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Sub. H. B. No. 298 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Roegner, Rosenberger
Cosponsors:
Representatives Martin, Maag, Derickson, Newbold, Beck, Adams, J., Conditt, Wachtmann, Buchy, Hayes, Young, Brenner, Butler, Grossman, Slaby, L., Blessing, Henne, Huffman, Boose, McClain, Hall, Bubp, Goodwin, Burke, Uecker, Dovilla, Thompson, Gardner, Blair
A BILL
To amend sections 3701.027, 5101.46, and 5101.461 and
to enact sections 3701.033 and 5101.101 of the
Revised Code to prioritize the distribution of
funds for family planning services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.027, 5101.46, and 5101.461 be
amended and sections 3701.033 and 5101.101 of the Revised Code be
enacted to read as follows:
Sec. 3701.027. The department of health shall administer
funds received from the "Maternal and Child Health Block Grant,"
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42
U.S.C.A. 701, as amended, for programs including the program for
medically handicapped children, and to provide technical
assistance and consultation to city and general health districts
and local health planning organizations in implementing local,
community-based, family-centered, coordinated systems of care for
medically handicapped children. The department may make grants to
persons and other entities for the provision of services with the
funds. In addition, the department may use the funds to purchase
liability insurance covering the provision of services under the
programs by physicians and other health care professionals, and to
pay health insurance premiums on behalf of medically handicapped
children participating in the program for medically handicapped
children when the department determines, in accordance with
criteria set forth in rules adopted under division (A)(9) of
section 3701.021 of the Revised Code, that payment of the premiums
is cost effective.
In determining eligibility for services provided with funds
received from the "Maternal and Child Health Block Grant," the
department may use the application form established under section
5111.013 of the Revised Code. The department may require
applicants to furnish their social security numbers.
Funds from the "Maternal and Child Health Block Grant" that
are administered for the purpose of providing family planning
services shall be awarded to entities in accordance with section
3701.033 of the Revised Code.
Sec. 3701.033. (A) All funds distributed by the department
of health for the purpose of providing family planning services,
including funds the department receives through the "Maternal and
Child Health Block Grant," Title V of the "Social Security Act,"
95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and through Title
X of the "Public Health Service Act," 84 Stat. 1504 (1970), 42
U.S.C. 300a, as amended, shall be awarded as follows:
(1) The department shall award funds with foremost priority
given to eligible public entities that are operated by state
entities or county or other local government entities and that
provide or are able to provide family planning services.
(2) To the extent funds are available after the department
determines that all eligible public entities have been fully
funded under division (A)(1) of this section, the department may
award funds to nonpublic entities in the following order of
descending priority:
(a) Nonpublic entities that are federally qualified health
centers or federally qualified health center look-alikes, as
defined in section 3701.047 of the Revised Code, or community
action agencies, as defined in section 122.66 of the Revised Code;
(b) Nonpublic entities that provide comprehensive primary and
preventive care services in addition to family planning services;
(c) Nonpublic entities that provide family planning services,
but do not provide comprehensive primary and preventive care
services.
(B) This section does not apply to grants awarded by the
department under section 3701.046 of the Revised Code.
Sec. 5101.101. (A) All funds distributed by the department
of job and family services for the purpose of providing family
planning services, including funds the department receives through
Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42
U.S.C. 1397, as amended, and funds received through Title IV-A of
the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601,
as amended, to be used for purposes of providing Title XX social
services, shall be awarded as follows:
(1) The department shall award funds with foremost priority
given to eligible public entities that are operated by state
entities or county or other local government entities and that
provide or are able to provide family planning services.
(2) To the extent funds are available after the department
determines that all eligible public entities have been fully
funded under division (A)(1) of this section, the department may
award funds to nonpublic entities in the following order of
descending priority:
(a) Nonpublic entities that are federally qualified health
centers or federally qualified health center look-alikes, as
defined in section 3701.047 of the Revised Code, or community
action agencies, as defined in section 122.66 of the Revised Code;
(b) Nonpublic entities that provide comprehensive primary and
preventive care services in addition to family planning services;
(c) Nonpublic entities that provide family planning services,
but do not provide comprehensive primary and preventive care
services.
(B) This section does not apply to the medicaid program.
Sec. 5101.46. (A) As used in this section:
(1) "Title XX" means Title XX of the "Social Security Act,"
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.
(2) "Respective local agency" means, with respect to the
department of job and family services, a county department of job
and family services; with respect to the department of mental
health, a board of alcohol, drug addiction, and mental health
services; and with respect to the department of developmental
disabilities, a county board of developmental disabilities.
(3) "Federal poverty guidelines" means the poverty guidelines
as revised annually by the United States department of health and
human services in accordance with section 673(2) of the "Omnibus
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.
9902, as amended, for a family size equal to the size of the
family of the person whose income is being determined.
(B) The departments of job and family services, mental
health, and developmental disabilities, with their respective
local agencies, shall administer the provision of social services
funded through grants made under Title XX. The social services
furnished with Title XX funds shall be directed at the following
goals:
(1) Achieving or maintaining economic self-support to
prevent, reduce, or eliminate dependency;
(2) Achieving or maintaining self-sufficiency, including
reduction or prevention of dependency;
(3) Preventing or remedying neglect, abuse, or exploitation
of children and adults unable to protect their own interests, or
preserving, rehabilitating, or reuniting families;
(4) Preventing or reducing inappropriate institutional care
by providing for community-based care, home-based care, or other
forms of less intensive care;
(5) Securing referral or admission for institutional care
when other forms of care are not appropriate, or providing
services to individuals in institutions.
(C)(1) All federal funds received under Title XX shall be
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of
job and family services;
(b) Twelve and ninety-three one-hundredths per cent to the
department of mental health;
(c) Fourteen and fifty-seven one-hundredths per cent to the
department of developmental disabilities.
