H. B. No. 331 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 331

Representative Hagan

Cosponsors: Representatives Yuko, Stewart, Foley, Ujvagi, Boyd, Domenick, Koziura, Skindell, Phillips, Brown, Harris, Murray

A BILL

To amend sections 5101.54, 5107.12, and 5111.013 and

to enact sections 5101.87 and 5101.871 of the

Revised Code to require applicants for the

Children's Health Insurance Program, Medicaid,

Ohio Works First, and Supplemental Nutrition

Assistance Program to provide information about

their employers and to require quarterly reports

identifying the employers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5101.54, 5107.12, and 5111.013 be	9
amended and sections 5101.87 and 5101.871 of the Revised Code be	10
enacted to read as follows:	11

Sec. 5101.54. (A) The director of job and family services	12
shall administer the supplemental nutrition assistance program in	13
accordance with the Food and Nutrition Act of 2008 (7 U.S.C. 2011	14
et seq.). The department may:	15

(1) Prepare and submit to the secretary of the United States	16
department of agriculture a plan for the administration of the	17
supplemental nutrition assistance program;	18

(2) Prescribe forms for applications, certificates, reports,	19
records, and accounts of county departments of job and family	20
services, and other matters;. The form for the application shall	21
comply with section 5101.87 of the Revised Code.	22

(3) Require such reports and information from each county	23
department of job and family services as may be necessary and	24
advisable;	25

(4) Administer and expend any sums appropriated by the	26
general assembly for the purposes of the supplemental nutrition	27
assistance program and all sums paid to the state by the United	28
States as authorized by the Food and Nutrition Act of 2008;	29

(5) Conduct such investigations as are necessary;

(6) Enter into interagency agreements and cooperate with	31
investigations conducted by the department of public safety,	32
including providing information for investigative purposes,	33
exchanging property and records, passing through federal financial	34
participation, modifying any agreements with the United States	35
department of agriculture, providing for the supply, security, and	36
accounting of supplemental nutrition assistance program benefits	37
for investigative purposes, and meeting any other requirements	38
necessary for the detection and deterrence of illegal activities	39
in the supplemental nutrition assistance program;	40

(7) Adopt rules in accordance with Chapter 119. of the	41
Revised Code governing employment and training requirements of	42
recipients of supplemental nutrition assistance program benefits,	43
including rules specifying which recipients are subject to the	44
requirements and establishing sanctions for failure to satisfy	45
the requirements. The rules shall be consistent with 7 U.S.C.	46
2015 and, to the extent practicable, may provide for the	47
recipients to participate in work activities, developmental	48
activities, and alternative work activities established under	49
sections 5107.40 to 5107.69 of the Revised Code that are	50
comparable to programs authorized by 7 U.S.C. 2015(d)(4). The	51
rules may reference rules adopted under section 5107.05 of the	52
Revised Code governing work activities, developmental activities,	53
and alternative work activities established under sections 5107.40	54
to 5107.69 of the Revised Code.	55

(8) Adopt rules in accordance with section 111.15 of the	56
Revised Code that are consistent with the Food and Nutrition Act	57
of 2008, as amended, and regulations adopted thereunder governing	58
the following:	59

(a) Eligibility requirements for the supplemental nutrition	60
assistance program;	61

(b) Sanctions for failure to comply with eligibility	62
requirements;	63

(c) Allotment of supplemental nutrition assistance program	64
benefits;	65

(d) To the extent permitted under federal statutes and	66
regulations, a system under which some or all recipients of	67
supplemental nutrition assistance program benefits subject to	68
employment and training requirements established by rules adopted	69
under division (A)(7) of this section receive the benefits after	70
satisfying the requirements;	71

(e) Administration of the program by county departments of	72
job and family services;	73

(f) Other requirements necessary for the efficient	74
administration of the program.	75

