This letter transmits changes with the proposed effective date of January 1, 2005. If there are any changes made to any of the rules contained in this CAMTL during the JCARR review period, corrected rules will be sent out in the next CAMTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed in the clearance process.

Ohio Works First (OWF) Chapter 2000

Section 119.032 of the Ohio Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope. In addition, the intent of the review is to ensure that rules are clear and concise as written, program requirements are accurate and up-to-date, unnecessary paperwork is eliminated, and, when possible, local agencies are given more flexibility.

Rule 5101:1-3-18 Individual Development Account (IDA) Program

This rule is being amended to change CDHS to CDJFS, and ODHS to ODJFS throughout the rule. There were no substantive changes made to the rule.

Disability Financial Assistance (DFA) Chapter 3000

5101:1-5-20 DFA: definitions and the determination of disability (CCN 5280)

This rule has been reviewed as a result of modifications to the disability determination process included in proposed rule 5101:1-39-03 for inclusion in the Medicaid Eligibility Manual. Because the process for obtaining a determination of disability from the ODJFS County medical services (CMS) unit for medicaid and DFA is the same, the existing DFA rule is being proposed for rescission and the new rule provided in this CAMTL has been drafted to replace it. Wherever possible, the new rule parallels the provisions contained in proposed rule 5101:1-39-03 for consistency. Following are more specific modifications that are proposed.

The rule is rewritten in accordance with format changes consistent with the other rules contained in the CAM. It is also reorganized and now provides the statutory definition of disability for the DFA program at the beginning of the rule in paragraph (A).

The disability determination process is defined and outlined in the subsequent paragraphs, and is separated into three subcategories: the CDJFS responsibilities in the disability determination process; responsibilities of the individual; and the county medical services unit responsibilities. The intent of this reorganization is to parallel the organizational structure provided in proposed rule 5101:1-39-03, and to facilitate reference within the rule.

**A policy change contained within this rule of note is the provision which permits the CDJFS to determine that the disability factor is met for DFA purposes without a CMS disability determination, when the individual is approved for SSA Title II disability benefits. This provision is contained in paragraph (B) (1) (a) of the proposed rule. This is the only situation in which the CDJFS can make this determination. It is also important to note that, while an individual may be determined to meet the DFA disability requirement in this manner, it is unlikely that the individual will meet all other DFA eligibility requirements, such as income in these circumstances. In all other situations, the CDJFS must submit a CMS packet to the CMS unit for a disability determination. **

Following are descriptions of the other policy modifications of note that have been made in the proposed rule.

Language was added at paragraph (B)(1)(e), to emphasize that when necessary, the CDJFS should utilize administrative funds in order to assist an individual in obtaining requisite documentation to support the claim of disability.

Language was added to describe the CMS unit disability review process and also to identify all responsibilities of the CDJFS at paragraph (B) (1), the individual, at paragraph (B) (2), and the CMS unit at paragraph (B) (3). As a part of the addition of this language, required forms for submission to the CMS unit are also identified under CDJFS responsibilities at paragraph (B) (1).

Language was added to provide for the continued DFA eligibility for an individual who continues to meet all other DFA eligibility requirements during the CMS disability review, and to emphasize that the CDJFS must not terminate DFA solely because of the expiration of the disability review date. Added language is contained in paragraphs (B) (1) (p) and (C) (3).

Language was also added at paragraphs (D) (1) to (D) (2), to provide policy regarding situations when DFA is terminated and the individual subsequently reapplies for DFA. Specifically, if the individual reapplies within twelve months of the disability begin date as established by the CMS unit, the CDJFS must find that the disability factor is met without submission of a new CMS packet to the CMS unit. Conversely, if the individual reapplies beyond twelve months of the disability begin date, the CDJFS must determine that the disability factor is not met, and must complete and submit a new CMS packet to the CMS unit.

FORMS APPENDIX

Three forms have been removed from the JFS Forms Appendix with this CAMTL. The forms have been removed from the CAM because they are forms that belong to another area within the department, and because they are available via the ODJFS On-line Forms Listing at http://www.odjfs.state.oh.us/forms/inner.asp. We have removed the following forms: JFS 03600, County Medical Services Determination, the JFS 03605, CDJFS Referral to CMS (Rev. 7/2002), and the JFS 03606, Physicians Certification of Medication Dependency for the Disability Assistance Program (Rev. 4/2001).

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