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H. B. No. 331 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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
amended and
sections
5101.87 and 5101.871 of the Revised Code be
enacted to
read as
follows:
Sec. 5101.54. (A) The director of
job and family services
shall administer the supplemental nutrition assistance
program in
accordance with the
Food and Nutrition Act of
2008 (7 U.S.C. 2011
et seq.).
The
department may:
(1) Prepare and submit to the secretary of the United
States
department of agriculture a plan for the administration of
the
supplemental nutrition assistance program;
(2) Prescribe forms for applications, certificates,
reports,
records, and accounts of county departments of job
and family
services, and
other matters;. The form for the application shall
comply with section 5101.87 of the Revised Code.
(3) Require such reports and information from each county
department of
job and family services as may be necessary and
advisable;
(4) Administer and expend any sums appropriated by the
general assembly for the purposes of the supplemental
nutrition
assistance program and all sums
paid to the state by the
United
States as authorized by the Food
and Nutrition Act of
2008;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with
investigations
conducted by the department of public safety,
including
providing information for investigative purposes,
exchanging property and
records, passing through federal financial
participation, modifying any
agreements with the United States
department of agriculture,
providing for the supply, security, and
accounting of
supplemental nutrition assistance program
benefits
for
investigative
purposes, and
meeting any other
requirements
necessary for the
detection and
deterrence of illegal
activities
in the
supplemental nutrition
assistance program;
(7) Adopt rules in accordance with
Chapter 119. of the
Revised Code governing employment and training requirements
of
recipients of supplemental nutrition assistance program
benefits,
including rules specifying
which recipients are
subject
to the
requirements and establishing
sanctions for
failure to
satisfy
the requirements. The rules
shall be
consistent with 7
U.S.C.
2015 and,
to the extent
practicable, may provide for
the
recipients to
participate in work activities,
developmental
activities, and
alternative work activities
established under
sections 5107.40 to
5107.69
of the Revised Code
that are
comparable to programs
authorized by 7
U.S.C.
2015(d)(4). The
rules may
reference
rules adopted under section
5107.05 of the
Revised Code governing
work activities,
developmental activities,
and alternative work
activities
established under sections 5107.40
to 5107.69 of the
Revised Code.
(8) Adopt rules in accordance with section 111.15 of the
Revised Code that are consistent with the
Food and Nutrition
Act
of 2008,
as amended, and
regulations adopted thereunder
governing
the
following:
(a) Eligibility requirements for the supplemental
nutrition
assistance program;
(b) Sanctions for failure to comply with eligibility
requirements;
(c) Allotment of
supplemental nutrition assistance
program
benefits;
(d) To the extent permitted under federal statutes and
regulations, a system under which some or all recipients of
supplemental nutrition assistance program benefits subject
to
employment and training requirements
established by rules
adopted
under division (A)(7) of
this section
receive
the benefits after
satisfying the
requirements;
(e) Administration of the program by county departments of
job and family services;
(f) Other requirements necessary for the efficient
administration of the program.
(9) Submit a plan to the United States
secretary of
agriculture for the department of job and family services
to
operate a simplified supplemental nutrition
assistance
program
pursuant to 7
U.S.C.
2035 under which
requirements
governing the
Ohio works first
program established
under Chapter
5107. of the
Revised
Code also
govern the
supplemental
nutrition assistance
program in the case of
households receiving
supplemental
nutrition assistance
program benefits and
participating in Ohio
works first.
(B)
A household that is entitled to receive supplemental
nutrition assistance program benefits and
that is determined to
be in
immediate need of
nutrition
assistance, shall receive
certification of
eligibility for program
benefits, pending
verification,
within twenty-four hours, or, if
mitigating
circumstances occur,
within seventy-two hours, after
application,
if:
(1) The results of the application interview indicate that
the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in
the
application has been obtained from at least one additional
source,
not a member of the applicant's household. Such
information shall
be recorded in the case file, and shall
include:
(a) The name of the person who provided the name of the
information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one
month from the date of certification of temporary eligibility.
If
eligibility is established by full verification, benefits
shall
continue without interruption as long as eligibility
continues.
At the time of application, the county department of job and
family services shall
provide to a household described in this
division a list of community
assistance programs that provide
emergency food.
(C) All applications shall be approved or denied through
full
verification within thirty days from receipt of the
application by
the county department of job and family
services.
(D) Nothing in this section shall be construed to prohibit
the certification of households that qualify under federal
regulations to receive supplemental nutrition
assistance program
benefits without charge under the
Food
and Nutrition Act of 2008.
(E) Any person who applies for
the supplemental nutrition
assistance program shall
receive a
voter registration application
under
section 3503.10 of
the
Revised Code.