(9) Submit a plan to the United States secretary of	76
agriculture for the department of job and family services to	77
operate a simplified supplemental nutrition assistance program	78
pursuant to 7 U.S.C. 2035 under which requirements governing the	79
Ohio works first program established under Chapter 5107. of the	80
Revised Code also govern the supplemental nutrition assistance	81
program in the case of households receiving supplemental	82
nutrition assistance program benefits and participating in Ohio	83
works first.	84

(B) A household that is entitled to receive supplemental	85
nutrition assistance program benefits and that is determined to	86
be in immediate need of nutrition assistance, shall receive	87
certification of eligibility for program benefits, pending	88
verification, within twenty-four hours, or, if mitigating	89
circumstances occur, within seventy-two hours, after application,	90
if:	91

(1) The results of the application interview indicate that	92
the household will be eligible upon full verification;	93

(2) Information sufficient to confirm the statements in the	94
application has been obtained from at least one additional source,	95
not a member of the applicant's household. Such information shall	96
be recorded in the case file, and shall include:	97

(a) The name of the person who provided the name of the	98
information source;	99

(b) The name and address of the information source;

100

101

The period of temporary eligibility shall not exceed one	102
month from the date of certification of temporary eligibility. If	103
eligibility is established by full verification, benefits shall	104
continue without interruption as long as eligibility continues.	105

At the time of application, the county department of job and	106
family services shall provide to a household described in this	107
division a list of community assistance programs that provide	108
emergency food.	109

(C) All applications shall be approved or denied through full	110
verification within thirty days from receipt of the application by	111
the county department of job and family services.	112

(D) Nothing in this section shall be construed to prohibit	113
the certification of households that qualify under federal	114
regulations to receive supplemental nutrition assistance program	115
benefits without charge under the Food and Nutrition Act of 2008.	116

(E) Any person who applies for the supplemental nutrition	117
assistance program shall receive a voter registration application	118
under section 3503.10 of the Revised Code.	119

Sec. 5101.87. (A) As used in this section and section	120
5111.871 of the Revised Code:	121

(1) "Children's health insurance program" means the	122
children's health insurance program parts I, II, and III provided	123
for by sections 5101.50 to 5101.529 of the Revised Code.	124

(2) "Employer" means any individual, sole proprietorship,	125
partnership, limited liability company, corporation, or any	126
other entity that is doing business in this state. "Employer"	127
also includes all entities or persons that are controlled by or	128
affiliated with any such individual, sole proprietorship,	129
partnership, limited liability company, corporation, or other	130
entity. Whether an entity or person is controlled by or	131
affiliated with another shall be determined by applying the	132
principles set forth on January 1, 1993, in subsections 414(b)	133
and (c) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	134
26 U.S.C. 414, except that a voting power of fifty-one per cent	135
shall be applied to the determination of control or	136
affiliation.	137

(3) "Medicaid" means the medical assistance program provided	138
for under Title XIX of the "Social Security Act of 1935," 42	139
U.S.C. 1396 et seq.	140

(4) "Ohio works first" means the program provided for by	141
Chapter 5107. of the Revised Code.	142

(5) "Supplemental nutrition assistance program" means the	143
program provided for by the "Food and Nutrition Act of 2008,"	144
U.S.C. 2011 et seq.	145

(B) Application forms for the children's health insurance	146
program, medicaid, Ohio works first, and supplemental nutrition	147
assistance program shall provide for the applicant to specify	148
the name and address of each of the applicant's employers and	149
the name and address of each employer of each individual whose	150
income is to be counted in determining the applicant's	151
eligibility for the children's health insurance program, medicaid,	152
Ohio works first, or supplemental nutrition assistance program.	153

Sec. 5101.871. (A) The director of job and family services	154
shall quarterly complete a report that specifies all of the	155
following:	156

(1) The name and address of each employer that employed	157
fifty or more employees who were either of the following while	158
employed by the employer in this state during the previous	159
three-month period:	160

