This letter transmits seventeen rules for state hearings conducted by the Bureau of State Hearings, Ohio Department of Job and Family Services (ODJFS), for applicants for, and recipients of, services from ODJFS programs. The rules were amended as part the five-year rule review under section 119.032 of the Revised Code. The amended rules are effective September 1, 2008.

In addition to the seventeen amended rules, rule 5101:6-2-09 "Supplemental sanction notice" was reviewed and is rescinded effective September 1, 2008, because there is no longer a supplemental sanction notice.

Rule 5101:6-2-01, entitled "Notice at the time of application," sets forth the requirement that written notice be provided to applicants for services from ODJFS programs at the time of application, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-04, entitled "Prior notice of adverse action," sets forth the requirement that prior written notice be provided to recipients of services from ODJFS programs at least fifteen calendar days before the effective date of the adverse actions identified in the rule, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-05, entitled "Exceptions to prior notice," sets forth the adverse actions for which prior written notice must be provided to recipients of services from ODJFS programs on or before the effective date of the adverse action, and the adverse actions for which individual prior written notices are not required, and sets forth requirements for the content of the notice. The change to the rule adds the provision that the local agency is not required to continue benefits pending the state hearing for certain adverse actions identified in the rule.

Rule 5101:6-2-06, entitled "Notice of change in law or policy, automatic benefit adjustment, or food stamp mass change," sets forth the changes in benefits to recipients of services from ODJFS programs for which prior written notice of the changes is required, and sets forth the requirements for the content of the notice. The change to the rule is the requirement for prior notice for all of the actions identified in the rule.

Rule 5101:6-2-07, entitled "Notice of the right to a state hearing - child support services," sets forth the requirement that written notice be provided to a recipient of child support services for the actions identified in the rule, and sets forth which written notice should be provided for which action. There are no substantive changes to the rule.

Rule 5101:6-2-08, entitled "Notice whenever disagreement with an action or inaction is expressed," sets forth the situations for which the local agency is required to remind the recipient of services from ODJFS programs of the right to request a state hearing and the situations for which the local agency is required to give the recipient a reapplication. There are no substantive changes to the rule.

Rule 5101:6-2-20, entitled "Notice of overpayment/overissuance," sets forth the requirement that written notice be provided to the recipient of services from ODJFS programs when there is a determination of overpayment of benefits, determination of overissuance of benefits, or determination that the amount of a previous determination of overpayment or overissuance is changed, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-25, entitled "Notice of eligibility for lost food stamp benefits," sets forth the requirement that written notice be provided to a recipient of food stamp benefits when the local agency determines that the recipient is or may be eligible for restoration of lost food stamp benefits or the local agency denies the recipient's request for restoration of lost food stamp benefits, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-26, entitled "Notice of approval, denial or delay of replacement food stamp benefits," sets forth the requirement that written notice be provided to a recipient of food stamp benefits when the local agency approves, denies, or delays a recipient's request for replacement food stamp benefits, and sets forth requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-30, entitled "Notice of medical determination," sets forth the requirement that written notice be provided when there is a medical determination regarding preadmission review for long-term care, prior authorization for hospital days, and precertification for hospital admission, and sets forth requirements for the content of the notice. The change to the rule is including the authorized representative as a person to receive the notice.

Rule 5101:6-2-31, entitled "Notice of denial of prior authorization for medical or dental services," sets forth the requirement that written notice be provided when prior authorization for a medical or dental service is denied, and sets forth the requirements for the content of the notice. The change to the rule is including the authorized representative as a person to receive the notice.

Rule 5101:6-2-32, entitled "Notice of adverse preadmission screening and resident review (PASRR) determinations," sets forth the requirement that written notice be provided when an individual receives an adverse determination for a preadmission screening or an adverse determination for a resident review, and sets forth the requirements for the content of the notice. The change to the rule is including the individual, or his or her legal guardian or authorized representative as persons to receive the notice.

Rule 5101:6-2-35, entitled "Notice of a managed care plan's denial, reduction or termination of a medicaid-covered service," sets forth the requirement that written notice be provided when a managed care plan denies, reduces, or terminates a covered service, and sets forth the requirements for the content of the notice. The change to the rule is including the authorized representative as a person to receive the notice.

Rule 5101:6-2-36, entitled "Notice of denial of just cause request for termination of managed care plan membership," sets forth the requirement that written notice be provided when the managed care plan denies an individual's request for just cause for termination of membership in a managed care plan, and sets forth the requirements for the content of the notice. There are no substantive changes to the rule.

Rule 5101:6-2-40, entitled "PACT notices," sets forth the requirement that written notice be provided in regard to enrollment in PACT (primary alternative care and treatment), continued enrollment, and denial of a designated provider change, and sets forth requirements for the content of the notice. The change to the rule is including the authorized representative and PACT representative as persons to receive the notice.

Rule 5101:6-2-50, entitled "Notice of determinations concerning spouses separated by institutionalization," sets forth the requirement that written notices be provided at the time of the determination of eligibility for medicaid for the institutionalized spouse, sets forth which notices are to be provided, and sets forth the requirements for the content of the notices. The change to the rule is including the authorized representative as a person to receive the notices.

Rule 5101:6-2-51, entitled "Notice of interim assistance reimbursement," sets forth the requirement that written notice be provided when the local agency receives an individual's retroactive SSI (supplemental security income) payment for initial or post-eligibility benefits, and sets forth requirements for the content of the notice. The change to the rule is including the authorized representative as a person to receive the notice.

Instructions: