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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 are operated by state | 44 |
entities or county or other local government entities and that | 45 |
provide or are able to provide family planning services. | 46 |
(2) To the extent funds are available after the department | 47 |
determines that all eligible public entities have been fully | 48 |
funded under division (A)(1) of this section, the department may | 49 |
award funds to nonpublic entities in the following order of | 50 |
descending priority: | 51 |
(a) Nonpublic entities that are federally qualified health | 52 |
centers or federally qualified health center look-alikes, as | 53 |
defined in section 3701.047 of the Revised Code, or community | 54 |
action agencies, as defined in section 122.66 of the Revised Code; | 55 |
(b) Nonpublic entities that provide comprehensive primary and | 56 |
preventive care services in addition to family planning services; | 57 |
(c) Nonpublic entities that provide family planning services, | 58 |
but do not provide comprehensive primary and preventive care | 59 |
services. | 60 |
(B) This section does not apply to grants awarded by the | 61 |
department under section 3701.046 of the Revised Code. | 62 |
Sec. 5101.101. (A) All funds distributed by the department | 63 |
of job and family services for the purpose of providing family | 64 |
planning services, including funds the department receives through | 65 |
Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 | 66 |
U.S.C. 1397, as amended, and funds received through Title IV-A of | 67 |
the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, | 68 |
as amended, to be used for purposes of providing Title XX social | 69 |
services, shall be awarded as follows: | 70 |
(1) The department shall award funds with foremost priority | 71 |
given to eligible public entities that are operated by state | 72 |
entities or county or other local government entities and that | 73 |
provide or are able to provide family planning services. | 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) Nonpublic entities that are federally qualified health | 80 |
centers or federally qualified health center look-alikes, as | 81 |
defined in section 3701.047 of the Revised Code, or community | 82 |
action agencies, as defined in section 122.66 of the Revised Code; | 83 |
(b) Nonpublic entities that provide comprehensive primary and | 84 |
preventive care services in addition to family planning services; | 85 |
(c) Nonpublic entities that provide family planning services, | 86 |
but do not provide comprehensive primary and preventive care | 87 |
services. | 88 |
(B) This section does not apply to the medicaid program. | 89 |
Sec. 5101.46. (A) As used in this section: | 90 |
(1) "Title XX" means Title XX of the "Social Security Act," | 91 |
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 92 |
(2) "Respective local agency" means, with respect to the | 93 |
department of job and family services, a county department of job | 94 |
and family services; with respect to the department of mental | 95 |
health, a board of alcohol, drug addiction, and mental health | 96 |
services; and with respect to the department of developmental | 97 |
disabilities, a county board of developmental disabilities. | 98 |
(3) "Federal poverty guidelines" means the poverty guidelines | 99 |
as revised annually by the United States department of health and | 100 |
human services in accordance with section 673(2) of the "Omnibus | 101 |
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 102 |
9902, as amended, for a family size equal to the size of the | 103 |
family of the person whose income is being determined. | 104 |
(B) The departments of job and family services, mental | 105 |
health, and developmental disabilities, with their respective | 106 |
local agencies, shall administer the provision of social services | 107 |
funded through grants made under Title XX. The social services | 108 |
furnished with Title XX funds shall be directed at the following | 109 |
goals: | 110 |
(1) Achieving or maintaining economic self-support to | 111 |
prevent, reduce, or eliminate dependency; | 112 |
(2) Achieving or maintaining self-sufficiency, including | 113 |
reduction or prevention of dependency; | 114 |
(3) Preventing or remedying neglect, abuse, or exploitation | 115 |
of children and adults unable to protect their own interests, or | 116 |
preserving, rehabilitating, or reuniting families; | 117 |
(4) Preventing or reducing inappropriate institutional care | 118 |
by providing for community-based care, home-based care, or other | 119 |
forms of less intensive care; | 120 |
(5) Securing referral or admission for institutional care | 121 |
when other forms of care are not appropriate, or providing | 122 |
services to individuals in institutions. | 123 |
