Effective August 1, 2016, the Ohio Department of Medicaid, Disability Determination Area (DDA) no longer makes disability determinations that can be utilized to determine eligibility for the Disability Financial Assistance (DFA) program. The Office of Family Assistance (OFA) proposed changes to the disability determination process that will ensure the continuation of the DFA program through a more streamlined disability determination process for applicants, recipients and county agencies. The changes and new forms are described below.

The rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The rules will become effective on 10/01/2016.

Chapter 1000

5101:1-2-01 "The Application Process for Ohio Works First, Disability Financial Assistance, and Refugee Cash Assistance."

This rule describes the application process for Ohio Works First (OWF), Disability Financial Assistance (DFA) and Refugee Cash Assistance (RCA) programs. The Office of Family Assistance (OFA) amended this rule to include:

• Moved the existing requirement to provide a Basic Medical and/or Mental Functional Capacity Assessment form to this rule so the forms are provided at the time of the interview;
• Revised the timeframes for determining DFA eligibility based on the new disability determination process described in proposed rule 5101:1-5-20;
• Removed references to the Ohio Department of Medicaid, Disability Determination Area (DDA); and
• Other non-substantive changes to language and organization for clarity.

5101:1-2-10 "The Reapplication Requirement."

This rule describes the reapplication process for the OWF, DFA and RCA programs. OFA amended this rule to include:

• A non-substantive technical correction was made to paragraph (C);
• Added a requirement for the county agency to request a current medical statement when an individual requests DFA at reapplication;
• Clarified that if a DFA recipient does not meet nonfinancial or financial eligibility criteria at the time of reapplication, DFA must terminate even when a continuing disability review is pending;
• The term "CRIS-E" was replaced with "statewide automated eligibility system";
• The reference to signing a printed "copy of information" was removed as that requirement no longer exists; and
• Other non-substantive changes to language and organization for clarity.

5101:1-2-20 "Ohio Works First, Disability Financial Assistance, and Refugee Cash Assistance: Verification and Reporting Requirements."

This rule describes the verification and reporting requirements for the OWF, DFA and RCA programs. OFA amended this rule to include:

• Clarified that approving benefits with postponed verifications for homeless and migrant assistance groups only applies to OWF and RCA benefits;
• Clarified that a DFA assistance group must report changes in application status with the Social Security Administration (SSA); and
• Other non-substantive changes to language for clarity.

Chapter 3000

5101:1-5-01 "The Disability Financial Assistance Program: Definitions and Payment Standards."

This rule describes the definitions and payment standards for the DFA program. OFA amended this rule to include:

• Modified the requirement for when a county agency is required to explore eligibility for DFA;
• Removed references to the Disability Determination Area (DDA); and
• Other non-substantive changes to language for clarity.

5101:1-5-10 "Disability Financial Assistance: Nonfinancial Eligibility Requirements."

This rule describes the nonfinancial eligibility requirements for the DFA program. OFA amended this rule to include:

• Added a requirement that a DFA applicant must be in receipt of (or have applied for) Medicaid within 30 days of the date of the DFA application;
• Added a requirement that within 30 days of the date of applying for DFA, a DFA applicant must provide evidence that an application for Supplemental Security Disability Income (SSDI) or Supplemental Security Income (SSI) is under administrative review by the SSA;
• Prohibits an individual from being eligible to receive DFA within 180 days of having been denied, suspended or terminated from receiving SSDI or SSI. For purposes of determining DFA eligibility, an application with SSA has been denied when all administrative appeals have been exhausted or abandoned by the applicant; and
• Other non-substantive changes to language and organization for clarity.

5101:1-5-20 "Disability Financial Assistance: the Determination of a Disability."

OFA rescinded and replaced the existing rule with a new rule as more than 50% of the original language has been stricken. This rule describes the disability determination process for the DFA program. The changes include:

• Clarified that individuals who applied prior to the effective date of the rule will have their disability determined in accordance with the most recently effective version of the rule;
• Changed the disability determination process to be based solely on a current medical statement from the applicant or recipient's physician and defined what constitutes a current medical statement;
• Established how long a disability determination will remain in effect;
• Established a procedure for conducting a continuing disability review for individuals determined disabled under the proposed and prior rules; and
• Established county agency responsibilities in the disability determination process.

5101:1-5-40 "Disability Financial Assistance: Income."

This rule describes the income requirements for the DFA program. OFA reviewed this rule to comply with section 106.03 of the Revised Code, which requires each state agency to review each of its rules in the Administrative Code a minimum of once every five years. The intent of the review is to ensure that Administrative Code rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. OFA amended this rule for non-substantive changes to language and organization for clarity and the rule has been put into question-and-answer format. No substantive changes were made.

5101:1-5-60 "Supplemental Security Income Case Management Program."

This rule describes the supplemental security income case management program for the DFA program. OFA amended this rule to include:

• References to the Office of Medical Assistance (OMA); Disability Determination Unit (DDU) and Medicaid eligibility were stricken;
• Removed the requirement for the county agency to refer individuals that have received a notice of termination of SSI benefits for lack of disability to the SSI case management program; and
• Removed the requirement for obtaining an interim assistance agreement as a function of SSI case management as it is now a condition of eligibility; and
• Other non-substantive changes to language for clarity.

5101:1-5-70 "Disability Financial Assistance (DFA): Interim Assistance."

This rule describes interim assistance for the DFA program. OFA amended this rule for non-substantive changes to language and organization for clarity. No substantive changes were made.

Forms

JFS 07302"Basic Medical"

This is a new form completed by a licensed physician to indicate that an individual applying for or in receipt of DFA is unable to do any substantial or gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for not less than nine months.

JFS 07308"Mental Functional Capacity Assessment"

This is a new form completed by a licensed physician, psychiatrist or licensed psychologist to indicate that an individual applying for or in receipt of DFA is unable to do any substantial or gainful activity by reason of a medically determinable mental impairment that can be expected to result in death or has lasted or can be expected to last for not less than nine months.