This letter transmits proposed rules with an effective date of October 1, 2007. If there are any changes made to the rules contained in this CAMTL during the JCARR review period, the corrected rules will be sent out in a future CAMTL. All of the rules in this CAMTL have been emergency filed for the October 1, 2007 effective date. They have also been submitted to statewide clearance under Clearance Control Number (CCN) 6075.

With the passage of Amended Substitute House Bill 119 of the 127th General Assembly, Section 5107.16 of the Revised Code has been amended. The requirement of a sanctioned assistance group to cease the failure or refusal before OWF benefits may be reinstated has been removed. Effective October 1, 2007, an assistance group under an OWF sanction must now only serve a minimum time period before OWF may resume.

As a result of the changes to Section 5107.16 of the Revised Code, we are rescinding rule 5101:1-3-15 of the Ohio Administrative Code, creating a new rule 5101:1-3-15 of the Ohio Administrative Code and revising rule 5101:1-3-12 of the Ohio Administrative Code that address the OWF sanction process. These rules are being adopted and amended to comply with the changes to Section 5107.16 of the Revised Code by removing the requirement of sanctioned individuals to complete a County Department of Job and Family Services (CDJFS) defined demonstration of compliance before OWF is reinstated and limiting the OWF sanction to one, three or six months.

Food Stamps and Medicaid

The Food Stamp Program has made corresponding changes to rule 5101:4-3-09 of the Ohio Administrative Code for the sanction imposed on an OWF food stamp assistance group as a result of an individual's failure to comply with a provision of their OWF self sufficiency contract. Food Assistance Change Transmittal No. 29 will be issued detailing the changes to the Food Stamp Program.

Federal Medicaid law, 42 U.S.C. Section 1931(b)(3), governs the state option to terminate and reinstate medical assistance for an individual's failure to meet the Temporary Assistance for Needy Families (TANF) work requirements.

As set forth in rule 5101:1-40-07 of the Ohio Administrative Code, an adult member of an OWF assistance group who is sanctioned as a result of the individual's own third or subsequent failure to comply with a provision of an OWF self sufficiency contract related to a work activity loses eligibility for Healthy Families/Low Income Families (LIF) Medicaid until the individual complies with the work activity. There is no minimum sanction period for the sanctioned adult member of the assistance group who has lost Medicaid eligibility. The sanctioned adult immediately regains Medicaid eligibility beginning the first day of the month in which the individual complies with the work activity. The CDJFS must permit the sanctioned adult to comply immediately without any delay due to the OWF sanction period. Questions on the Medicaid policy can be directed to the Medicaid email box at MEDICAID_ELIGIBILITY_TA@odjfs.state.oh.us.

Chapter 2000

Rule 5101:1-3-12 Ohio works first (OWF): work activities.

We have revised paragraph (D) by adding language which clarifies that no self sufficiency contract shall include Learning, Earning and Parenting (LEAP) program requirements. LEAP program requirements such as school attendance should not be included in the self sufficiency contract; a failure to comply with the LEAP program requirements does not result in a tiered sanction. Instead, the teen is subject to the LEAP program sanctions and penalties as set forth in rule 5101:1-23-50 of the Ohio Administrative Code.

As a result of clarification that we received on August 6, 2007 from the United States Department of Health and Human Services on Ohio's Work Verification Plan we are required to identify exactly which holidays may count toward work participation. This rule identifies the ten federal holidays as set forth in 5 U.S.C. 6103(a) as the holidays Ohio recognizes for purposes of work participation. These holidays are:

• New Years day, January first;
• Birthday of Martin Luther King, Jr., the third Monday in January;
• Washington's birthday, the third Monday in February;
• Memorial day, the last Monday in May;
• Independence day, July fourth;
• Labor day, the first Monday in September;
• Columbus day, the second Monday in October;
• Veteran's day, November eleventh;
• Thanksgiving day, the fourth Thursday in November; and
• Christmas day, December twenty-fifth.

In order to prepare for the implementation of the domestic violence provisions adopted in Chapter 5107 of the Revised Code with Amended Substitute House Bill 119 of the 127th General Assembly, we have revised language in paragraph (H) to include circumstances involving domestic violence as a good cause reason for missed hours of participation.

All other proposed changes to this rule are grammatical and formatting changes only.

Rule 5101:1-3-15Ohio Works First (OWF): Three-Tier Sanctions.