(C)(1) All federal funds received under Title XX shall be | 124 |
appropriated as follows: | 125 |
(a) Seventy-two and one-half per cent to the department of | 126 |
job and family services; | 127 |
(b) Twelve and ninety-three one-hundredths per cent to the | 128 |
department of mental health; | 129 |
(c) Fourteen and fifty-seven one-hundredths per cent to the | 130 |
department of developmental disabilities. | 131 |
(2) Each of the state departments shall, subject to the | 132 |
approval of the controlling board, develop a formula for the | 133 |
distribution of the Title XX funds appropriated to the department | 134 |
to its respective local agencies. The formula developed by each | 135 |
state department shall take into account all of the following for | 136 |
each of its respective local agencies: | 137 |
(a) The total population of the area that is served by the | 138 |
respective local agency; | 139 |
(b) The percentage of the population in the area served that | 140 |
falls below the federal poverty guidelines; | 141 |
(c) The respective local agency's history of and ability to | 142 |
utilize Title XX funds. | 143 |
(3) Each of the state departments shall expend for state | 144 |
administrative costs not more than three per cent of the Title XX | 145 |
funds appropriated to the department. | 146 |
Each state department shall establish for each of its | 147 |
respective local agencies the maximum percentage of the Title XX | 148 |
funds distributed to the respective local agency that the | 149 |
respective local agency may expend for local administrative costs. | 150 |
The percentage shall be established by rule and shall comply with | 151 |
federal law governing the use of Title XX funds. The rules shall | 152 |
be adopted in accordance with section 111.15 of the Revised Code | 153 |
as if they were internal management rules. | 154 |
(4) The department of job and family services shall expend | 155 |
for the training of the following not more than two per cent of | 156 |
the Title XX funds appropriated to the department: | 157 |
(a) Employees of county departments of job and family | 158 |
services; | 159 |
(b) Providers of services under contract with the state | 160 |
departments' respective local agencies; | 161 |
(c) Employees of a public children services agency directly | 162 |
engaged in providing Title XX services. | 163 |
(5) Title XX funds that are distributed for the purpose of | 164 |
providing family planning services shall be awarded to entities by | 165 |
the respective local agencies according to the priority order | 166 |
established in section 5101.101 of the Revised Code. | 167 |
(D) The department of job and family services shall prepare | 168 |
an annual comprehensive Title XX social services plan on the | 169 |
intended use of Title XX funds. The department shall develop a | 170 |
method for obtaining public comment during the development of the | 171 |
plan and following its completion. | 172 |
For each federal fiscal year, the department of job and | 173 |
family services shall prepare a report on the actual use of Title | 174 |
XX funds. The department shall make the annual report available | 175 |
for public inspection. | 176 |
The departments of mental health and developmental | 177 |
disabilities shall prepare and submit to the department of job and | 178 |
family services the portions of each annual plan and report that | 179 |
apply to services for mental health and mental retardation and | 180 |
developmental disabilities. Each respective local agency of the | 181 |
three state departments shall submit information as necessary for | 182 |
the preparation of annual plans and reports. | 183 |
(E) Each county department of job and family services shall | 184 |
adopt a county profile for the administration and provision of | 185 |
Title XX social services in the county. In developing its county | 186 |
profile, the county department shall take into consideration the | 187 |
comments and recommendations received from the public by the | 188 |
county family services planning committee pursuant to section | 189 |
329.06 of the Revised Code. As part of its preparation of the | 190 |
county profile, the county department may prepare a local needs | 191 |
report analyzing the need for Title XX social services. | 192 |
The county department shall submit the county profile to the | 193 |
board of county commissioners for its review. Once the county | 194 |
profile has been approved by the board, the county department | 195 |
shall file a copy of the county profile with the department of job | 196 |
and family services. The department shall approve the county | 197 |
profile if the department determines the profile provides for the | 198 |
Title XX social services to meet the goals specified in division | 199 |
(B) of this section. | 200 |
(F) Any of the three state departments and their respective | 201 |
