2006 Ohio Revised Code - 5101.16. County share of public assistance expenditures; crediting of federal reimbursement.

§ 5101.16. County share of public assistance expenditures; crediting of federal reimbursement.
 

(A)  As used in this section and sections 5101.161 and 5101.162 [5101.16.1 and 5101.16.2] of the Revised Code: 

(1) "Disability financial assistance" means the financial assistance program established under Chapter 5115. of the Revised Code. 

(2) "Disability medical assistance" means the medical assistance program established under Chapter 5115. of the Revised Code. 

(3) "Food stamps" means the program administered by the department of job and family services pursuant to section 5101.54 of the Revised Code. 

(4) "Medicaid" means the medical assistance program established by Chapter 5111. of the Revised Code, excluding transportation services provided under that chapter. 

(5) "Ohio works first" means the program established by Chapter 5107. of the Revised Code. 

(6) "Prevention, retention, and contingency" means the program established by Chapter 5108. of the Revised Code. 

(7) "Public assistance expenditures" means expenditures for all of the following: 

(a) Ohio works first; 

(b) County administration of Ohio works first; 

(c) Prevention, retention, and contingency; 

(d) County administration of prevention, retention, and contingency; 

(e) Disability financial assistance; 

(f) Disability medical assistance; 

(g) County administration of disability financial assistance; 

(h) County administration of disability medical assistance; 

(i) County administration of food stamps; 

(j) County administration of medicaid. 

(8) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code. 

(B)  Each board of county commissioners shall pay the county share of public assistance expenditures in accordance with section 5101.161 [5101.16.1] of the Revised Code. Except as provided in division (C) of this section, a county's share of public assistance expenditures is the sum of all of the following for state fiscal year 1998 and each state fiscal year thereafter: 

(1) The amount that is twenty-five per cent of the county's total expenditures for disability financial assistance and disability medical assistance and county administration of those programs during the state fiscal year ending in the previous calendar year that the department of job and family services determines are allowable. 

(2) The amount that is ten per cent, or other percentage determined under division (D) of this section, of the county's total expenditures for county administration of food stamps and medicaid during the state fiscal year ending in the previous calendar year that the department determines are allowable, less the amount of federal reimbursement credited to the county under division (E) of this section for the state fiscal year ending in the previous calendar year; 

(3) A percentage of the actual amount of the county share of program and administrative expenditures during federal fiscal year 1994 for assistance and services, other than child care, provided under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those titles existed prior to the enactment of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105. The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section. 

(C) (1)  If a county's share of public assistance expenditures determined under division (B) of this section for a state fiscal year exceeds one hundred ten per cent of the county's share for those expenditures for the immediately preceding state fiscal year, the department of job and family services shall reduce the county's share for expenditures under divisions (B)(1) and (2) of this section so that the total of the county's share for expenditures under division (B) of this section equals one hundred ten per cent of the county's share of those expenditures for the immediately preceding state fiscal year. 

(2) A county's share of public assistance expenditures determined under division (B) of this section may be increased pursuant to section 5101.163 [5101.16.3] of the Revised Code and a sanction under section 5101.24 of the Revised Code. An increase made pursuant to section 5101.163 [5101.16.3] of the Revised Code may cause the county's share to exceed the limit established by division (C)(1) of this section. 

(D) (1)  If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and division (D)(2) of this section does not apply to the county, the percentage to be used for the purpose of division (B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the per capita tax duplicate of the county and the denominator is the per capita tax duplicate of the state as a whole. The department of job and family services shall compute the per capita tax duplicate for the state and for each county by dividing the tax duplicate for the most recent available year by the current estimate of population prepared by the department of development. 

(2) If the percentage of families in a county with an annual income of less than three thousand dollars is greater than the percentage of such families in the state and division (D)(1) of this section does not apply to the county, the percentage to be used for the purpose of division (B)(2) of this section is the product of ten multiplied by a fraction of which the numerator is the percentage of families in the state with an annual income of less than three thousand dollars a year and the denominator is the percentage of such families in the county. The department of job and family services shall compute the percentage of families with an annual income of less than three thousand dollars for the state and for each county by multiplying the most recent estimate of such families published by the department of development, by a fraction, the numerator of which is the estimate of average annual personal income published by the bureau of economic analysis of the United States department of commerce for the year on which the census estimate is based and the denominator of which is the most recent such estimate published by the bureau. 

