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| To amend sections 3701.027, 5101.46, and 5101.461 and | 1 |
| to enact sections 3701.033 and 5101.101 of the | 2 |
| Revised Code to prioritize the distribution of | 3 |
| funds for family planning services. | 4 |
| Section 1. That sections 3701.027, 5101.46, and 5101.461 be | 5 |
| amended and sections 3701.033 and 5101.101 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 3701.027. The department of health shall administer | 8 |
| funds received from the "Maternal and Child Health Block Grant," | 9 |
| Title V of the "Social Security Act," 95 Stat. 818 (1981), 42 | 10 |
| U.S.C.A. 701, as amended, for programs including the program for | 11 |
| medically handicapped children, and to provide technical | 12 |
| assistance and consultation to city and general health districts | 13 |
| and local health planning organizations in implementing local, | 14 |
| community-based, family-centered, coordinated systems of care for | 15 |
| medically handicapped children. The department may make grants to | 16 |
| persons and other entities for the provision of services with the | 17 |
| funds. In addition, the department may use the funds to purchase | 18 |
| liability insurance covering the provision of services under the | 19 |
| programs by physicians and other health care professionals, and to | 20 |
| pay health insurance premiums on behalf of medically handicapped | 21 |
| children participating in the program for medically handicapped | 22 |
| children when the department determines, in accordance with | 23 |
| criteria set forth in rules adopted under division (A)(9) of | 24 |
| section 3701.021 of the Revised Code, that payment of the premiums | 25 |
| is cost effective. | 26 |
| In determining eligibility for services provided with funds | 27 |
| received from the "Maternal and Child Health Block Grant," the | 28 |
| department may use the application form established under section | 29 |
| 5111.013 of the Revised Code. The department may require | 30 |
| applicants to furnish their social security numbers. | 31 |
| Funds from the "Maternal and Child Health Block Grant" that | 32 |
| are administered for the purpose of providing family planning | 33 |
| services shall be awarded to entities in accordance with section | 34 |
| 3701.033 of the Revised Code. | 35 |
| Sec. 3701.033. (A) All funds distributed by the department | 36 |
| of health for the purpose of providing family planning services, | 37 |
| including funds the department receives through the "Maternal and | 38 |
| Child Health Block Grant," Title V of the "Social Security Act," | 39 |
| 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and through Title | 40 |
| X of the "Public Health Service Act," 84 Stat. 1504 (1970), 42 | 41 |
| U.S.C. 300a, as amended, shall be awarded as follows: | 42 |
| (1) The department shall award funds with foremost priority | 43 |
| given to eligible public entities that provide family planning | 44 |
| services, including community health clinics and similar health | 45 |
| facilities operated by state, county, or local government | 46 |
| entities. | 47 |
| (2) To the extent funds are available after the department | 48 |
| determines that all eligible public entities have been fully | 49 |
| funded under division (A)(1) of this section, the department may | 50 |
| award funds to nonpublic entities in the following order of | 51 |
| descending priority: | 52 |
| (a) Federally qualified health centers, as defined in section | 53 |
| 3701.047 of the Revised Code; | 54 |
| (b) Nonpublic entities that provide comprehensive primary and | 55 |
| preventive care services in addition to family planning services; | 56 |
| (c) Nonpublic entities that provide family planning services, | 57 |
| but do not provide comprehensive primary and preventive care | 58 |
| services. | 59 |
| (B) This section does not apply to grants awarded by the | 60 |
| department under section 3701.046 of the Revised Code. | 61 |
| Sec. 5101.101. (A) All funds distributed by the department | 62 |
| of job and family services for the purpose of providing family | 63 |
| planning services, including funds the department receives through | 64 |
| Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 | 65 |
| U.S.C. 1397, as amended, and funds received through Title IV-A of | 66 |
| the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, | 67 |
| as amended, to be used for purposes of providing Title XX social | 68 |
| services, shall be awarded as follows: | 69 |
| (1) The department shall award funds with foremost priority | 70 |
| given to eligible public entities that provide family planning | 71 |
| services, including community health clinics and similar health | 72 |
| facilities operated by state, county, or local government | 73 |
| entities. | 74 |
| (2) To the extent funds are available after the department | 75 |
| determines that all eligible public entities have been fully | 76 |
| funded under division (A)(1) of this section, the department may | 77 |
| award funds to nonpublic entities in the following order of | 78 |
| descending priority: | 79 |
| (a) Federally qualified health centers, as defined in section | 80 |
| 3701.047 of the Revised Code; | 81 |
| (b) Nonpublic entities that provide comprehensive primary and | 82 |
| preventive care services in addition to family planning services; | 83 |
| (c) Nonpublic entities that provide family planning services, | 84 |
| but do not provide comprehensive primary and preventive care | 85 |
| services. | 86 |
| (B) This section does not apply to the medicaid program. | 87 |