local agencies may require that an entity under contract to | 202 |
provide social services with Title XX funds submit to an audit on | 203 |
the basis of alleged misuse or improper accounting of funds. If an | 204 |
audit is required, the social services provider shall reimburse | 205 |
the state department or respective local agency for the cost it | 206 |
incurred in conducting the audit or having the audit conducted. | 207 |
If an audit demonstrates that a social services provider is | 208 |
responsible for one or more adverse findings, the provider shall | 209 |
reimburse the appropriate state department or its respective local | 210 |
agency the amount of the adverse findings. The amount shall not be | 211 |
reimbursed with Title XX funds received under this section. The | 212 |
three state departments and their respective local agencies may | 213 |
terminate or refuse to enter into a Title XX contract with a | 214 |
social services provider if there are adverse findings in an audit | 215 |
that are the responsibility of the provider. | 216 |
(G) Except with respect to the matters for which each of the | 217 |
state departments must adopt rules under division (C)(3) of this | 218 |
section, the department of job and family services may adopt any | 219 |
rules it considers necessary to implement and carry out the | 220 |
purposes of this section. Rules governing financial and | 221 |
operational matters of the department or matters between the | 222 |
department and county departments of job and family services shall | 223 |
be adopted as internal management rules in accordance with section | 224 |
111.15 of the Revised Code. Rules governing eligibility for | 225 |
services, program participation, and other matters pertaining to | 226 |
applicants and participants shall be adopted in accordance with | 227 |
Chapter 119. of the Revised Code. | 228 |
Sec. 5101.461. (A) As used in this section: | 229 |
(1) "Title IV-A" means Title IV-A of the "Social Security | 230 |
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 231 |
(2) "Title XX" has the same meaning as in section 5101.46 of | 232 |
the Revised Code. | 233 |
(B) To the extent authorized by federal law, the department | 234 |
of job and family services may use funds received through the | 235 |
Title IV-A temporary assistance for needy families block grant for | 236 |
purposes of providing Title XX social services. The amount used | 237 |
under this section shall not exceed the maximum amount permitted | 238 |
by federal law. The funds and provision of Title XX social | 239 |
services with the funds are not subject to section 5101.46 of the | 240 |
Revised Code. | 241 |
Funds that are distributed under this section for the purpose | 242 |
of providing family planning services shall be awarded to entities | 243 |
by a county department of job and family services according to the | 244 |
priority order established in section 5101.101 of the Revised | 245 |
Code. | 246 |
(C) The department and any county department of job and | 247 |
family services may require an entity under contract to provide | 248 |
Title XX social services with funds used under this section to | 249 |
submit to an audit on the basis of alleged misuse or improper | 250 |
accounting of funds. If an audit is required, the social services | 251 |
provider shall reimburse the state department or county department | 252 |
for the cost it incurred in conducting the audit or having the | 253 |
audit conducted. | 254 |
If an audit demonstrates that a social services provider is | 255 |
responsible for one or more adverse findings, the provider shall | 256 |
reimburse the state department or county department the amount of | 257 |
the adverse findings. The amount shall not be reimbursed with | 258 |
funds received under this section. The state department and county | 259 |
departments may terminate or refuse to enter into a contract with | 260 |
a social services provider to provide services with funds | 261 |
available pursuant to this section if there are adverse findings | 262 |
in an audit that are the responsibility of the provider. | 263 |
(D) The state department of job and family services may adopt | 264 |
rules to implement and carry out the purposes of this section. | 265 |
Rules governing financial and operational matters of the | 266 |
department or matters between the department and county | 267 |
departments of job and family services shall be adopted as | 268 |
internal management rules in accordance with section 111.15 of the | 269 |
Revised Code. Rules governing eligibility for services, program | 270 |
participation, and other matters pertaining to applicants and | 271 |
participants shall be adopted in accordance with Chapter 119. of | 272 |
the Revised Code. | 273 |
Section 2. That existing sections 3701.027, 5101.46, and | 274 |
5101.461 of the Revised Code are hereby repealed. | 275 |