Sec. 5101.87. (A) As used in this section and section
5111.871 of the Revised Code:
(1) "Children's health insurance program" means the
children's health insurance program parts I, II, and III provided
for by sections 5101.50 to 5101.529 of the Revised Code.
(2)
"Employer" means any individual,
sole proprietorship,
partnership, limited
liability company,
corporation, or any
other
entity that is doing
business in this
state. "Employer"
also
includes all entities or
persons that are
controlled by or
affiliated with any such
individual, sole
proprietorship,
partnership, limited liability
company,
corporation, or other
entity. Whether an entity or
person is
controlled by or
affiliated
with another shall be
determined by
applying the
principles set
forth on
January 1,
1993, in
subsections 414(b)
and
(c) of the
"Internal Revenue
Code
of
1986," 100 Stat. 2085,
26
U.S.C. 414,
except that a
voting
power
of fifty-one per cent
shall be applied
to the
determination
of
control or
affiliation.
(3) "Medicaid" means the medical assistance program provided
for under Title XIX of the "Social Security Act of 1935," 42
U.S.C. 1396 et seq.
(4) "Ohio works first" means the program provided for by
Chapter 5107. of the Revised Code.
(5) "Supplemental nutrition assistance program" means the
program provided for by the "Food and Nutrition Act of 2008,"
U.S.C. 2011 et seq.
(B) Application forms for the children's health insurance
program, medicaid, Ohio works first, and supplemental nutrition
assistance program shall provide
for the applicant
to specify
the name and address of each of the
applicant's
employers and
the
name and address of each employer
of each individual whose
income
is to be counted in determining
the applicant's
eligibility for the children's health insurance program, medicaid,
Ohio works first, or supplemental nutrition assistance program.
Sec. 5101.871. (A) The director of job and family services
shall quarterly complete a
report that specifies all of the
following:
(1) The name and address of each employer that employed
fifty or more employees who were either of the following while
employed by the employer in this state during the previous
three-month period:
(a) Recipients of the children's health insurance program,
medicaid, Ohio works first, or supplemental nutrition assistance
program;
(b) Individuals whose incomes were counted in determining
eligibility for the children's health insurance program, medicaid,
Ohio works first, or supplemental nutrition assistance program.
(2) The number of individuals required to be specified under
division
(A)(1) of this section employed in the previous
three-month period by each employer specified in the report;
(3) The total cost to the state for the previous three-month
period of providing benefits under the children's health insurance
program, medicaid, Ohio works first, or supplemental nutrition
assistance program to employees of each
of the employers
specified in
the report, specified separately
for each employer.
(B) The quarterly reports are a public record under section
149.43 of the
Revised Code. The reports shall not include any
identifying information
about any employee specified under
division (A)(1) of this
section.
(C) The director of job and family services shall provide a
copy of the quarterly reports to all of the following:
(1) Each
member of the general assembly;
(2) The director of development;
(3) The director of budget and management or, if the director
designates an employee of the office of budget and management to
serve on the controlling board in the director's place, the
designated employee;
(4) Each member of the tax credit authority.
The director of development, members of the controlling
board, and members of the tax credit authority shall consider the
information included in the report when determining whether to
grant an employer a contract, award, subsidy, or incentive or to
approve such a contract, award, subsidy, or incentive. The
director of development, controlling board, and tax credit
authority shall notify the director of job and family services of
the impact the report has on decisions regarding contracts,
awards, subsidies, and incentives.
(D) Not later than one year after the effective date of this
section, the director of job and family services shall make the
quarterly reports available on a searchable internet web site. The
internet web site shall include information provided to the
director by the director of development, controlling board, and
tax credit authority regarding the impact the report has on
decisions regarding contracts, awards, subsidies, and incentives.
Sec. 5107.12. An assistance group seeking to participate in
the Ohio works
first
program shall apply to a county department of
job and
family services using an
application containing
information the director of job and family services
requires
pursuant to rules adopted under section
5107.05 of the Revised
Code and any additional information the county
department
requires. The application shall comply with section 5101.87 of the
Revised Code. If cash assistance under the program
is to be paid
by
the director of budget and management through the medium of
direct
deposit as provided by section 329.03 of the Revised Code,
the
application
shall be
accompanied by
information the director
needs
to make direct
deposits.
When a county department receives an application
for
participation in Ohio
works first, it shall promptly make an
investigation
and record of the circumstances of the applicant in
order to
ascertain the facts surrounding the application and to
obtain
such other information as may be required. Upon the
completion
of the investigation, the county
department shall
determine as soon as possible
whether the applicant is eligible to
participate, the
amount of cash assistance the
applicant should
receive, and the approximate date when
participation shall
begin.
