These rules are proposed to be effective May 24, 2007. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on May 24, 2007. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

5101:4-3-09 - Food Stamps: Ohio works first (OWF) appraisal, self-sufficiency contract requirements, and sanctions

This rule was reviewed in accordance with the Ohio Revised Code Section 119.032. Each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Prior to the implementation of the Deficit Reduction Act (DRA) of 2005, the Cash Assistance Manual (CAM) Section 5101:1-3-15 contained the policy regarding sanctions and penalties related to the OWF program. With the implementation of Cash Assistance Manual Transmittal Letter (CAMTL) #29 issued October 11, 2006, rule 5101:1-3-15 was amended to contain only the policy pertaining to sanctions. A new rule, 5101:1-3-14 was created to contain only the policy pertaining to penalties. Therefore, 5101:4-3-09 is being amended to change the references to the appropriate Cash Assistance Manual policy sections.

5101:4-6-01 - Food Stamps: determining eligibility of individuals in a drug addiction and alcoholic treatment and rehabilitation programs.

The title of this rule is being changed to "Food Stamps: determining eligibility of individuals in a drug addiction and alcoholic treatment and rehabilitation programs" to correspond to the language used by the Food and Nutrition Service (FNS). Language has been added to further inform counties on how to determine if a DAA treatment center meets the Food Stamp Program standards for certification. Also, an appendix has been added to the rule to provide acceptable verification that can be provided by the DAA. In addition to the general URL address provided in Appendix A of the rule for the State Title XIX agency, the Ohio Department of Alcohol and Drug Addiction Services has provided us with direct contact information in the event it becomes necessary for the DAA center to provide documentation from the State Title XIX agency as to whether or not the facility is operating to further the purpose of part B of Title XIX.

The county agency should assist in facilitating contact between the DAA center and the State Title XIX agency. The contacts for the Department of Alcohol and Drug Addiction Services are: Robin Rutan, rutan@ada.ohio.gov, 614-466-9006, and Brad DeCamp, decamp@ada.ohio.gov, 614-752-8363.

If the DAA center has dual certification or is operating to further the purpose of part B of Title XIX to provide treatment and rehabilitation of drug addicts and/or alcoholics which involves both the Department of Alcohol and Drug Addiction Services and the Department of Mental Health, documentation from the Department of Alcohol and Drug Addiction Services is sufficient to meet the Food Stamp program standards for certification.

References to coupons have been removed from the rule. The effective dates of various public laws, U.S. Code sections, and federal acts as required in Ohio Revised Code 121.75 were amended.

Spanish and Somali versions of the JFS 07200, "Request for Cash, Food Stamp, and Medical Assistance"

The JFS 07200, "Request for Cash, Food Stamp, and Medical Assistance," was revised effective October 2006 in order to comply with federal requirements outlined in the Deficit Reduction Act of 2005 regarding new Medicaid citizenship requirements. The Spanish and Somali versions of the JFS 07200 have been translated to reflect these changes. These revised forms are currently posted and available on the Ohio Department of Job and Family Services (ODJFS) internet and innerweb sites. A supply of the Spanish forms may be ordered by the counties from the ODJFS warehouse. The Somali forms will not be stored in the ODJFS warehouse at this time. If the volume of usage increases, a request will be made for a supply of the Somali forms to be stored in the warehouse for ordering by the county agencies.

Fiscal Impact Statement

There should be no fiscal impact for the county agencies to implement these rules. No additional staff will be needed. No additional supplies, equipment, or travel is involved.

Training and Technical Assistance

Training and technical assistance needed to implement these rules will be minimal. Clarification regarding these rules will be available to county staff by ODJFS through the Bureau of County Oversight and Support, Program Policy Services staff.

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