Or. Admin. Code § 137-055-1500 - Incentive Payments
(1) For
purposes of this rule, the following definitions apply:
(a) "Centralized services" may include, but
are not limited to: accounting functions, bankruptcy case management, central
registry for interstate cases, computer charges, constituent desk, Child
Support Program director's office administrative costs, garnishments resulting
from a Financial Institution Data Match, locate services, mainframe, Oregon
District Attorney Association liaison position, postage, receipt, distribution
and disbursement of support payments, and unemployment compensation and
workers' compensation withholdings;
(b) "County" or "Counties" means the county
district attorneys under cooperative agreements to provide support enforcement
services under ORS 25.080 and any county which enters into an agreement with
the Division of Child Support (DCS) under ORS 25.080(5) on or after May 1,
2001, for DCS to assume the functions of the district attorney;
(c) "Counties' Collection Base" is that
portion of the "State's Collection Base" attributable only to amounts for cases
assigned to the counties;
(d) "DCS'
Collection Base" is that portion of the "State's Collection Base" attributable
only to amounts for cases assigned to DCS;
(e) "State's Collection Base" has the meaning
given in 45 CFR 305.31(f);
(f)
"Available incentive payment pool" is the projected amount from the biennial
budget of the gross amount of incentives to be received from the federal
Department of Health and Human Services (DHHS) for the current fiscal
year.
(2) Beginning with
incentive payments received for federal fiscal year (FFY) 2002 (October 1, 2001
through September 30, 2002), incentive payments received by the Oregon Child
Support Program from the federal DHHS pursuant to 45 CFR 305 et seq. will be
allocated to each county and DCS based on their performance in four program
areas:
(a) Support order
establishment;
(b) Current support
collections;
(c) Collection on
arrears; and
(d)
Cost-effectiveness.
(3)
The incentive calculations for the current federal fiscal year will be based on
the performance data from the final Office of Child Support Services 157 report
for the previous FFY and the state's available incentive payment pool for the
current FFY.
(4) The formulas to
compute each county's and DCS' performance for the four program areas
identified in section (2) of this rule are as stated in 45 CFR 305.2.
(5)
(a) The
level of performance of each county and DCS as calculated using the formulas
referenced in section (4) of this rule determines the applicable percentage for
each of the four performance measures as set out in tables in 45 CFR
305.33;
(b) The cost effectiveness
performance category will include an addition to the total expenditures of the
counties for the cost of centralized services and a subtraction of the same
amount from the DCS total expenditures for the cost of centralized services
provided to the counties.
(6) For the support order establishment and
current support collections performance measures, the applicable percentages as
determined per subsections (5)(a) and (b) of this rule are multiplied by 100%
of the counties' collection base for county computations or 100% of DCS'
collection base for DCS computations.
(7) For cases receiving an arrears payment
and the cost effectiveness performance measures, the applicable percentages as
determined per subsections (5)(a) and (b) of this rule are multiplied by 75% of
the counties' collection base for county computations or 75% of DCS' collection
base for DCS computations.
(8) The
incentive calculations for the four performance areas calculated in sections
(6) and (7) of this rule are added together to obtain the following amounts:
(a) The incentive base amount for each
individual county; and
(b) The
incentive base amount for DCS.
(9) The sum of the incentive base amounts for
all the counties as calculated in subsection (8)(a) is the total incentive base
amount for all the counties.
(10)
The state aggregate incentive base amount is the sum of the total incentive
base amount for all the counties as calculated in section (9), and the
incentive base amount for DCS as calculated in subsection (8)(b).
(11)
(a)
The counties' collective incentive payment share is determined by dividing the
total incentive base amount for all the counties as calculated in section (9),
by the state aggregate incentive base amount as calculated in section (10),
then multiplying the resulting percentage by the available incentive payment
pool for the current FFY.
(b) The
counties' collective incentive payment share will be reduced by a proportionate
share of costs for centralized services, as determined upon review and
agreement pursuant to section (15) of this rule, to be retained by DCS to
offset the costs of such services provided to the counties by DCS.
(c) Each individual county's incentive
payment is determined by dividing its county's incentive base amount by the
total incentive base amount for all the counties, then multiplying the
resulting percentage by the counties' collective incentive payment share as
determined in subsection (11)(b).
(12) DCS' incentive payment is determined by
dividing the DCS incentive base amount by the state aggregate incentive base
amount as calculated in section (10), then multiplying the resulting percentage
by the available incentive payment pool for the current FFY.
(13) Each county's and DCS' incentive
payment, as calculated respectively in subsection (11)(c) and section (12) of
this rule, will be distributed in equal quarterly payments for the current FFY
based on the counties' and DCS' performance for the prior FFY.
(14) When the federal DHHS reconciles and
determines the actual annual incentive payment to the state following the end
of each FFY, any resulting positive or negative incentive adjustment amount
will be apportioned according to the calculations in sections (4) through (12)
of this rule using the performance figures for the corresponding prior FFY:
(a) If the adjustment results in a positive
incentive to the counties, such payment will be distributed and, as
appropriate, disbursed no later than 60 days following the state's receipt of
the incentive adjustment from the federal DHHS; or
(b) If the adjustment results in a negative
incentive and incentive overpayment to the counties, such overpayment will be
recovered from future incentive payments.
(15) The allocation of incentive payments as
set out in this rule and the cost of centralized services will be reviewed
every two years, commencing in January 2004.
Notes
Statutory/Other Authority: ORS 180.345, 45 CFR 305.2 & 45 CFR 305.33
Statutes/Other Implemented: ORS 180.345
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