Or. Admin. R. 461-135-0415 - Requirement to Make Copay or Satisfactory Arrangements; ERDC

Current through Register Vol. 61, No. 4, April 1, 2022

In the ERDC program:

(1) The caretaker is responsible for paying the copayment to the primary provider of child care unless the Child Care Billing form was sent to the provider showing no copayment.
(2) If the client has only one provider during a month, that provider is the primary provider. If the client uses more than one provider, the client must designate one as the primary provider. Notwithstanding any designation by the client, the Department considers a provider having the copayment amount (not to exceed the client's established copayment amount) deducted from its valid billing statement the primary provider for that period.
(3) If the copayment exceeds the amount billed by the primary provider, the Department may treat a different provider as the primary provider or split the copayment among the providers who bill for care.
(4) The copayment amount due from the caretaker to the provider is the lesser of:
(a) The copayment amount determined by the Department based on family size and income.
(b) The total amount allowed by the Department on a provider claim.
(5) A client who fails to pay a copayment to or to make satisfactory arrangements with the primary provider is ineligible for ERDC if the provider notifies the Department of an overdue copayment within 60 days after the Department issues payment for the month at issue. The period of ineligibility ends under any of the following circumstances:
(a) On the first day of the month in which the client makes the copayment or makes satisfactory arrangements with the provider.
(b) On the first day of the month after three years have lapsed from the date the client failed to make the copayment.
(c) On the first day of the month in which the client provides verification that the copayment debt was discharged by a bankruptcy filing.
(6) The Department will make the payment to a provider if a Child Care Billing form is mailed to the provider prior to the notification described in section (5) of this rule.


Or. Admin. R. 461-135-0415
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 23-2015, f. 9-28-15, cert. ef. 10/1/2015

Stat. Auth.: ORS 409.050, 409.610, 411.060, 411.070, 411.122

Stats. Implemented: ORS 409.050, 409.610, 411.060, 411.070, 411.122

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