(a) Recipients of the children's health insurance program,	161
medicaid, Ohio works first, or supplemental nutrition assistance	162
program;	163

(b) Individuals whose incomes were counted in determining	164
eligibility for the children's health insurance program, medicaid,	165
Ohio works first, or supplemental nutrition assistance program.	166

(2) The number of individuals required to be specified under	167
division (A)(1) of this section employed in the previous	168
three-month period by each employer specified in the report;	169

(3) The total cost to the state for the previous three-month	170
period of providing benefits under the children's health insurance	171
program, medicaid, Ohio works first, or supplemental nutrition	172
assistance program to employees of each of the employers	173
specified in the report, specified separately for each employer.	174

(B) The quarterly reports are a public record under section	175
149.43 of the Revised Code. The reports shall not include any	176
identifying information about any employee specified under	177
division (A)(1) of this section.	178

(C) The director of job and family services shall provide a	179
copy of the quarterly reports to all of the following:	180

(1) Each member of the general assembly;

181

(2) The director of development;

182

(3) The director of budget and management or, if the director	183
designates an employee of the office of budget and management to	184
serve on the controlling board in the director's place, the	185
designated employee;	186

(4) Each member of the tax credit authority.

187

The director of development, members of the controlling	188
board, and members of the tax credit authority shall consider the	189
information included in the report when determining whether to	190
grant an employer a contract, award, subsidy, or incentive or to	191
approve such a contract, award, subsidy, or incentive. The	192
director of development, controlling board, and tax credit	193
authority shall notify the director of job and family services of	194
the impact the report has on decisions regarding contracts,	195
awards, subsidies, and incentives.	196

(D) Not later than one year after the effective date of this	197
section, the director of job and family services shall make the	198
quarterly reports available on a searchable internet web site. The	199
internet web site shall include information provided to the	200
director by the director of development, controlling board, and	201
tax credit authority regarding the impact the report has on	202
decisions regarding contracts, awards, subsidies, and incentives.	203

Sec. 5107.12. An assistance group seeking to participate in	204
the Ohio works first program shall apply to a county department of	205
job and family services using an application containing	206
information the director of job and family services requires	207
pursuant to rules adopted under section 5107.05 of the Revised	208
Code and any additional information the county department	209
requires. The application shall comply with section 5101.87 of the	210
Revised Code. If cash assistance under the program is to be paid	211
by the director of budget and management through the medium of	212
direct deposit as provided by section 329.03 of the Revised Code,	213
the application shall be accompanied by information the director	214
needs to make direct deposits.	215

When a county department receives an application for	216
participation in Ohio works first, it shall promptly make an	217
investigation and record of the circumstances of the applicant in	218
order to ascertain the facts surrounding the application and to	219
obtain such other information as may be required. Upon the	220
completion of the investigation, the county department shall	221
determine as soon as possible whether the applicant is eligible to	222
participate, the amount of cash assistance the applicant should	223
receive, and the approximate date when participation shall begin.	224
The county department shall not delay making the determination of	225
whether the applicant is eligible to participate on the basis that	226
the individuals required by section 5107.14 of the Revised Code to	227
enter into a written self-sufficiency contract with the county	228
department have not yet done that. The amount of cash assistance	229
so determined shall be certified to the department of job and	230
family services in such form as the department shall prescribe.	231
Warrants, direct deposits, or debit cards shall be delivered or	232
made payable in the manner the department may prescribe.	233

To the extent required by rules adopted under section 5107.05	234
of the Revised Code, a participant of Ohio works first shall	235
notify the county department immediately upon the receipt or	236
possession of additional income not previously reported to the	237
county department. Any failure to so notify a county department	238
shall be regarded as prima-facie evidence of an intent to defraud.	239

Sec. 5111.013. (A) The provision of medical assistance to	240
pregnant women and young children who are eligible for medical	241
assistance under division (A)(3) of section 5111.01 of the Revised	242
Code, but who are not otherwise eligible for medical assistance	243
under that section, shall be known as the healthy start program.	244

