In accordance with Ohio Revised Code (ORC) section 106.03 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. The
purpose of a five-year 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continued without amendment, be amended or be rescinded, taking into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. The rules have been reviewed and
revised with the collaboration of an external workgroup comprised of various
adoption assistance county partners across Ohio. The following rules were
recently reviewed and amended to provide clarity as part of a five-year rule
review.
OAC rule 5101:2-49-11entitled "Suspension of Title IV-E Adoption Assistance (AA) Payment." This is a new rule to allow the Public Children
Services Agency (PCSA) to suspend adoption assistance payments to adoptive parent(s)
when certain circumstances apply. This rule was developed in accordance with
the guidance set forth in the Child Welfare Policy Manual (CWPM), §8.2A,
Question and Answer #2. The rule outlines the circumstances for suspension when
a PCSA proposes to suspend a subsidy when the agency cannot establish contact
with the adoptive parent(s). Documented concerted efforts by the PCSA to
establish contact with the adoptive parent(s) is required to make such a
determination. Written notification of intent is to be sent to the adoptive
parent(s) along with state hearing rights prior to suspension. Adoptive
parent(s) have ninety days to contact the PCSA and provide documentation of
support to re-establish a subsidy.
OAC rule 5101:2-49-12 entitled "Amendment
of the Title IV-E Adoption Assistance (AA) Agreement" outlines
criteria to amending an AA agreement.
Changes were made to the rule to provide clarification in paragraph (B)
when amending the AA agreement to take into consideration newly documented
special needs of the child or the adoptive family’s circumstances that were not
subject to the current agreement pursuant to 473(a)(3) of the Social Security
Act. New language was added to the rule in paragraph (F) to notify the Public
Children Services Agency (PCSA) that an AA payment cannot automatically be
amended if the adopted child is placed under the responsibility and care of the
PCSA. The JFS 01453 "Title IV-E Adoption Assistance
Agreement" has been amended to incorporate the changes made to rule
5101:2-49-12 of the Administrative Code.
The title to the rule has been amended.
OAC rule 5101:2-49-13 entitled
"Termination of Title IV-E Adoption Assistance (AA)" outlines
the circumstances that result in the termination of an AA agreement. Changes
were made to the rule to provide clarification. In paragraph (B) the word
"financial" was added as a form of support that an adoptive parent(s)
can provide to a child regardless of the child’s physical location. Minor edits
were made in paragraphs (A), (B), (C), (E)(1), (E)(2), and (E)(3). The JFS
01958 "Referral for Medicaid Continuing Eligibility
Review" and JFS 07236 "Your Rights &
Responsibilities as a Consumer of Medicaid Health Coverage" are no
longer available on the JFS Forms Central website. The forms are available
through the Ohio Department of Medicaid, Medicaid Forms Listing website which
can be accessed through JFS Forms Central. Revision updates were corrected in
paragraph (F). The title to the rule has been amended.
OAC rule 5101:2-49-19 entitled "Title XIX
Medicaid Coverage for Title IV-E Adoption Assistance (AA) Eligible Children
(COBRA)" outlines the procedures to follow for provisions of Title
XIX medical coverage for children eligible for Title IV-E adoption assistance.
Changes were made to the rule to incorporate the changes to the Interstate
Compact on Adoption and Medical Assistance (ICAMA) due to the interstate
compact amendments as a result of systematic enhancements. Forms were updated to incorporate the new
form numbers 6.03 to 7.5 "Information Exchange"
and 6.01 to 7.01 "Notice of Medicaid Eligibility/Case
Activation." Reference to formJFS 06612 "Health Insurance Information Sheet" has changed
to the Ohio Department of Medicaid (ODM) forms with the same name and title. The
form is available through the Ohio Department of Medicaid, Medicaid Forms
Listing website which can be accessed through Forms Central. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has
been amended to incorporate the changes made to rule 5101:2-49-19 of the
Administrative Code. The title to the
rule has been amended.
