Category 60 – Excess Maintenance Payments (EMP) 623-05-30-30
(Revised 5/1/21 ML #3617)
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PI 21-22
Category 60 irregular payments are specific to Excess Maintenance Payments (EMP), also known as a specialized family foster care irregular payment. An EMP may apply when undue demands are required to care for a child. An EMP may be approved for a licensed or approved (Tribal Affidavit) family foster home due to the physical, emotional, and/or material resources in excess of the demands expected in normal foster parenting. An EMP can be approved at any time throughout the life of the case. The foster care case manager must submit the signed SFN 904 to the CFS Eligibility Unit for payment authorization to the foster parent.
The SFN 904 “Agreement to Furnish Specialized Foster Care Services, must be:
- Signed by the primary provider, foster care case manager and the CFS Field Service Specialist;
- Specific to a six month maximum timeframe;
- 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.
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. The payment system will automatically generate the value based on the EMP daily rate.
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.
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.
