Or. Admin. R. 414-400-0060 - Determining Child Care Rates for Payment

(1) The maximum rates the ELD pays for Migrant and Seasonal child care are determined by the most recent Oregon Department of Human Services (DHS) market rate survey and will be furnished upon request.
(2) ELD will pay the provider's rates within the (DHS) maximums as specified in the provider contract with ELD.
(3) Rates charged to ELD for child care services may not exceed rates charged for comparable services to non-subsidy children.
(4) The provider shall not ask the family for, or accept directly or indirectly, any additional payment for care provided to an ELD subsidy eligible family other than those in section (2) of this rule.
(5) Families are subject to copayments according to DHS copayment standards:
(a) During the first month, or part thereof, of child care, all Migrant and Seasonal Families will be charged the minimum copayment.
(b) When all children in a family receive three or fewer hours a day of children, the minimum copayment will apply.
(c) For the ELD subsidy program, the copayment for each Seasonal Family will be determined based on 50 percent of the DHS copayment for the family size and monthly income. Monthly income shall be determined by dividing the annual family income by 12.
(d) The family shall be informed of their copayment when they apply and their copayment shall be included in writing on the client application.
(e) The Contractor is responsible to collect the copayment.
(f) The Contractor may choose not to collect the copayment from the family, but the copayment must be deducted from the amount billed to the ELD before ELD is billed.
(6) Copayment Subsidies: For Seasonal Families that have been determined eligible for the ERDC program, the ELD Special Populations program will reimburse the Contractor for 50 percent of the copayment required to be paid by the family to receive the ERDC child care subsidy.
(a) Contractor will invoice the ELD monthly for the copayment reimbursement, and will provide documentation that show the required payment for the Seasonal family.
(b) The subsidized copayment amount will be disbursed by the ELD directly to the child care provider or to the Contractor for payment to the child care provider.
(c) ELD subsidized copayments are meant to ease the financial burden on Seasonal Families seeking child care subsidy. Neither the Contractor nor the child care provider shall charge an applicant family any fees or copayments that have already been paid on behalf of the applicant family to the provider by ELD.
(7) In-home Care. Minimum wage for care in a child's own home is governed by the state minimum wage law. It may not be negotiated to a lower rate. Overtime at one-and-one-half times the regular rate must be paid for all hours worked in excess of 40 hours in a work week (seven sequential days). Overtime shall not be paid to a provider who lives in the child's home.

Notes

Or. Admin. R. 414-400-0060
CSD 11-1990, f. & cert. ef. 4-23-90; CSD 10-1992, f. & cert. ef. 3-17-92; CSD 12-1992(Temp), f. & cert. ef. 5-19-92; CSD 17-1992, f. & cert. ef. 7-6-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 412-011-0360; ELD 12-2014, f. & cert. ef. 11/25/2014

Stat. Auth: ORS 329A

Stat. Implemented: ORS 329A.010

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