(A)Child care
services provided under Title XX are excluded from the requirements contained
in this rule and the county department of job and family services (CDJFS) shall
follow child care requirements contained in Chapter 5101:2-16 of the
Administrative Code.
(B)Reimbursement
under Title XX for expenditures for services delivered to individuals is
contingent upon the following:
(1)Service is included in the "Comprehensive Title XX Social Services
Plan" (CTXXSSP) defined in the
"Comprehensive Title XX Social Services Plan" (CTXXSSP) and
specifically included in the county's "Title XX County Profile,"
maintained in the Federal Reporting SSBG Title XX system.
(2)The individual
who receives the service is a member of one of the eligibility categories to
which the service is available in the county of residence. Availability of services to eligibility categories is shown in
the county's profile.Eligibility information will
be documented in accordance with sections (C) and (D) below.
(3)The individual
receiving the service(s) correctly met the eligibility factors which are
applicable to the service(s) received by the individual and the individual's
eligibility category.
(C)When the CDJFS provides Title XX social
services for free or for a fee, it shall establish eligibility standards or a
fee schedule based on income level guidelines. The CDJFS shall formalize these
eligibility standards and fee schedules in a written document which the CDJFS
shall make available at all times for public review.
(D)(C)Categories of
eligibility Eligibility categories under
the Title XX program are as follows:
(1)Income eligible
(a) Services for
free, as determined by the CDJFS.
(i)Under services for free, no cost is
paid by the client to either the CDJFS or the provider.
(ii)Income eligibility will be determined
in accordance with the agency’s defined policy, utilizing an application or
other means to document the income for the assistance group.
(b) Services for a
fee, as determined by the CDJFS.
(i)Services for
a fee is the amount charged to the client by the
CDJFS or provider agency under contract agreement with the CDJFS.
(ii)The CDJFS may offer any service(s)
identified in their current county profile in the "Service for a Fee"
category with the exception of information and referral services, protective
services for adults and protective services for children.
(iii)(ii)Only those services to which fees are
applicable are counted in determining the amount of the fee. Services that are
available to consumers without regard to income would therefore not be counted.
(2)Without regard
to income, as determined by the CDJFS.
(a)A written application is not required where service is deemed
without regard to income Any service category can
be designated as without regard to income; however, the following categories
are typically provided without regard to income:.
(i)Protective services for adults
(ii)Protective services for children
(iii)Information & referral
(b)Protective services for adults and children and information
and referral may be provided without regard to income A written application is not needed where service is deemed
without regard to income.
(E)(D)Eligibility
determinations and redeterminations may be conducted by the agency providing
the service; however the CDJFS may make eligibility determinations if it
concludes that doing so would benefit consumers or result in more efficient
operation of the Title XX social services program in the county, or if it
concludes that a provider is making unsatisfactory eligibility determinations.
The CDJFS will determine the frequency of redeterminations, based upon the
service plan.When the CDJFS has determined that
any Title XX service will be provided as Services for Free or Services for a
fee, the CDJFS will establish a written policy to document the established
income eligibility criteria applicable to each service. If different
eligibility criteria are established for different services, the policy will
clearly define the eligibility criteria applicable for each individual service.
The written policy should identify the types of income that will be counted or
not counted in the eligibility determination. Additionally, the policy should
establish the length of time the eligibility determination is considered valid,
and the frequency of any eligibility redeterminations. This written policy will
be available at all times for public review.
(E)When the CDJFS has determined any Title
XX service will be provided a Service for a Fee the CDJFS will establish a fee
schedule for the individual services. Any such fee schedule will be documented
in a written policy, available at all times for public review.
(F)Eligibility determinations and
redeterminations may be conducted by the agency providing the service; however
the CDJFS may make eligibility determinations if it concludes that doing so
would benefit consumers or result in more efficient operation of the Title XX
social services program in the county, or if it concludes that a provider is
making unsatisfactory eligibility determinations.
(F)(G)Proper and improper determination and
redetermination of eligibility, under the Title XX program are as follows:
(1)Reimbursement
is available for services provided during the period of proper eligibility
determination and until the end of the month in which the individual is
subsequently determined to be ineligible for services or
in which the eligibility determination has expired.
(2)A proper
determination of eligibility is based on a correct assessment of all necessary
information available to the CDJFS or provider agency at the time of such
determination. The determination must be made within thirty calendar days of
the date of the initial application or request for services, or prior to the
due date of a redetermination.
(3)Written
notification of approval or denial of an application or request for Title XX
social services shall be made within fifteen calendar days of the date of
determination. Paragraph (H) of this rule shall apply.
(4)If a consumer
is found to have been improperly determined eligible for services,
reimbursement is not available for the services provided during the period of
improper determination.
(5)Reimbursement
from the Ohio department of job and family services (ODJFS) to the CDJFS or
from the CDJFS to the provider agency is not available prior to the date of the
initial application or request for services.
(G)(H) The CDJFS or the agency
under contract provider under agreement
that makes eligibility determinations and redeterminations for Title XX social
services shall will:
(1)Accept consumer
applications and requests for services.
(2)Complete a
social service plan.
(3)Determine
eligibility.
(4)Authorize
requested services, if appropriate.
(5)Fulfill all
applicable responsibilities relative to state hearings in accordance with
division 5101:6 of the Administrative Code.
(H)(I) When Title XX eligibility determination and
redetermination are conducted by the purchased service
provider under contract provider under the
agreement, the CDJFS must will assure that the provider agency
will explain to the consumer the following rights and responsibilities:
(1)The consumer
has the right:
(a)To apply for
services and have eligibility determined within thirty calendar days of the
receipt of the application.
(b)To receive any
needed services listed in the county's profile as
provided in the consumer's eligibility category in the consumers' county"Title XX County Profile," maintained in the Federal
Reporting SSBG Title XX system, provided all eligibility factors are met
and sufficient funds are available to provide the services.
(c)To a state
hearing as described in division 5101:6 of the Administrative Code.
(d)To be advised
of the eligibility requirements for social services.
(e)To the
safeguarding of information reported by or about the consumer, to the extent
permitted by law.
(2)The consumer
has the responsibility:
(a)To report,
within ten calendar days, any information that may affect eligibility.
(b)To provide
documentation to substantiate eligibility.
(c)To cooperate
with subsequent efforts to assess any error rate made in the eligibility
process.
Effective: 2/7/2022
Five Year Review (FYR) Dates: 11/23/2021 and 02/07/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 01/28/2022
Promulgated Under: 119.03
Statutory Authority: 5101.46
Rule Amplifies: 5101.46
Prior Effective Dates: 10/01/1982, 10/01/1990, 08/15/1991,
11/01/1991 (Emer.), 01/10/1992, 08/01/1998, 01/01/2004, 01/12/2007, 05/31/2012,
06/01/2017