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S. B. No. 321 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 5119.41 of the Revised Code to set
the countable resource limit for the Residential
State Supplement program at $2,000.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5119.41 of the Revised Code be
amended to read as follows:
Sec. 5119.41. (A) As used in this section and section
5119.411 of the Revised Code:
(1) "Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.
(2) "Residential state supplement administrative agency"
means the department of mental health and addiction services or,
if the department designates an entity under division (C) of this
section for a particular area, the designated entity.
(3) "Residential state supplement program" means the program
administered pursuant to this section.
(B) The department of mental health and addiction services
shall implement the residential state supplement program under
which the state supplements the supplemental security income
payments received by aged, blind, or disabled adults under Title
XVI of the "Social Security Act," 42 U.S.C. 1381 et seq.
Residential state supplement payments shall be used for the
provision of accommodations, supervision, and personal care
services to social security, supplemental security income, and
social security disability insurance recipients who the department
determines are at risk of needing institutional care.
(C) In implementing the program, the department may designate
one or more entities to be responsible for providing
administrative services regarding the program. The department may
designate an entity to be a residential state supplement
administrative agency under this division either by entering into
a contract with the entity to serve in that capacity or by
otherwise delegating to the entity the responsibility to serve in
that capacity.
(D) For an individual to be eligible for residential state
supplement payments, all of the following must be the case:
(1) Except as provided by division (H) of this section, the
individual must reside in one of the following:
(a) A residential care facility licensed by the department of
health under Chapter 3721. of the Revised Code or an assisted
living program as defined in section 5111.89 of the Revised Code;
(b) A residential facility as defined in division (A)(9)(b)
of section 5119.34 of the Revised Code licensed by the department
of mental health and addiction services;
(c) An apartment or room used to provide community mental
health housing services certified by the department of mental
health and addiction services under section 5119.36 of the Revised
Code and approved by a board of alcohol, drug addiction, and
mental health services under division (A)(14) of section 340.03 of
the Revised Code.
(2) A residential state supplement administrative agency must
have determined that the environment in which the individual will
be living while receiving the payments is appropriate for the
individual's needs. If the individual is eligible for social
security payments, supplemental security income payments, or
social security disability insurance benefits because of a mental
disability, the residential state supplement administrative agency
shall refer the individual to a community mental health services
provider for an assessment under division (A) of section 340.091
of the Revised Code.
(3) The individual must have countable resources not
exceeding two thousand dollars.
(4) The individual satisfies must satisfy all eligibility
requirements established by rules adopted under division (E) of
this section.
(E) The director of mental health and addiction services and
medicaid director shall adopt rules in accordance with section
111.15 of the Revised Code as necessary to implement the
residential state supplement program.
To the extent permitted by Title XVI of the "Social Security
Act," and any other provision of federal law, the medicaid
director may adopt rules establishing standards for adjusting the
eligibility requirements concerning the level of impairment a
person must have so that the amount appropriated for the program
by the general assembly is adequate for the number of eligible
individuals. The rules shall not limit the eligibility of disabled
persons solely on a basis classifying disabilities as physical or
mental. The medicaid director also may adopt rules that establish
eligibility standards for aged, blind, or disabled individuals who
reside in one of the homes or facilities specified in division
(D)(1) of this section but who, because of their income, do not
receive supplemental security income payments. The rules may
provide that these individuals may include individuals who receive
other types of benefits, including, social security payments or
social security disability insurance benefits provided under Title
II of the "Social Security Act," 42 U.S.C. 401, et seq.
Notwithstanding division (B) of this section, such payments may be
made if funds are available for them.
The director of mental health and addiction services may
adopt rules establishing the method to be used to determine the
amount an eligible individual will receive under the program. The
amount the general assembly appropriates for the program may be a
factor included in the method that director establishes.
(F) The county department of job and family services of the
county in which an applicant for the residential state supplement
program resides shall determine whether the applicant meets income
and resource requirements for the program.
(G) The department of mental health and addiction services
shall maintain a waiting list of any individuals eligible for
payments under this section but not receiving them because moneys
appropriated to the department for the purposes of this section
are insufficient to make payments to all eligible individuals. An
individual may apply to be placed on the waiting list even though
the individual does not reside in one of the homes or facilities
specified in division (D)(1) of this section at the time of
application. The director of mental health and addiction services,
by rules adopted in accordance with Chapter 119. of the Revised
Code, may specify procedures and requirements for placing an
individual on the waiting list and priorities for the order in
which individuals placed on the waiting list are to begin to
receive residential state supplement payments. The rules
specifying priorities may give priority to individuals placed on
the waiting list on or after July 1, 2006, who receive social
security payments, social security disability insurance, or
supplemental security income benefits under Title XVI of the
"Social Security Act," 42 U.S.C. 1381, et seq. The rules shall not
affect the place on the waiting list of any person who was on the
list on July 1, 2006. The rules specifying priorities may also set
additional priorities based on living arrangement, such as whether
an individual resides in a facility listed in division (D)(1) of
this section or has been admitted to a nursing facility.
(H) An individual in a licensed or certified living
arrangement receiving state supplementation on November 15, 1990,
under former section 5101.531 of the Revised Code shall not become
ineligible for payments under this section solely by reason of the
individual's living arrangement as long as the individual remains
in the living arrangement in which the individual resided on
November 15, 1990.
(I) The county department of job and family services from
which the person is receiving benefits shall notify each person
denied approval for payments under this section of the person's
right to a hearing. On request, the hearing shall be provided in
accordance with Chapter 119. of the Revised Code.
Section 2. That existing section 5119.41 of the Revised Code
is hereby repealed.
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