Bill Text: OH SB321 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To set the countable resource limit for the Residential State Supplement program at $2,000.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-01 - To Finance [SB321 Detail]

Download: Ohio-2013-SB321-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 321

Senator Tavares 

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A BILL

To amend section 5119.41 of the Revised Code to set

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the countable resource limit for the Residential

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State Supplement program at $2,000.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5119.41 of the Revised Code be	4
amended to read as follows:	5

Sec. 5119.41.  (A) As used in this section and section	6
5119.411 of the Revised Code:	7

(1) "Nursing facility" has the same meaning as in section	8
5165.01 of the Revised Code.	9

(2) "Residential state supplement administrative agency"	10
means the department of mental health and addiction services or,	11
if the department designates an entity under division (C) of this	12
section for a particular area, the designated entity.	13

(3) "Residential state supplement program" means the program	14
administered pursuant to this section.	15

(B) The department of mental health and addiction services	16
shall implement the residential state supplement program under	17
which the state supplements the supplemental security income	18
payments received by aged, blind, or disabled adults under Title	19
XVI of the "Social Security Act," 42 U.S.C. 1381 et seq.	20
Residential state supplement payments shall be used for the	21
provision of accommodations, supervision, and personal care	22
services to social security, supplemental security income, and	23
social security disability insurance recipients who the department	24
determines are at risk of needing institutional care.	25

(C) In implementing the program, the department may designate	26
one or more entities to be responsible for providing	27
administrative services regarding the program. The department may	28
designate an entity to be a residential state supplement	29
administrative agency under this division either by entering into	30
a contract with the entity to serve in that capacity or by	31
otherwise delegating to the entity the responsibility to serve in	32
that capacity.	33

(D) For an individual to be eligible for residential state	34
supplement payments, all of the following must be the case:	35

(1) Except as provided by division (H) of this section, the	36
individual must reside in one of the following:	37

(a) A residential care facility licensed by the department of	38
health under Chapter 3721. of the Revised Code or an assisted	39
living program as defined in section 5111.89 of the Revised Code;	40

(b) A residential facility as defined in division (A)(9)(b)	41
of section 5119.34 of the Revised Code licensed by the department	42
of mental health and addiction services;	43

(c) An apartment or room used to provide community mental	44
health housing services certified by the department of mental	45
health and addiction services under section 5119.36 of the Revised	46
Code and approved by a board of alcohol, drug addiction, and	47
mental health services under division (A)(14) of section 340.03 of	48
the Revised Code.	49

(2) A residential state supplement administrative agency must	50
have determined that the environment in which the individual will	51
be living while receiving the payments is appropriate for the	52
individual's needs. If the individual is eligible for social	53
security payments, supplemental security income payments, or	54
social security disability insurance benefits because of a mental	55
disability, the residential state supplement administrative agency	56
shall refer the individual to a community mental health services	57
provider for an assessment under division (A) of section 340.091	58
of the Revised Code.	59

(3) The individual must have countable resources not	60
exceeding two thousand dollars.	61

(4) The individual satisfiesmust satisfy all eligibility	62
requirements established by rules adopted under division (E) of	63
this section.	64

(E) The director of mental health and addiction services and	65
medicaid director shall adopt rules in accordance with section	66
111.15 of the Revised Code as necessary to implement the	67
residential state supplement program.	68

To the extent permitted by Title XVI of the "Social Security	69
Act," and any other provision of federal law, the medicaid	70
director may adopt rules establishing standards for adjusting the	71
eligibility requirements concerning the level of impairment a	72
person must have so that the amount appropriated for the program	73
by the general assembly is adequate for the number of eligible	74
individuals. The rules shall not limit the eligibility of disabled	75
persons solely on a basis classifying disabilities as physical or	76
mental. The medicaid director also may adopt rules that establish	77
eligibility standards for aged, blind, or disabled individuals who	78
reside in one of the homes or facilities specified in division	79
(D)(1) of this section but who, because of their income, do not	80
receive supplemental security income payments. The rules may	81
provide that these individuals may include individuals who receive	82
other types of benefits, including, social security payments or	83
social security disability insurance benefits provided under Title	84
II of the "Social Security Act," 42 U.S.C. 401, et seq.	85
Notwithstanding division (B) of this section, such payments may be	86
made if funds are available for them.	87

The director of mental health and addiction services may	88
adopt rules establishing the method to be used to determine the	89
amount an eligible individual will receive under the program. The	90
amount the general assembly appropriates for the program may be a	91
factor included in the method that director establishes.	92

(F) The county department of job and family services of the	93
county in which an applicant for the residential state supplement	94
program resides shall determine whether the applicant meets income	95
and resource requirements for the program.	96

(G) The department of mental health and addiction services	97
shall maintain a waiting list of any individuals eligible for	98
payments under this section but not receiving them because moneys	99
appropriated to the department for the purposes of this section	100
are insufficient to make payments to all eligible individuals. An	101
individual may apply to be placed on the waiting list even though	102
the individual does not reside in one of the homes or facilities	103
specified in division (D)(1) of this section at the time of	104
application. The director of mental health and addiction services,	105
by rules adopted in accordance with Chapter 119. of the Revised	106
Code, may specify procedures and requirements for placing an	107
individual on the waiting list and priorities for the order in	108
which individuals placed on the waiting list are to begin to	109
receive residential state supplement payments. The rules	110
specifying priorities may give priority to individuals placed on	111
the waiting list on or after July 1, 2006, who receive social	112
security payments, social security disability insurance, or	113
supplemental security income benefits under Title XVI of the	114
"Social Security Act," 42 U.S.C. 1381, et seq. The rules shall not	115
affect the place on the waiting list of any person who was on the	116
list on July 1, 2006. The rules specifying priorities may also set	117
additional priorities based on living arrangement, such as whether	118
an individual resides in a facility listed in division (D)(1) of	119
this section or has been admitted to a nursing facility.	120

(H) An individual in a licensed or certified living	121
arrangement receiving state supplementation on November 15, 1990,	122
under former section 5101.531 of the Revised Code shall not become	123
ineligible for payments under this section solely by reason of the	124
individual's living arrangement as long as the individual remains	125
in the living arrangement in which the individual resided on	126
November 15, 1990.	127

(I) The county department of job and family services from	128
which the person is receiving benefits shall notify each person	129
denied approval for payments under this section of the person's	130
right to a hearing. On request, the hearing shall be provided in	131
accordance with Chapter 119. of the Revised Code.	132

Section 2. That existing section 5119.41 of the Revised Code	133
is hereby repealed.	134