| Sec. 5101.46. (A) As used in this section: | 88 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 89 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 90 |
| (2) "Respective local agency" means, with respect to the | 91 |
| department of job and family services, a county department of job | 92 |
| and family services; with respect to the department of mental | 93 |
| health, a board of alcohol, drug addiction, and mental health | 94 |
| services; and with respect to the department of developmental | 95 |
| disabilities, a county board of developmental disabilities. | 96 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 97 |
| as revised annually by the United States department of health and | 98 |
| human services in accordance with section 673(2) of the "Omnibus | 99 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 100 |
| 9902, as amended, for a family size equal to the size of the | 101 |
| family of the person whose income is being determined. | 102 |
| (B) The departments of job and family services, mental | 103 |
| health, and developmental disabilities, with their respective | 104 |
| local agencies, shall administer the provision of social services | 105 |
| funded through grants made under Title XX. The social services | 106 |
| furnished with Title XX funds shall be directed at the following | 107 |
| goals: | 108 |
| (1) Achieving or maintaining economic self-support to | 109 |
| prevent, reduce, or eliminate dependency; | 110 |
| (2) Achieving or maintaining self-sufficiency, including | 111 |
| reduction or prevention of dependency; | 112 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 113 |
| of children and adults unable to protect their own interests, or | 114 |
| preserving, rehabilitating, or reuniting families; | 115 |
| (4) Preventing or reducing inappropriate institutional care | 116 |
| by providing for community-based care, home-based care, or other | 117 |
| forms of less intensive care; | 118 |
| (5) Securing referral or admission for institutional care | 119 |
| when other forms of care are not appropriate, or providing | 120 |
| services to individuals in institutions. | 121 |
| (C)(1) All federal funds received under Title XX shall be | 122 |
| appropriated as follows: | 123 |
| (a) Seventy-two and one-half per cent to the department of | 124 |
| job and family services; | 125 |
| (b) Twelve and ninety-three | 126 |
| cent to the department of mental health; | 127 |
| (c) Fourteen and fifty-seven | 128 |
| cent to the department of developmental disabilities. | 129 |
| (2) Each state department shall, subject to the approval of | 130 |
| the controlling board, develop formulas for the distribution of | 131 |
| their Title XX appropriations to their respective local agencies. | 132 |
| The formulas shall take into account the total population of the | 133 |
| area that is served by the agency, the percentage of the | 134 |
| population in the area that falls below the federal poverty | 135 |
| guidelines, and the agency's history of and ability to utilize | 136 |
| Title XX funds. | 137 |
| (3) Each of the state departments shall expend no more than | 138 |
| three per cent of its Title XX appropriation for state | 139 |
| administrative costs. Each of the department's respective local | 140 |
| agencies shall expend no more than fourteen per cent of its Title | 141 |
| XX appropriation for local administrative costs. | 142 |
| (4) The department of job and family services shall expend no | 143 |
| more than two per cent of its Title XX appropriation for the | 144 |
| training of the following: | 145 |
| (a) Employees of county departments of job and family | 146 |
| services; | 147 |
| (b) Providers of services under contract with the state | 148 |
| departments' respective local agencies; | 149 |
| (c) Employees of a public children services agency directly | 150 |
| engaged in providing Title XX services. | 151 |
| (5) Title XX funds that are distributed for the purpose of | 152 |
| providing family planning services shall be awarded to entities by | 153 |
| the respective local agencies according to the priority order | 154 |
| established in section 5101.101 of the Revised Code. | 155 |
| (D) The department of job and family services shall prepare a | 156 |
| biennial comprehensive Title XX social services plan on the | 157 |
| intended use of Title XX funds. The department shall develop a | 158 |
| method for obtaining public comment during the development of the | 159 |
| plan and following its completion. | 160 |
| For each state fiscal year, the department of job and family | 161 |
| services shall prepare a report on the actual use of Title XX | 162 |
| funds. The department shall make the annual report available for | 163 |
| public inspection. | 164 |
| The departments of mental health and developmental | 165 |
| disabilities shall prepare and submit to the department of job and | 166 |
| family services the portions of each biennial plan and annual | 167 |
| report that apply to services for mental health and mental | 168 |
| retardation and developmental disabilities. Each respective local | 169 |
| agency of the three state departments shall submit information as | 170 |
| necessary for the preparation of biennial plans and annual | 171 |
| reports. | 172 |
| (E) Each county department shall adopt a county profile for | 173 |
| the administration and provision of Title XX social services in | 174 |
| the county. In developing its county profile, the county | 175 |
| department shall take into consideration the comments and | 176 |
| recommendations received from the public by the county family | 177 |
| services planning committee pursuant to section 329.06 of the | 178 |