(3) If the per capita tax duplicate of a county is less than the per capita tax duplicate of the state as a whole and the percentage of families in the county with an annual income of less than three thousand dollars is greater than the percentage of such families in the state, the percentage to be used for the purpose of division (B)(2) of this section shall be determined as follows: 

(a) Multiply ten by the fraction determined under division (D)(1) of this section; 

(b) Multiply the product determined under division (D)(3)(a) of this section by the fraction determined under division (D)(2) of this section. 

(4) The department of job and family services shall determine, for each county, the percentage to be used for the purpose of division (B)(2) of this section not later than the first day of July of the year preceding the state fiscal year for which the percentage is used. 

(E)  The department of job and family services shall credit to a county the amount of federal reimbursement the department receives from the United States departments of agriculture and health and human services for the county's expenditures for administration of food stamps and medicaid that the department determines are allowable administrative expenditures. 

(F) (1)  The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code to establish all of the following: 

(a) The method the department is to use to change a county's share of public assistance expenditures determined under division (B) of this section as provided in division (C) of this section; 

(b) The allocation methodology and formula the department will use to determine the amount of funds to credit to a county under this section; 

(c) The method the department will use to change the payment of the county share of public assistance expenditures from a calendar-year basis to a state fiscal year basis; 

(d) The percentage to be used for the purpose of division (B)(3) of this section, which shall, except as provided in section 5101.163 [5101.16.3] of the Revised Code, meet both of the following requirements: 

(i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent; 

(ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7). 

(e) Other procedures and requirements necessary to implement this section. 

(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management. 
 

HISTORY: 131 v 1206 (Eff 7-1-66); 134 v S 485 (Eff 10-18-72); 135 v H 1 (Eff 3-22-73); 135 v S 318 (Eff 1-1-74); 138 v H 204 (Eff 7-30-79); 139 v H 536 (Eff 8-12-82); 141 v H 238 (Eff 7-1-85); 142 v H 171 (Eff 1-1-88); 142 v H 231 (Eff 10-5-87); 142 v S 386 (Eff 3-29-88); 142 v H 708 (Eff 4-19-88); 144 v H 298 (Eff 7-26-91); 144 v H 276 (Eff 10-11-91); 146 v H 249 (Eff 7-17-95); 146 v H 167 (Eff 11-30-96); 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 6-30-99); 148 v H 471. Eff 7-1-2000; 150 v H 95, § 1, eff. 6-26-03; 150 v H 11, § 1, eff. 5-18-05; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 5101.16 (GC § 1841; 106 v 558; Bureau of Code Revision, 10-1-53), repealed 125 v 823(892), § 2, eff 7-1-54.

 

Effect of Amendments

151 v H 66, effective September 29, 2005, in (C)(2), inserted "section 5101.163 of the Revised Code and", and added the last sentence; and inserted the exception in the introductory language of (F)(1)(d). 

150 v H 11, effective May 18, 2005, in (B)(3), substituted "child care" for "child day-care". 

H.B. 95, Acts 2003, effective June 26, 2003, in (A)(1), inserted "financial," deleted "and medical" preceding "assistance," and substituted "program established" for "provided"; inserted (A)(2) and redesignated the remaining subdivisions accordingly; inserted "financial" in present (A)(7)(e) and (g); redesignated (A)(7)(f), (g), and (h) as (A)(7)(g), (i), and (j); inserted (A)(7)(f) and (h); added (A)(8); in (B)(1), inserted "financial assistance and disability medical," and substituted "those programs" for "disability assistance"; in (B)(3), substituted "A percentage of" for "Except as provided in division (B)(3)(b) of this section," deleted "as determined by the department of job and family services from expenditure reports submitted to the United States department of health and human services" following "actual amount," and added the last sentence; deleted (B)(3)(b); redesignated the introductory paragraph of (F) as present (F)(1); redesignated former (F)(1) through (F)(3) as present (F)(1)(a) through (F)(1)(c); redesignated former (F)(4) as (F)(1)(e); and inserted (F)(1)(d) and added (F)(2).