SHMTL 35 (State Hearings – Changes to Managed Care Plan Related Hearings)
State Hearings Manual Transmittal Letter No. 35
September 20, 2018
TO: All State Hearings Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: State Hearings – Changes to Managed Care Plan Related Hearings

This SHMTL contains four rules from Chapters 5101:6-1, 5101:6-2 and 5101:6-20 of the Administrative Code. These rules are being filed as part of a five-year rule review. The effective date of rule 5101:6-1-02 is October 1, 2018. The No-Change rules will keep the previous effective dates.

SHM 1000.

5101:6-1-02 "Hearings for the Title IV-A Funded Home Energy Assistance Program

(Title IV-A HEAP).” This rescinded rule sets forth the process by which an individual who applied for or receives Title IV-A Home Energy Assistance Program (HEAP) can request a fair hearing. The requirements to administer and operate the program was limited by time and funding via an interagency agreement between Ohio Department of Development and Ohio Department of Job and Family Services which ended in 2008. Thus, this rule is being rescinded.

5101:6-2-51 "Notice of Interim Assistance Reimbursement.” This no change rule sets forth the agency's notice requirements for individuals receiving supplemental security income (SSI) and public assistance.

SHM 2000.

5101:6-20-13 "Effect of a Pending Administrative Disqualification Hearing.” This no change rule requires the local agency to make benefit determinations, despite a pending administrative disqualification hearing, to take action regarding an individual's case, and to issue notice, accordingly.

5101:6-20-19 "Opportunity for Appeal of an Administrative Disqualification.” This no change rule describes the legal remedies an individual has with respect to an adverse administrative disqualification hearing (ADH) decision. This rule also informs the individual of the opportunity for a new ADH if it is reversed by the court of common pleas.

SHM Instructions:

Location Remove No Changes
SHM 1000 5101:6‑1‑02 (effective 10/1/2018)  
SHM 1000   5101:6‑2‑51 (effective 9/1/2008)
SHM 2000   5101:6‑20‑13 (effective 9/1/2008)
    5101:6‑20‑19 (effective 9/1/2008)

Fiscal Impact:

The revisions to the rules in this clearance do not impose new requirements on county agencies, and the continued implementation of these rules should result in no fiscal impact on the county agencies.

Training Statement:

The revisions to the rules in this clearance will not require training or technical assistance to be provided to local agencies by ODJFS. Clarification regarding these rules will be available to county staff through the Bureau of State Hearings staff, who can be reached via email at BSH-Rules@jfs.ohio.gov.