Throughout this rule all language requiring sanctioned assistance groups to demonstrate a willingness to comply before OWF benefits could be reinstated has been removed. As of October 1, 2007, this language is obsolete.

Current Policy

Currently, an individual who fails a provision of their self sufficiency contract and has a sanction imposed is required to serve a minimum sanction period of one, three or six months, depending on the sanction occurrence, and also demonstrate a willingness to comply before the sanction ends. The requirements and process by which a sanctioned individual demonstrates a willingness to comply is determined by the CDJFS. Once the minimum sanction period has expired and the sanctioned individual demonstrates a willingness to comply the OWF assistance group will have OWF benefits reinstated.

New Policy

As of October 1, 2007 an individual who fails a provision of their self sufficiency contract and has a sanction imposed is required to only serve the sanction period of one, three or six months depending on the sanction occurrence. Upon the expiration of the sanction period the OWF assistance group may have OWF benefits reinstated.

Paragraph (E) contains language defining the process for reinstatement of OWF benefits following the expiration of the sanction period. The reinstatement process includes:

• Notifying the sanctioned assistance group that the sanction will be ending;
• Determining if the assistance group will be eligible for reinstatement. If the assistance group's residency is unknown, or they are not in receipt of any other benefits and the CDJFS is thus not able to make an eligibility determination then OWF benefits will not be reinstated. The assistance group may also request that OWF benefits not be reinstated; and
• Notifying the assistance group once a determination of eligibility has been made as to whether OWF benefits can be reinstated.

The CDJFS will need to determine, in accordance with Section 5107.17 of the Revised Code, if the assistance group's circumstances have changed in a manner necessitating an amendment to the self-sufficiency contract. The CDJFS may also conduct an appraisal or assessment if circumstances have changed for the assistance group.

Language regarding assistance group movement in three tier sanctions is now contained in paragraph (F). Language has been added to further explain when an assistance group is eligible for OWF benefits if it contains a sanctioned individual serving a sanction period.

All other proposed changes to this rule are grammatical and formatting changes only.

Appendix JFS Forms

JFS 03801 (Rev. 10/2007):Ohio Works First (OWF) Self Sufficiency Contract (model):

We have removed language from the self sufficiency contract requiring a sanctioned individual to demonstrate a willingness to comply before OWF benefits may be reinstated.

In order to prepare for the implementation of the domestic violence provisions adopted in Chapter 5107 of the Revised Code with Amended Substitute House Bill 119 of the 127th General Assembly, we have revised the list of good cause reasons to include circumstances involving domestic violence as a good cause reason for missed hours of participation.

JFS 07092 (Rev. 10/2007): Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Concerning Good Cause for Refusal to Cooperate with Securing Child Support

We have revised the JFS 07092 to implement the new sanction policy and to update language in accordance with rule 5101:12-10-31.3 of the Ohio Administrative Code.

CRIS-E Changes

Due to the changes in OWF policy effective October 1, 2007, the following changes are being completed in the CRIS-E system:

• For OWF sanctions entered on or after October 1, 2007, end dates will be populated on the "end date" field on AEOIE. The end date of the sanction will be determined from the entered begin date of the sanction and the entered sanction occurrence.
• The OWF compliance field on AEOIE will be protected as this field is obsolete.
• An edit will be placed on AEOIE when the CDJFS runs ED/BC on a case that contains an OWF sanction for which the sanction period would have ended prior to September 30, 2007. The edit will require the worker to end the sanction with a September 30, 2007 date. For OWF sanctions that were imposed prior to October 1, 2007 but the sanction period will not expire until after October 1, 2007, the edit will require the worker to place the appropriate end date in the "end date" field on AEOIE as determined by the begin date and occurrence of the sanction.
• An alert will be sent to both the eligibility determination worker and the work activity worker the month prior to the expiration of the sanction notifying them that the case needs to be examined and run through ED/BC.
• The "cure" portion on both state and county CNRQ and CNET screens will be protected. Standardized language explaining OWF reinstatement following the sanction period will be added to client notices that are generated out of CRIS-E when a sanction is proposed. The "description" portion of the CNRQ and CNET screens will remain enterable for county codes.
• Reason code language is being updated with the new policy. A new positive reason code will be added for OWF cases that are being reinstated. Several new negative reason codes will be added when OWF benefits are not being reinstated.