As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 321


Senator Tavares 


A BILL
To amend section 5119.41 of the Revised Code to set 1
the countable resource limit for the Residential 2
State Supplement program at $2,000.3


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

       Section 1. That section 5119.41 of the Revised Code be 4
amended to read as follows:5

       Sec. 5119.41.  (A) As used in this section and section 6
5119.411 of the Revised Code:7

       (1) "Nursing facility" has the same meaning as in section 8
5165.01 of the Revised Code.9

       (2) "Residential state supplement administrative agency" 10
means the department of mental health and addiction services or, 11
if the department designates an entity under division (C) of this 12
section for a particular area, the designated entity.13

       (3) "Residential state supplement program" means the program 14
administered pursuant to this section.15

       (B) The department of mental health and addiction services 16
shall implement the residential state supplement program under 17
which the state supplements the supplemental security income 18
payments received by aged, blind, or disabled adults under Title 19
XVI of the "Social Security Act," 42 U.S.C. 1381 et seq. 20
Residential state supplement payments shall be used for the 21
provision of accommodations, supervision, and personal care 22
services to social security, supplemental security income, and 23
social security disability insurance recipients who the department 24
determines are at risk of needing institutional care.25

       (C) In implementing the program, the department may designate 26
one or more entities to be responsible for providing 27
administrative services regarding the program. The department may 28
designate an entity to be a residential state supplement 29
administrative agency under this division either by entering into 30
a contract with the entity to serve in that capacity or by 31
otherwise delegating to the entity the responsibility to serve in 32
that capacity.33

       (D) For an individual to be eligible for residential state 34
supplement payments, all of the following must be the case:35

       (1) Except as provided by division (H) of this section, the 36
individual must reside in one of the following:37

       (a) A residential care facility licensed by the department of 38
health under Chapter 3721. of the Revised Code or an assisted 39
living program as defined in section 5111.89 of the Revised Code;40

       (b) A residential facility as defined in division (A)(9)(b) 41
of section 5119.34 of the Revised Code licensed by the department 42
of mental health and addiction services;43

       (c) An apartment or room used to provide community mental 44
health housing services certified by the department of mental 45
health and addiction services under section 5119.36 of the Revised 46
Code and approved by a board of alcohol, drug addiction, and 47
mental health services under division (A)(14) of section 340.03 of 48
the Revised Code.49

       (2) A residential state supplement administrative agency must 50
have determined that the environment in which the individual will 51
be living while receiving the payments is appropriate for the 52
individual's needs. If the individual is eligible for social 53
security payments, supplemental security income payments, or 54
social security disability insurance benefits because of a mental 55
disability, the residential state supplement administrative agency 56
shall refer the individual to a community mental health services 57
provider for an assessment under division (A) of section 340.091 58
of the Revised Code. 59

       (3) The individual must have countable resources not 60
exceeding two thousand dollars.61

       (4) The individual satisfiesmust satisfy all eligibility 62
requirements established by rules adopted under division (E) of 63
this section.64

       (E) The director of mental health and addiction services and 65
medicaid director shall adopt rules in accordance with section 66
111.15 of the Revised Code as necessary to implement the 67
residential state supplement program.68

       To the extent permitted by Title XVI of the "Social Security 69
Act," and any other provision of federal law, the medicaid 70
director may adopt rules establishing standards for adjusting the 71
eligibility requirements concerning the level of impairment a 72
person must have so that the amount appropriated for the program 73
by the general assembly is adequate for the number of eligible 74
individuals. The rules shall not limit the eligibility of disabled 75
persons solely on a basis classifying disabilities as physical or 76
mental. The medicaid director also may adopt rules that establish 77
eligibility standards for aged, blind, or disabled individuals who 78
reside in one of the homes or facilities specified in division 79
(D)(1) of this section but who, because of their income, do not 80
receive supplemental security income payments. The rules may 81
provide that these individuals may include individuals who receive 82
other types of benefits, including, social security payments or 83
social security disability insurance benefits provided under Title 84
II of the "Social Security Act," 42 U.S.C. 401, et seq. 85
Notwithstanding division (B) of this section, such payments may be 86
made if funds are available for them.87

       The director of mental health and addiction services may 88
adopt rules establishing the method to be used to determine the 89
amount an eligible individual will receive under the program. The 90
amount the general assembly appropriates for the program may be a 91
factor included in the method that director establishes. 92

       (F) The county department of job and family services of the 93
county in which an applicant for the residential state supplement 94
program resides shall determine whether the applicant meets income 95
and resource requirements for the program.96

       (G) The department of mental health and addiction services 97
shall maintain a waiting list of any individuals eligible for 98
payments under this section but not receiving them because moneys 99
appropriated to the department for the purposes of this section 100
are insufficient to make payments to all eligible individuals. An 101
individual may apply to be placed on the waiting list even though 102
the individual does not reside in one of the homes or facilities 103
specified in division (D)(1) of this section at the time of 104
application. The director of mental health and addiction services, 105
by rules adopted in accordance with Chapter 119. of the Revised 106
Code, may specify procedures and requirements for placing an 107
individual on the waiting list and priorities for the order in 108
which individuals placed on the waiting list are to begin to 109
receive residential state supplement payments. The rules 110
specifying priorities may give priority to individuals placed on 111
the waiting list on or after July 1, 2006, who receive social 112
security payments, social security disability insurance, or 113
supplemental security income benefits under Title XVI of the 114
"Social Security Act," 42 U.S.C. 1381, et seq. The rules shall not 115
affect the place on the waiting list of any person who was on the 116
list on July 1, 2006. The rules specifying priorities may also set 117
additional priorities based on living arrangement, such as whether 118
an individual resides in a facility listed in division (D)(1) of 119
this section or has been admitted to a nursing facility.120

       (H) An individual in a licensed or certified living 121
arrangement receiving state supplementation on November 15, 1990, 122
under former section 5101.531 of the Revised Code shall not become 123
ineligible for payments under this section solely by reason of the 124
individual's living arrangement as long as the individual remains 125
in the living arrangement in which the individual resided on 126
November 15, 1990.127

       (I) The county department of job and family services from 128
which the person is receiving benefits shall notify each person 129
denied approval for payments under this section of the person's 130
right to a hearing. On request, the hearing shall be provided in 131
accordance with Chapter 119. of the Revised Code.132

       Section 2. That existing section 5119.41 of the Revised Code 133
is hereby repealed.134