| Revised Code. As part of its preparation of the county profile, | 179 |
| the county department may prepare a local needs report analyzing | 180 |
| the need for Title XX social services. | 181 |
| The county department shall submit the county profile to the | 182 |
| board of county commissioners for its review. Once the county | 183 |
| profile has been approved by the board, the county department | 184 |
| shall file a copy of the county profile with the department of job | 185 |
| and family services. The department shall approve the county | 186 |
| profile if the department determines the profile provides for the | 187 |
| Title XX social services to meet the goals specified in division | 188 |
| (B) of this section. | 189 |
| (F) Any of the three state departments and their respective | 190 |
| local agencies may require that an entity under contract to | 191 |
| provide social services with Title XX funds submit to an audit on | 192 |
| the basis of alleged misuse or improper accounting of funds. If an | 193 |
| audit is required, the social services provider shall reimburse | 194 |
| the state department or local agency for the cost it incurred in | 195 |
| conducting the audit or having the audit conducted. | 196 |
| If an audit demonstrates that a social services provider is | 197 |
| responsible for one or more adverse findings, the provider shall | 198 |
| reimburse the appropriate state department or its respective local | 199 |
| agency the amount of the adverse findings. The amount shall not be | 200 |
| reimbursed with Title XX funds received under this section. The | 201 |
| three state departments and their respective local agencies may | 202 |
| terminate or refuse to enter into a Title XX contract with a | 203 |
| social services provider if there are adverse findings in an audit | 204 |
| that are the responsibility of the provider. | 205 |
| (G) The department of job and family services may adopt rules | 206 |
| to implement and carry out the purposes of this section. Rules | 207 |
| governing financial and operational matters of the department or | 208 |
| matters between the department and county departments of job and | 209 |
| family services shall be adopted as internal management rules in | 210 |
| accordance with section 111.15 of the Revised Code. Rules | 211 |
| governing eligibility for services, program participation, and | 212 |
| other matters pertaining to applicants and participants shall be | 213 |
| adopted in accordance with Chapter 119. of the Revised Code. | 214 |
| Sec. 5101.461. (A) As used in this section: | 215 |
| (1) "Title IV-A" means Title IV-A of the "Social Security | 216 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 217 |
| (2) "Title XX" has the same meaning as in section 5101.46 of | 218 |
| the Revised Code. | 219 |
| (B) To the extent authorized by federal law, the department | 220 |
| of job and family services may use funds received through the | 221 |
| Title IV-A temporary assistance for needy families block grant for | 222 |
| purposes of providing Title XX social services. The amount used | 223 |
| under this section shall not exceed the maximum amount permitted | 224 |
| by federal law. The funds and provision of Title XX social | 225 |
| services with the funds are not subject to section 5101.46 of the | 226 |
| Revised Code. | 227 |
| Funds that are distributed under this section for the purpose | 228 |
| of providing family planning services shall be awarded to entities | 229 |
| by a county department of job and family services according to the | 230 |
| priority order established in section 5101.101 of the Revised | 231 |
| Code. | 232 |
| (C) The department and any county department of job and | 233 |
| family services may require an entity under contract to provide | 234 |
| Title XX social services with funds used under this section to | 235 |
| submit to an audit on the basis of alleged misuse or improper | 236 |
| accounting of funds. If an audit is required, the social services | 237 |
| provider shall reimburse the state department or county department | 238 |
| for the cost it incurred in conducting the audit or having the | 239 |
| audit conducted. | 240 |
| If an audit demonstrates that a social services provider is | 241 |
| responsible for one or more adverse findings, the provider shall | 242 |
| reimburse the state department or county department the amount of | 243 |
| the adverse findings. The amount shall not be reimbursed with | 244 |
| funds received under this section. The state department and county | 245 |
| departments may terminate or refuse to enter into a contract with | 246 |
| a social services provider to provide services with funds | 247 |
| available pursuant to this section if there are adverse findings | 248 |
| in an audit that are the responsibility of the provider. | 249 |
| (D) The state department of job and family services may adopt | 250 |
| rules to implement and carry out the purposes of this section. | 251 |
| Rules governing financial and operational matters of the | 252 |
| department or matters between the department and county | 253 |
| departments of job and family services shall be adopted as | 254 |
| internal management rules in accordance with section 111.15 of the | 255 |
| Revised Code. Rules governing eligibility for services, program | 256 |
| participation, and other matters pertaining to applicants and | 257 |
| participants shall be adopted in accordance with Chapter 119. of | 258 |
| the Revised Code. | 259 |
| Section 2. That existing sections 3701.027, 5101.46, and | 260 |
| 5101.461 of the Revised Code are hereby repealed. | 261 |