Category 60 - Excess Maintenance Payments (EMP) 623-05-30-30

(Revised 4/20/20 ML #3579)

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PI 21-04

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PI 20-32

 

 

An Excess Maintenance Payment (EMP), also known as a specialized family foster care irregular payment, may apply when undue demands to care for a child are present. An EMP may be approved for a licensed or approved (Tribal Affidavit) family foster home due to physical, emotional, and/or material resources in excess of the demands expected in normal foster parenting.

 

The Specialized Family Foster Care/Adoption Assistance Level of Care Evaluation Form (SFN 1865) is to be completed by the case manager when an EMP is being considered. The child's behavior and needs must be carefully assessed prior to completing the rating form. The total score will assist in determining the appropriate EMP level of care. The EMP level must be discussed at every Child and Family Team meeting and approved in advance for payment purposes. Each time a child has a placement change, the EMP must be re-evaluated and a new approval is required to authorize payment. Retroactive payments are not allowed.

 

For all excess maintenance payments, the Regional Representative must sign the SFN 904 “Agreement to Furnish Specialized Foster Care Services, Excess Maintenance Agreement” approving an EMP to a specific provider. The amount of payment is determined by the evaluation level. The agreement must have a start and end date, which cannot exceed six months in duration, the end of the court order, or the end of the primary placement, whichever comes first. Approvals must be placed in the eligibility file for auditing purposes.

 

If a placement change occurs for a child in care and the approval is granted for the receiving family foster home, the foster parents are entitled to payment reimbursement for each full day within the approved duration of time for which they provide care. Duplication of the EMP reimbursement is not allowed for the date the child is transferred from one home to the next.

 

The EMP levels are:

 

Level	Code	EMP Rate/Day
Level I	Code 61	$1.67/day (estimated $50/mo.)
Level II	Code 62	$3.33/day (estimated $100/mo.)
Level III	Code 63	$5.00/day (estimated $150/mo.)

 

The payment system will only calculate the EMP per day, the range from $50 to $150 is based off a 30 day calculation. CCWIPS will automatically generate the value based on the EMP daily rate. Approval for a level I, II, or III EMP can be approved through the Child & Family Team meeting process and Regional Representative. A copy of the approval must be maintained in the child file as well as the eligibility file for auditing purposes.

 

Level IV Code 64

Excess maintenance payment for level IV requires additional approval from the Regional Representative and Children & Family Services Foster Care Administrator. The total amount of the EMP is determined based on the SFN 1865 and must exceed level I, II, and III maximum amounts. The EMP total for level IV must be manually entered into the payment system once determined. A partial month of payment must be prorated. A copy of the approval from Children and Family Services must be maintained in the child file as well as the eligibility file for auditing purposes.

 

Out of State Providers:

Out-of-state placements are reimbursed at the rate of the receiving state. The receiving state may have a rating scale to determine if an excess maintenance payment is needed to accommodate the child in placement, if not the SFN 1865 can be used to determine need. If a North Dakota child is placed in an out of state family foster home, which receives direct reimbursement from the Department, and the need of the child exceeds the out of state maintenance rate, an EMP may be approved. Out of state therapeutic foster care agencies that bill for costs including a difficulty of care rate along with their standard daily rate, are not required to have excess maintenance payments approved through Category 60. North Dakota will reimburse the therapeutic agency as billed.