Ohio Admin. Code 5101:12-1-80.3

Current through all regulations passed and filed through October 28, 2024
Section 5101:12-1-80.3 - IV-D contract time and exception reporting, invoicing, monitoring, and evaluation
(A) Time study for a IV-D contract with a court for magistrate services.
(1) The time study is used to calculate the IV-D multiplier and identify the average length of time needed to:
(a) Produce a court order, which will include the time spent preparing for and conducting a court hearing; or
(b) Conduct a court hearing.

The IV-D multiplier is a comparison of the average amount of time spent on activities that are reimbursable under the IV-D contract to the average amount of time spent on all recorded activities. The IV-D multiplier is also used to calculate the justified unit rate. The justified unit rate is used to determine the actual IV-D contract cost for invoicing purposes each month.

(2) A time study is necessary when the IV-D contract is with a court for magistrate services and all of the following conditions are met:
(a) The unit of service is defined as a court order or a court hearing;
(b) The IV-D contract is for child support enforcement agency (CSEA) initiated activities or both CSEA initiated activities and non-CSEA initiated activities; and
(c) The court docket includes activities that are reimbursable and not reimbursable under the IV-D contract.
(3) The time study will be conducted:
(a) At least one time per year; and
(b) During a twelve-month period of time before the signature date on the IV-D contract; and
(c) For a total of four weeks during any calendar year. The four weeks can be:
(i) Four consecutive weeks;
(ii) One week per quarter; or
(iii) Two consecutive weeks at two different intervals.
(4) Each magistrate who performs activities under the IV-D contract will complete one JFS 02015, "IV-D Contract Time Study" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) for each day of the time study.
(5) The contractor will submit to the CSEA all of the JFS 02015s upon completion of all of the time studies.
(6) The CSEA will review each JFS 02015 and work with the contractor to resolve any discrepancies in accuracy or completeness, if any. The CSEA will maintain documentation of the review of the JFS 02015s, the results of the review, and how any identified discrepancies were resolved.
(B) Time sheet and exception reporting.
(1) For purposes of completing a time sheet or exception report, the following definitions apply:
(a) "Dedicated principal staff" means principal staff, as listed on the JFS 07020, "Governmental Contractor IV-D Contract Budget" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), who work one hundred per cent of the time on activities that are reimbursable under the IV-D contract.
(b) "Non-dedicated principal staff" means principal staff, as listed on the JFS 07020, who work less than one hundred per cent of the time on activities that are reimbursable under the IV-D contract.
(2) Time sheet requirement for a IV-D contract with a private entity.
(a) When the unit of service is defined as an hour, the contractor will record the time spent each month on activities that are reimbursable under the IV-D contract on a time sheet that contains the following data elements and is signed by the contractor;
(b) Date;
(c) Description of activity;
(d) Time activity began;
(e) Time activity ended;
(f) Case number;
(g) Support enforcement tracking system (SETS) case number, if available; and
(h) Contractor's signature.
(3) Time sheet requirement for a IV-D contract with a governmental entity with non-dedicated principal staff.

When the unit of service is defined as an hour:

(a) The contractor will record and certify on the JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each day on both activities that are reimbursable and not reimbursable under the IV-D contract.
(b) The CSEA has the option to mandate the contractor to record and certify on the JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract. If the CSEA requires the contractor to record time on the JFS 01729, the CSEA will include this requirement in the performance standards of the IV-D contract.
(c) The CSEA has the option to mandate the contractor to record on the JFS 01731, "Monthly Time Summary for Governmental Contractor" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01728 for the month. If the CSEA mandates the contractor to record time on the JFS 01731, the CSEA will include this requirement in the performance standards of the IV-D contract.
(4) Exception report requirement for a IV-D contract with a governmental entity with dedicated principal staff.