(2) Each of the state departments shall, subject to the
approval of the controlling board, develop a formula for the
distribution of the Title XX funds appropriated to the department
to its respective local agencies. The formula developed by each
state department shall take into account all of the following for
each of its respective local agencies:
(a) The total population of the area that is served by the
respective local agency;
(b) The percentage of the population in the area served that
falls below the federal poverty guidelines;
(c) The respective local agency's history of and ability to
utilize Title XX funds.
(3) Each of the state departments shall expend for state
administrative costs not more than three per cent of the Title XX
funds appropriated to the department.
Each state department shall establish for each of its
respective local agencies the maximum percentage of the Title XX
funds distributed to the respective local agency that the
respective local agency may expend for local administrative costs.
The percentage shall be established by rule and shall comply with
federal law governing the use of Title XX funds. The rules shall
be adopted in accordance with section 111.15 of the Revised Code
as if they were internal management rules.
(4) The department of job and family services shall expend
for the training of the following not more than two per cent of
the Title XX funds appropriated to the department:
(a) Employees of county departments of job and family
services;
(b) Providers of services under contract with the state
departments' respective local agencies;
(c) Employees of a public children services agency directly
engaged in providing Title XX services.
(5) Title XX funds that are distributed for the purpose of
providing family planning services shall be awarded to entities by
the respective local agencies according to the priority order
established in section 5101.101 of the Revised Code.
(D) The department of job and family services shall prepare
an annual comprehensive Title XX social services plan on the
intended use of Title XX funds. The department shall develop a
method for obtaining public comment during the development of the
plan and following its completion.
For each federal fiscal year, the department of job and
family services shall prepare a report on the actual use of Title
XX funds. The department shall make the annual report available
for public inspection.
The departments of mental health and developmental
disabilities shall prepare and submit to the department of job and
family services the portions of each annual plan and report that
apply to services for mental health and mental retardation and
developmental disabilities. Each respective local agency of the
three state departments shall submit information as necessary for
the preparation of annual plans and reports.
(E) Each county department of job and family services shall
adopt a county profile for the administration and provision of
Title XX social services in the county. In developing its county
profile, the county department shall take into consideration the
comments and recommendations received from the public by the
county family services planning committee pursuant to section
329.06 of the Revised Code. As part of its preparation of the
county profile, the county department may prepare a local needs
report analyzing the need for Title XX social services.
The county department shall submit the county profile to the
board of county commissioners for its review. Once the county
profile has been approved by the board, the county department
shall file a copy of the county profile with the department of job
and family services. The department shall approve the county
profile if the department determines the profile provides for the
Title XX social services to meet the goals specified in division
(B) of this section.
(F) Any of the three state departments and their respective
local agencies may require that an entity under contract to
provide social services with Title XX funds submit to an audit on
the basis of alleged misuse or improper accounting of funds. If an
audit is required, the social services provider shall reimburse
the state department or respective local agency for the cost it
incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is
responsible for one or more adverse findings, the provider shall
reimburse the appropriate state department or its respective local
agency the amount of the adverse findings. The amount shall not be
reimbursed with Title XX funds received under this section. The
three state departments and their respective local agencies may
terminate or refuse to enter into a Title XX contract with a
social services provider if there are adverse findings in an audit
that are the responsibility of the provider.
(G) Except with respect to the matters for which each of the
state departments must adopt rules under division (C)(3) of this
section, the department of job and family services may adopt any
rules it considers necessary to implement and carry out the
purposes of this section. Rules governing financial and
operational matters of the department or matters between the
department and county departments of job and family services shall
be adopted as internal management rules in accordance with section
111.15 of the Revised Code. Rules governing eligibility for
services, program participation, and other matters pertaining to
applicants and participants shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 5101.461. (A) As used in this section:
(1) "Title IV-A" means Title IV-A of the "Social Security
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(2) "Title XX" has the same meaning as in section 5101.46 of
the Revised Code.
(B) To the extent authorized by federal law, the department
of job and family services may use funds received through the
Title IV-A temporary assistance for needy families block grant for
purposes of providing Title XX social services. The amount used
under this section shall not exceed the maximum amount permitted
by federal law. The funds and provision of Title XX social
services with the funds are not subject to section 5101.46 of the
Revised Code.
Funds that are distributed under this section for the purpose
of providing family planning services shall be awarded to entities
by a county department of job and family services according to the
priority order established in section 5101.101 of the Revised
Code.
(C) The department and any county department of job and
family services may require an entity under contract to provide
Title XX social services with funds used under this section to
submit to an audit on the basis of alleged misuse or improper
accounting of funds. If an audit is required, the social services
provider shall reimburse the state department or county department
for the cost it incurred in conducting the audit or having the
audit conducted.
If an audit demonstrates that a social services provider is
responsible for one or more adverse findings, the provider shall
reimburse the state department or county department the amount of
the adverse findings. The amount shall not be reimbursed with
funds received under this section. The state department and county
departments may terminate or refuse to enter into a contract with
a social services provider to provide services with funds
available pursuant to this section if there are adverse findings
in an audit that are the responsibility of the provider.
(D) The state department of job and family services may adopt
rules to implement and carry out the purposes of this section.
Rules governing financial and operational matters of the
department or matters between the department and county
departments of job and family services shall be adopted as
internal management rules in accordance with section 111.15 of the
Revised Code. Rules governing eligibility for services, program
participation, and other matters pertaining to applicants and
participants shall be adopted in accordance with Chapter 119. of
the Revised Code.
Section 2. That existing sections 3701.027, 5101.46, and
5101.461 of the Revised Code are hereby repealed.
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