130th Ohio General Assembly
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Sub. H. B. No. 298  As Reported by the House Health and Aging Committee
As Reported by the House Health and Aging Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 298


Representatives Roegner, Rosenberger 

Cosponsors: Representatives Martin, Maag, Derickson, Newbold, Beck, Adams, J., Conditt, Wachtmann, Buchy, Hayes, Young, Brenner, Butler, Grossman, Slaby, L., Blessing, Henne, Huffman, Boose, McClain, Hall, Bubp, Goodwin, Burke, Uecker, Dovilla, Thompson, Gardner, Blair 



A BILL
To amend sections 3701.027, 5101.46, and 5101.461 and to enact sections 3701.033 and 5101.101 of the Revised Code to prioritize the distribution of funds for family planning services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 3701.027, 5101.46, and 5101.461 be amended and sections 3701.033 and 5101.101 of the Revised Code be enacted to read as follows:
Sec. 3701.027.  The department of health shall administer funds received from the "Maternal and Child Health Block Grant," Title V of the "Social Security Act," 95 Stat. 818 (1981), 42 U.S.C.A. 701, as amended, for programs including the program for medically handicapped children, and to provide technical assistance and consultation to city and general health districts and local health planning organizations in implementing local, community-based, family-centered, coordinated systems of care for medically handicapped children. The department may make grants to persons and other entities for the provision of services with the funds. In addition, the department may use the funds to purchase liability insurance covering the provision of services under the programs by physicians and other health care professionals, and to pay health insurance premiums on behalf of medically handicapped children participating in the program for medically handicapped children when the department determines, in accordance with criteria set forth in rules adopted under division (A)(9) of section 3701.021 of the Revised Code, that payment of the premiums is cost effective.
In determining eligibility for services provided with funds received from the "Maternal and Child Health Block Grant," the department may use the application form established under section 5111.013 of the Revised Code. The department may require applicants to furnish their social security numbers.
Funds from the "Maternal and Child Health Block Grant" that are administered for the purpose of providing family planning services shall be awarded to entities in accordance with section 3701.033 of the Revised Code.
Sec. 3701.033.  (A) All funds distributed by the department of health for the purpose of providing family planning services, including funds the department receives through the "Maternal and Child Health Block Grant," Title V of the "Social Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and through Title X of the "Public Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as amended, shall be awarded as follows:
(1) The department shall award funds with foremost priority given to eligible public entities that are operated by state entities or county or other local government entities and that provide or are able to provide family planning services.
(2) To the extent funds are available after the department determines that all eligible public entities have been fully funded under division (A)(1) of this section, the department may award funds to nonpublic entities in the following order of descending priority:
(a) Nonpublic entities that are federally qualified health centers or federally qualified health center look-alikes, as defined in section 3701.047 of the Revised Code, or community action agencies, as defined in section 122.66 of the Revised Code;
(b) Nonpublic entities that provide comprehensive primary and preventive care services in addition to family planning services;
(c) Nonpublic entities that provide family planning services, but do not provide comprehensive primary and preventive care services.
(B) This section does not apply to grants awarded by the department under section 3701.046 of the Revised Code.
Sec. 5101.101.  (A) All funds distributed by the department of job and family services for the purpose of providing family planning services, including funds the department receives through Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and funds received through Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for purposes of providing Title XX social services, shall be awarded as follows:
(1) The department shall award funds with foremost priority given to eligible public entities that are operated by state entities or county or other local government entities and that provide or are able to provide family planning services.
(2) To the extent funds are available after the department determines that all eligible public entities have been fully funded under division (A)(1) of this section, the department may award funds to nonpublic entities in the following order of descending priority:
(a) Nonpublic entities that are federally qualified health centers or federally qualified health center look-alikes, as defined in section 3701.047 of the Revised Code, or community action agencies, as defined in section 122.66 of the Revised Code;
(b) Nonpublic entities that provide comprehensive primary and preventive care services in addition to family planning services;
(c) Nonpublic entities that provide family planning services, but do not provide comprehensive primary and preventive care services.
(B) This section does not apply to the medicaid program.
Sec. 5101.46.  (A) As used in this section:
(1) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.
(2) "Respective local agency" means, with respect to the department of job and family services, a county department of job and family services; with respect to the department of mental health, a board of alcohol, drug addiction, and mental health services; and with respect to the department of developmental disabilities, a county board of developmental disabilities.
(3) "Federal poverty guidelines" means the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(B) The departments of job and family services, mental health, and developmental disabilities, with their respective local agencies, shall administer the provision of social services funded through grants made under Title XX. The social services furnished with Title XX funds shall be directed at the following goals:
(1) Achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;
(2) Achieving or maintaining self-sufficiency, including reduction or prevention of dependency;
(3) Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;
(4) Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care;
(5) Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.
(C)(1) All federal funds received under Title XX shall be appropriated as follows:
(a) Seventy-two and one-half per cent to the department of job and family services;
(b) Twelve and ninety-three one-hundredths per cent to the department of mental health;
(c) Fourteen and fifty-seven one-hundredths per cent to the department of developmental disabilities.
(2) Each of the state departments shall, subject to the approval of the controlling board, develop a formula for the distribution of the Title XX funds appropriated to the department to its respective local agencies. The formula developed by each state department shall take into account all of the following for each of its respective local agencies:
(a) The total population of the area that is served by the respective local agency;