(B) The department of job and family services shall do all of	245
the following with regard to the application procedures for the	246
healthy start program:	247

(1) Establish a short application form for the program that	248
requires the applicant to provide no more information than is	249
necessary for making determinations of eligibility for the healthy	250
start program, except that the form may require applicants to	251
provide their social security numbers and shall comply with	252
section 5101.87 of the Revised Code. The form shall include a	253
statement, which must be signed by the applicant, indicating that	254
she does not choose at the time of making application for the	255
program to apply for assistance provided under any other program	256
administered by the department and that she understands that she	257
is permitted at any other time to apply at the county department	258
of job and family services of the county in which she resides for	259
any other assistance administered by the department.	260

(2) To the extent permitted by federal law, do one or both of	261
the following:	262

(a) Distribute the application form for the program to each	263
public or private entity that serves as a women, infants, and	264
children clinic or as a child and family health clinic and to each	265
administrative body for such clinics and train employees of each	266
such agency or entity to provide applicants assistance in	267
completing the form;	268

(b) In cooperation with the department of health, develop	269
arrangements under which employees of county departments of job	270
and family services are stationed at public or private agencies or	271
entities selected by the department of job and family services	272
that serve as women, infants, and children clinics; child and	273
family health clinics; or administrative bodies for such clinics	274
for the purpose both of assisting applicants for the program in	275
completing the application form and of making determinations at	276
that location of eligibility for the program.	277

(3) Establish performance standards by which a county	278
department of job and family services' level of enrollment of	279
persons potentially eligible for the program can be measured, and	280
establish acceptable levels of enrollment for each county	281
department.	282

(4) Direct any county department of job and family services	283
whose rate of enrollment of potentially eligible enrollees in the	284
program is below acceptable levels established under division	285
(B)(3) of this section to implement corrective action. Corrective	286
action may include but is not limited to any one or more of the	287
following to the extent permitted by federal law:	288

(a) Establishing formal referral and outreach methods with	289
local health departments and local entities receiving funding	290
through the bureau of maternal and child health;	291

(b) Designating a specialized intake unit within the county	292
department for healthy start applicants;	293

(c) Establishing abbreviated timeliness requirements to	294
shorten the time between receipt of an application and the	295
scheduling of an initial application interview;	296

(d) Establishing a system for telephone scheduling of intake	297
interviews for applicants;	298

(e) Establishing procedures to minimize the time an applicant	299
must spend in completing the application and eligibility	300
determination process, including permitting applicants to complete	301
the process at times other than the regular business hours of the	302
county department and at locations other than the offices of the	303
county department.	304

(C) To the extent permitted by federal law, local funds,	305
whether from public or private sources, expended by a county	306
department for administration of the healthy start program shall	307
be considered to have been expended by the state for the purpose	308
of determining the extent to which the state has complied with any	309
federal requirement that the state provide funds to match federal	310
funds for medical assistance, except that this division shall not	311
affect the amount of funds the county is entitled to receive under	312
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	313

(D) The director of job and family services shall do one or	314
both of the following:	315

(1) To the extent that federal funds are provided for such	316
assistance, adopt a plan for granting presumptive eligibility for	317
pregnant women applying for healthy start;	318

(2) To the extent permitted by federal medicaid regulations,	319
adopt a plan for making same-day determinations of eligibility for	320
pregnant women applying for healthy start.	321

(E) A county department of job and family services that	322
maintains offices at more than one location shall accept	323
applications for the healthy start program at all of those	324
locations.	325

(F) The director of job and family services shall adopt rules	326
in accordance with section 111.15 of the Revised Code as necessary	327
to implement this section.	328

Section 2. That existing sections 5101.54, 5107.12, and	329
5111.013 of the Revised Code are hereby repealed.	330