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 The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope.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.

This letter transmits revisions to rules with the proposed effective date of November 1, 2007. If there are any changes made to the rules during the JCARR review period, corrected rules will be sent out in a future 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 into the clearance process.

CHAPTER 3000

5101:1-5-01 The Disability Financial Assistance program: definitions and payment standards. (CCN 6012)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. All other proposed changes to this rule are formatting and grammatical changes only, and there are no substantive changes proposed to this rule.

5101:1-5-10 Disability Financial Assistance (DFA): nonfinancial eligibility requirements. (CCN 6012)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. All other proposed changes to this rule are formatting and grammatical changes only, and there are no substantive changes proposed to this rule.

5101:1-5-30 Disability financial assistance (DFA): resources. (CCN 6042)

Paragraph (C)(9) was updated to reflect the correct Public Law cites to exempt payments made from Agent Orange Settlement funds. The language reflects the policy in rule 5101:4-4-03.3 of the Administrative Code "Food Stamps: Resources Excluded By Law."

Technical changes involving paragraph placement, acronyms, grammar and spelling have been updated where appropriate, resulting in no change to policy.

Rule 5101:1-5-50 Disability financial assistance (DFA): payments. (CCN 6030)

Paragraph (J)(2)(c) has been added to include the definition of "erroneous payments" from section 5115.23 of the Ohio Revised Code.

In paragraph (M)(1)(f) the language "but excluding work expenses" is obsolete and has been stricken.

Other modifications to the rule include a change in wording from "overpayment" to "erroneous benefit" throughout the entire rule. This revision has been made to align with language in section 5115.23 of the Ohio Revised Code. All other proposed changes to this rule are formatting changes only, and there are no substantive changes proposed to this rule.

CAM Appendix-JFS Forms

JFS 07095 Erroneous Benefit Determination Form (rev. 6/2007)

The following changes have been made to the JFS 07095:

• The Ohio Department of Job and Family Services is now referenced on the top of the form.
• The title has been revised from "Overpayment Determination Form" to "Erroneous Benefit Determination Form" in order to have consistency in language with rule 5101:1-5-50 of the Administrative Code.
• "ADC" has been revised to "OWF" throughout the form. This revision has been made to correctly reference Ohio`s Temporary Assistance for Needy Families (TANF) cash assistance program, "Ohio Works First" (OWF).
• The categories "Med. /Aged, Blind, or Disabled" and "ADC/Rel.Med" throughout the form have been combined into one category labeled "Medicaid".
• "DA" has been revised to "DFA" throughout the form. This revision has been made as the program name has been changed from "Disability Assistance" to "Disability Financial Assistance" as of July 1, 2003.
• The box titled "Discovery date" has been changed to "Complaint date".
• In the box titled "Check circumstances that changed eligibility", the option "RSDI" has been replaced with "SSA/SSI".
• The boxes on the current JFS 07095 titled "Reapplication" and "If delinquent, give number of months reapplication is overdue", have been removed as this information is not necessary for an erroneous benefit determination.
• The box titled "Check one item if circumstances of overpayment do indicate a question of fraud" has been revised to "Check item(s) if circumstances of erroneous benefits received do indicate a question of fraud", to allow the CDJFS to indicate if more than one option is applicable in the situation.
• "Client did not report changes in circumstances with acceptable promptness" has been revised to "Client did not meet reporting responsibilities". This change has been made because the client is responsible for meeting reporting responsibilities, not reporting changes with "acceptable promptness".
• The box titled "Signature of Supervisor" has been changed to "Signature of Calculator" in order to document the individual who is completing the form.
• The box titled "Signature of CDJFS Director/Designee" has been changed to "Signature of CDJFS Supervisor/Reviewer" in order to document who is the individual responsible for the review of the erroneous benefit determination.

INSTRUCTIONS