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

(Revised 10/1/2023 ML #3759)

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A licensed family home or approved (Tribal Affidavit) provider may be approved for an Excess Maintenance Payment (EMP) when the care of a child requires a higher level of physical, emotional, and/or material resources. An EMP can be approved at any time throughout the life of the case.

 

The SFN 904 “Agreement to Furnish Specialized Foster Care Services, must be:

  1. Signed by the primary provider, case workerr and the CFS Field Service Specialist.
  2. Specific to a six month maximum timeframe;
  3. Specific to the placement dates of the primary provider in which the agreement is signed, not to exceed the last day of the primary placement.

A new agreement is required every six months, with a change in provider, and when a level change is appropriate.

 

Change in Placement

 

An agreement automatically ends with a change in placement. A new agreement is required for the new provider if applicable to the provider type.

 

The EMP levels are:

 

Level Code EMP Rate/Day
Level I Code 61

$3.33/day

(estimated $100/mo.)
Level II Code 62

$5.00/day

(estimated $150/mo.)
Level III Code 63

$6.66/day

(estimated $200/mo.)
Level IV Code 64

Monthly allowable amount

 

*The estimated amount is calculated using a 30 day month

 

The foster care provider is entitled to payment reimbursement for each full day within the approved duration of time for which they provide care. The payment system automatically calculates the payment based on the EMP daily rate for levels I, II, III. The Level IV code 64 is used for licensed family providers and in reimbursement of the level of care over the base rate to qualified residential treatment providers.

 

Level IV Code 64

Excess maintenance payment for level IV requires approval from the 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.

 

QRTP Placement: Level IV EMP approval requirements do not apply to children placed in qualified residential treatment program (QRTP) placements. The Department has a contract with a third-party vendor who determines the approvals and difficulty of care levels for children placed in a QRTP.

 

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 foster care case manager can use the ND SFN 1865 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 foster care agencies that bill North Dakota for child placement costs including a difficulty of care rate along with their standard daily rate, are not required to have a SFN 904 on file, as North Dakota will reimburse the therapeutic agency as billed.

 

Case managers seeking out of state residential, must complete the ICPC process and receive approval for placement into a licensed qualified residential treatment program (QRTP). North Dakota will not reimburse for any placement days in a residential facility unless the facility is licensed as a QRTP.