OAC rule 5101:2-49-23 entitled "Title
IV-E Adoption Assistance (AA) Intercounty and Interstate Case Management
Responsibility" outlines the requirements for intercounty and interstate
adoption assistance case management. Minor amendments were made to this rule. The JFS 01451-B "Title
IV-E Adoption Assistance Annual Assurance of Legal Responsibility, School
Attendance and Eligibility for Continued Medicaid Coverage" has
been amended to incorporate the changes made to rule 5101:2-49-23 of the
Administrative Code. The JFS 01453 "Title IV-E Adoption Assistance Agreement" has
been amended to incorporate the changes made to rule 5101:2-49-23 of the
Administrative Code. The title to the
rule has been amended.
OAC rule 5101:2-49-25 entitled "Qualified
and Disqualified Alien Eligibility for Title IV-E Adoption Assistance (AA)"
outlines the requirements for adoption assistance for qualified aliens. Changes
include clarification in paragraph (A) to clearly identify the Immigration and
Nationality Act. Title XIX Medicaid rules 5160:1-2-01.8 "Medicaid:
Conditions of Eligibility for each Applicant or Recipient," 5160:1-2-02.3 "Medicaid:
Qualified Aliens," and 5160:1-2-01.9 of the Administrative Code
were rescinded and replaced with rules 5160:1-2-12, "Medicaid:
non-citizens" and 5160:1-4-06, "Medicaid:
coverage for individuals in receipt of adoption or foster care assistance"
of the Administrative Code. The JFS 01453 "Title IV-E Adoption
Assistance Agreement" has been amended to incorporate the changes
made to rule 5101:2-49-25 of the Administrative Code. The title to the rule has been amended.
Forms
JFS 01451-B – "Title IV-E Adoption
Assistance Annual Assurance of Legal Responsibility, School Attendance and
Eligibility for Continued Medicaid Coverage," amended to include
annual diagnosis by a qualified professional in section I. Clarification to
section V to read "physical or mental disability or has a medical
condition." Revision date to this form has been revised.
JFS 01453 – "Title IV-E Adoption
Assistance Agreement." Title to the form has been revised. The
attachment of the nonrecurring agreement is now submitted with this form per
OAC rule 5101:2-49-21. Identification of an Independent adoption has been added
to Article I of this form. Article IV, has included specifications of
additional adoption assistance programs such as Nonrecurring, SAMS, PASSS, AAC
and notification to the adoptive parent. Clarification of adoption assistance
payment specific to the service needs of the child. Article VII has been
included to address requirements of when a Title IV-E agency may suspend
adoption assistance (AA) payment. Article X has been included to identify the
AA agreement effective date with the inclusion of the Agency Representative and
Director signature in addition to the adoptive parents. Changes were made to
the form to be consistent with amendments made to OAC rules 5101: 2-49-03, 04,
06, 07, 08, 09, 09.1, 12, 17, 19, 21, 23, and 25. Revision date to this form
has been revised.
JFS 01958 "Referral for Medicaid
Continuing Eligibility Review," JFS 06612
"Health Insurance Information Sheet," and theJFS 07236 "Your Rights &
Responsibilities as a Consumer of Medicaid Health Coverage" have
changed to the Ohio Department of Medicaid (ODM) forms with the same name and
title. The forms are available through ODM Forms Listing website which can be
accessed through Job & Family Services (JFS) Forms Central under the link
"Medicaid Forms Listing."
INSTRUCTION:
The following chart shows what materials should be inserted into
the Family, Children and Adult Services Manual (FCASM).
LOCATION
| REMOVE AND FILE AS OBSOLETE |
INSERT/REPLACEMENT
|
MANAGEMENT AND ADMINISTRATION
|
5101:2‑49‑11
|
5101:2‑49‑11
|
|
5101:2‑49‑12
|
5101:2‑49‑12
|
|
5101:2‑49‑13
|
5101:2‑49‑13
|
|
5101:2‑49‑19
|
5101:2‑49‑19
|
|
5101:2‑49‑23
|
5101:2‑49‑23
|
|
5101:2‑49‑25
|
5101:2‑49‑25
|
|
JFS 01453
|
JFS 01453
|
|
JFS 01451-B
|
JFS 01451-B
|
|
JFS 01958
|
ODM 01958
|
|
JFS 07236
|
ODM 07236
|
|
JFS 06612
|
ODM 06612
|
TRANSMITTAL LETTERS
|
|
FCASMTL No. 415
|