The county department shall not delay making the determination of
whether the applicant is eligible to participate on the basis that
the individuals required by section 5107.14 of the Revised Code to
enter into a written self-sufficiency contract with the county
department have not yet done that. The amount of cash assistance
so determined shall be certified
to the department of job and
family services in such form
as the
department shall
prescribe.
Warrants, direct deposits, or debit cards shall be
delivered or
made payable in the
manner
the department may prescribe.
To the extent required by rules
adopted under section 5107.05
of the Revised Code, a participant of Ohio works
first shall
notify the county
department immediately upon the
receipt or
possession of additional income not
previously reported
to the
county department. Any failure to so notify a county
department
shall
be regarded as prima-facie evidence of an intent to defraud.
Sec. 5111.013. (A) The provision of medical assistance to
pregnant women and young children who are eligible for medical
assistance under division (A)(3) of section 5111.01 of the
Revised
Code, but who are not otherwise eligible for medical
assistance
under that section, shall be known as the healthy
start program.
(B) The department of job and family services shall do all of
the
following with regard to the application procedures for the
healthy start program:
(1) Establish a short application form for the program that
requires the
applicant to provide no more
information than is
necessary for making determinations of
eligibility for the healthy
start
program, except that the form may require applicants to
provide
their social security numbers and shall comply with
section 5101.87 of the Revised Code. The form shall include a
statement, which must be signed by the applicant, indicating that
she does not choose at the time of making application for the
program to apply for assistance provided under any other program
administered by the department and that she understands that she
is permitted at any other time to apply at the county department
of
job and family services of the county in which she resides
for
any
other assistance administered by the department.
(2) To the extent permitted by federal law, do one or both
of
the following:
(a) Distribute the application form for the program to
each
public or private entity that serves as a women, infants,
and
children clinic or as a child and family health clinic and to
each
administrative body for such clinics and train employees of
each
such agency or entity to provide applicants assistance in
completing the form;
(b) In cooperation with the department of health, develop
arrangements under which employees of county departments of
job
and family services
are stationed at public or private agencies or
entities
selected by the department of job and family services
that
serve as women,
infants, and children clinics; child and
family health clinics;
or administrative bodies for such clinics
for the purpose both of
assisting applicants for the program in
completing the
application form and of making determinations at
that location of
eligibility for the program.
(3) Establish performance standards by which a county
department of
job and family services' level of enrollment of
persons
potentially eligible for the program
can be measured, and
establish acceptable levels of enrollment for each county
department.
(4) Direct any county department of job and family
services
whose
rate of enrollment of potentially eligible enrollees in
the
program is below acceptable levels established under division
(B)(3) of this section to implement corrective action. Corrective
action may
include but is not limited to any one or more of the
following to
the extent permitted by federal law:
(a) Establishing formal referral and outreach methods with
local health departments and local entities receiving funding
through the bureau of maternal and child health;
(b) Designating a specialized intake unit within the
county
department
for healthy start applicants;
(c) Establishing abbreviated timeliness requirements to
shorten the time between receipt of an application and the
scheduling of an initial application interview;
(d) Establishing a system for telephone scheduling of
intake
interviews for applicants;
(e) Establishing procedures to minimize the time an
applicant
must spend in completing the application and
eligibility
determination process, including permitting
applicants to complete
the process at times other than the
regular business hours of the
county department
and at locations other than the offices of the
county
department.
(C) To the extent permitted by federal law, local funds,
whether from public or private sources, expended by a county
department
for administration of the healthy start program shall
be considered to
have
been
expended by the state for the purpose
of determining the extent
to which the state has complied with any
federal requirement that
the state provide funds to match federal
funds for medical
assistance, except that this division shall not
affect the amount
of funds the county is entitled to
receive under
section 5101.16, 5101.161, or
5111.012 of the Revised
Code.
(D) The director of job and family services shall do one or
both of
the following:
(1) To the extent that federal funds are provided for such
assistance, adopt a plan for granting presumptive eligibility for
pregnant women applying for healthy start;
(2) To the extent permitted by federal medicaid
regulations,
adopt a plan for making same-day determinations of
eligibility for
pregnant women applying for healthy start.
(E) A county department of job and family services
that
maintains offices at more
than one location shall accept
applications for the healthy start program
at all of those
locations.
(F) The director of job and family services shall adopt
rules
in
accordance with section 111.15 of the Revised Code as necessary
to implement this section.
Section 2. That existing sections 5101.54, 5107.12, and
5111.013 of
the Revised
Code are hereby repealed.
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