(b) The percentage of the population in the area served that falls below the federal poverty guidelines;
(c) The respective local agency's history of and ability to utilize Title XX funds.
(3) Each of the state departments shall expend for state administrative costs not more than three per cent of the Title XX funds appropriated to the department.
Each state department shall establish for each of its respective local agencies the maximum percentage of the Title XX funds distributed to the respective local agency that the respective local agency may expend for local administrative costs. The percentage shall be established by rule and shall comply with federal law governing the use of Title XX funds. The rules shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules.
(4) The department of job and family services shall expend for the training of the following not more than two per cent of the Title XX funds appropriated to the department:
(a) Employees of county departments of job and family services;
(b) Providers of services under contract with the state departments' respective local agencies;
(c) Employees of a public children services agency directly engaged in providing Title XX services.
(5) Title XX funds that are distributed for the purpose of providing family planning services shall be awarded to entities by the respective local agencies according to the priority order established in section 5101.101 of the Revised Code.
(D) The department of job and family services shall prepare an annual comprehensive Title XX social services plan on the intended use of Title XX funds. The department shall develop a method for obtaining public comment during the development of the plan and following its completion.
For each federal fiscal year, the department of job and family services shall prepare a report on the actual use of Title XX funds. The department shall make the annual report available for public inspection.
The departments of mental health and developmental disabilities shall prepare and submit to the department of job and family services the portions of each annual plan and report that apply to services for mental health and mental retardation and developmental disabilities. Each respective local agency of the three state departments shall submit information as necessary for the preparation of annual plans and reports.
(E) Each county department of job and family services shall adopt a county profile for the administration and provision of Title XX social services in the county. In developing its county profile, the county department shall take into consideration the comments and recommendations received from the public by the county family services planning committee pursuant to section 329.06 of the Revised Code. As part of its preparation of the county profile, the county department may prepare a local needs report analyzing the need for Title XX social services.
The county department shall submit the county profile to the board of county commissioners for its review. Once the county profile has been approved by the board, the county department shall file a copy of the county profile with the department of job and family services. The department shall approve the county profile if the department determines the profile provides for the Title XX social services to meet the goals specified in division (B) of this section.
(F) Any of the three state departments and their respective local agencies may require that an entity under contract to provide social services with Title XX funds submit to an audit on the basis of alleged misuse or improper accounting of funds. If an audit is required, the social services provider shall reimburse the state department or respective local agency for the cost it incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is responsible for one or more adverse findings, the provider shall reimburse the appropriate state department or its respective local agency the amount of the adverse findings. The amount shall not be reimbursed with Title XX funds received under this section. The three state departments and their respective local agencies may terminate or refuse to enter into a Title XX contract with a social services provider if there are adverse findings in an audit that are the responsibility of the provider.
(G) Except with respect to the matters for which each of the state departments must adopt rules under division (C)(3) of this section, the department of job and family services may adopt any rules it considers necessary to implement and carry out the purposes of this section. Rules governing financial and operational matters of the department or matters between the department and county departments of job and family services shall be adopted as internal management rules in accordance with section 111.15 of the Revised Code. Rules governing eligibility for services, program participation, and other matters pertaining to applicants and participants shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5101.461. (A) As used in this section:
(1) "Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(2) "Title XX" has the same meaning as in section 5101.46 of the Revised Code.
(B) To the extent authorized by federal law, the department of job and family services may use funds received through the Title IV-A temporary assistance for needy families block grant for purposes of providing Title XX social services. The amount used under this section shall not exceed the maximum amount permitted by federal law. The funds and provision of Title XX social services with the funds are not subject to section 5101.46 of the Revised Code.
Funds that are distributed under this section for the purpose of providing family planning services shall be awarded to entities by a county department of job and family services according to the priority order established in section 5101.101 of the Revised Code.
(C) The department and any county department of job and family services may require an entity under contract to provide Title XX social services with funds used under this section to submit to an audit on the basis of alleged misuse or improper accounting of funds. If an audit is required, the social services provider shall reimburse the state department or county department for the cost it incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is responsible for one or more adverse findings, the provider shall reimburse the state department or county department the amount of the adverse findings. The amount shall not be reimbursed with funds received under this section. The state department and county departments may terminate or refuse to enter into a contract with a social services provider to provide services with funds available pursuant to this section if there are adverse findings in an audit that are the responsibility of the provider.
(D) The state department of job and family services may adopt rules to implement and carry out the purposes of this section. Rules governing financial and operational matters of the department or matters between the department and county departments of job and family services shall be adopted as internal management rules in accordance with section 111.15 of the Revised Code. Rules governing eligibility for services, program participation, and other matters pertaining to applicants and participants shall be adopted in accordance with Chapter 119. of the Revised Code.
Section 2.  That existing sections 3701.027, 5101.46, and 5101.461 of the Revised Code are hereby repealed.
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