ACT 275 (Update to Interview and Erroneous Payment Procedures- Timeframe Extended)
Action Change Transmittal Letter No. 275
June 3, 2020
TO: All Cash Assistance Manual Holders
FROM: Kimberly Hall, Director Ohio Department of Job and Family Services
SUBJECT: Update to Interview and Erroneous Payment Procedures- Timeframe Extended

Background:

On March 9, 2020 Governor Mike DeWine declared a state of emergency for the entire state of Ohio (Executive Order 2020-01D) to protect the well-being of the citizens of Ohio from COVID-19.  Additionally, on March 13, 2020, President Trump declared a national state of emergency due to the COVID-19 pandemic.

The Families First Coronavirus Response Act (Public Law 116-127) became law on March 18, 2020 and provided states the ability to seek waivers to expand flexibility of programs to ease administrative burden of issuing Supplemental Nutrition Assistance Program (SNAP) benefits while under a state of emergency.

As part of this effort, the Ohio Department of Job and Family Services (ODJFS) received various waiver approvals from the United States Department of Agriculture, Food and Nutrition Services (FNS). The waivers include: the option to waive the interview in specific circumstances; and delaying collection on newly established overpayments.  In order to align the SNAP and OWF programs, the new procedures for interviews and erroneous payments were implemented for OWF through Action Change Transmittal (ACT) No. 273 & 274. The SNAP waivers were due to expire on May 31, 2020; therefore, the OWF procedures in the ACTs were set to expire on this date as well.

Update:

FNS has approved ODJFS to extend the SNAP waivers through June 30, 2020. To maintain program alignment, the option to waive the interview in specific circumstances and delaying the sending of initial demand notices for newly established erroneous payment claims until after June 30, 2020. 

Interview

Through June 30, 2020, a county agency is not required to conduct an interview at application prior to approving OWF or RCA benefits, provided the following are met:

  • The applicant’s identity has been verified; 
  • All other verifications required to establish eligibility as outlined in rule 5101:1-2-20 of the Ohio Administrative Code (OAC) have been completed. (i.e. income, social security numbers, age, citizenship, living arrangement, etc.); and   
    • Verification shall be attempted through data matches, documents currently in the case record or provided with the application, and if unavailable, through client statement.
    • A county agency is required to contact the applicant if any information on the application is questionable or cannot be verified.
    • When a county agency is unable to contact the applicant, it shall schedule a telephone interview and send notice of the appointment to the applicant. The scheduled interview establishes a means of contact with the applicant to gather missing information not included in the application and to obtain client statement where electronic documentation is unavailable. If there is no contact with the applicant at the scheduled appointment time, and the applicant does not request to reschedule, the application shall be denied.
  • For all work eligible individuals, an appraisal is conducted and a self-sufficiency contract (SSC) or individual opportunity plan (IOP) must be completed and signed prior to authorization. As outlined in Action Change Transmittal (ACT) No. 271 (03/17/2020), the SSC or IOP may be completed and signed over the telephone.
    • As part of the appraisal process, the county agency must screen for domestic violence and refer any individual who responds affirmatively to a screening question to counseling and supportive services as outlined in rule 5101:1-3-20 of the OAC.

Additionally, if a county agency does have to complete an interview, it is not required to offer a face-to-face interview, even if an applicant requests this interview method.  If a face-to-face interview is requested, the county agency can schedule an interview to be conducted by telephone. 

OWF Erroneous Payment Processing

Ohio Administrative Code 5101:1-23-70 (F) states, in part, that the county agency shall take action to recover erroneous payments in accordance with rule and with provisions set forth in sections 5107.05 and 5107.76 of the Revised Code.

As a result of accepting the blanket waiver from FNS and to align OWF and SNAP policy, any erroneous payment claim established after the date this ACT is published shall not have an initial demand notice mailed to the individual until after June 30, 2020.