When the unit of service is defined as an hour:

(a) The principal staff as listed on the JFS 07020 will record and certify on the JFS 01730, "Dedicated Principal Staff Exception Report" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) the dates and time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract; and
(b) The CSEA has the option to mandate the contractor to record on the JFS 01731 the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01730 for the month. If the CSEA mandates the contractor to record time on the JFS 01731, the CSEA will include this requirement in the performance standards of the IV-D contract.
(C) Invoicing.
(1) Invoicing for a IV-D contract with a governmental entity.
(a) The contractor will record the contractor's actual monthly costs on the JFS 07034, "Governmental Contractor Monthly Expense Report" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) to identify the justified unit rate. The contractor will submit the JFS 07034 to the CSEA within thirty days of the last day of the month in which services were performed.
(b) The CSEA will complete and submit to the office of child support (OCS) the JFS 07034 in the electronic spreadsheet format, that is posted to the Ohio department of job and family services (ODJFS) innerweb, within forty-five days of the last day of the month in which services were performed.
(c) The contractor will complete and submit to the CSEA the JFS 07035, "IV-D Contract Invoice" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) no later than thirty days after the last day of the month in which services were performed.
(d) The contractor will ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.
(e) When the unit of service is defined as an hour, the contractor will multiply the justified unit rate by the actual time spent on activities purchased under the IV-D contract during the month to determine the actual IV-D contract cost for the month.
(f) When the unit of service is not defined as an hour, the contractor will multiply the justified unit rate by the number of units of service purchased during the month to determine the actual IV-D contract cost for the month.
(2) Invoice payment options for a IV-D contract with a governmental entity.
(a) The CSEA is responsible for paying the actual expenses as determined by the process described in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.
(b) The CSEA may elect to pay the justified unit rate on a monthly basis as reported on the JFS 07034.
(c) The CSEA may elect to pay the unit rate as determined on the JFS 07020 and reconcile actual expenses to budgeted expenses on a quarterly basis. If the CSEA elects to reconcile actual expenses to budgeted expenses on a quarterly basis, the CSEA will:
(i) Within forty-five days of the end of the calendar quarter, reconcile the actual expenses to the amount paid during the calendar quarter; and
(ii) Annually certify on the JFS 02151, "IV-D Contract Evaluation" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) that the monetary reconciliation occurred for each calendar quarter during the IV-D contract period.
(3) Invoicing for a IV-D contract with a private entity.
(a) The contractor will complete and submit to the CSEA the JFS 07035 no later than thirty days after the last day of the month in which services were performed.
(b) The contractor will multiply the unit rate by the number of units of service provided during the month to determine the IV-D contract costs for the month.
(c) The contractor will ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.
(D) Invoice approval.
(1) Within thirty days of receipt of the JFS 07035, the CSEA will:
(a) Review the JFS 07035; and,
(b) When the CSEA determines that the JFS 07035 is completed correctly, approve the JFS 07035 for payment.
(2) When the CSEA determines that the JFS 07035 is not completed correctly, the CSEA will:
(a) Request the contractor amend the JFS 07035; and
(b) Within thirty days of receipt of an amended JFS 07035 that has been completed correctly, approve the amended JFS 07035 for payment.
(E) Monitoring.
(1) The CSEA will:
(a) Monitor all activities performed under the IV-D contract to ensure that all support enforcement program requirements are met in accordance with the rules in division 5101:12 of the Administrative Code.
(b) Only reimburse the contractor for activities provided to, for, or on behalf of a case that was in open IV-D status at the time of the activity.
(c) Review the JFS 07034 that is submitted by the contractor each month in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.
(d) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018, "IV-D Contract" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code) or the JFS 07037, "IV-D Contract Amendment" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code).
(2) OCS will:
(a) Review the JFS 07034 within thirty days from the date that OCS receives the JFS 07034 from the CSEA in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.
(b) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018 or JFS 07037.
(F) Evaluation.

The CSEA will:

(1) Evaluate a IV-D contract by completing a JFS 02151. The CSEA will conduct the evaluation any time after the third quarter of the IV-D contract period but no later than ninety days after the conclusion of the IV-D contract period.
(2) Issue a copy of the JFS 02151 to the contractor and OCS within thirty days of completing the JFS 02151.

Ohio Admin. Code 5101:12-1-80.3

Effective: 11/1/2024
Five Year Review (FYR) Dates: 8/5/2024 and 11/01/2029
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12, 3125.13, 3125.15, 3125.17
Prior Effective Dates: 08/01/1975, 08/01/1982, 07/01/1987, 07/01/1987 (Emer.), 08/03/1987, 12/01/1987, 12/01/1987 (Emer.), 02/29/1988, 11/27/1989 (Emer.), 02/19/1990, 04/10/1992, 07/15/1992, 11/01/1993, 07/01/1996, 02/01/1997, 07/01/2002, 01/01/2004, 12/02/2004, 02/16/2006, 02/15/2009, 12/01/2013, 12/15/2019