ACT 276 (Update to Face-to-Face Interview and Erroneous Payment Procedures- Timeframe Extended)
Action Change Transmittal Letter No. 276
July 9, 2020
TO: All Cash Assistance Manual Holders
FROM: Kimberly Hall, Director Ohio Department of Job and Family Services
SUBJECT: Update to Face-to-Face 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 not requiring a face-to face interview when requested; 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 but were extended through June 30, 2020; therefore, the OWF procedures in the ACTs were set to expire on June 30, 2020.

Update:

FNS has approved ODJFS to extend the SNAP waivers to not require a face-to-face interview when requested and to delay sending initial demand notices on claims through July 31, 2020. To maintain program alignment, ODJFS will not require a face-to-face interview for OWF and will delay the sending of initial demand notices for newly established erroneous payment claims until after July 31, 2020. The option to waive the interview was not approved for an extension. Therefore, all assistance groups applying or recertifying for benefits on or after July 1, 2020 must complete an interview. The county agency does not have to provide a face-to-face interview, even when requested by the client.

Face-to-Face Interview

Through July 31, 2020, a county agency 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 July 31, 2020.