Chapter 5101:9-10 Public Assistance Programs

(A) Pursuant to section 5101.22 of the Revised Code, the Ohio department of job and family services (ODJFS) office of family stability (OFS) has established county department of job and family services (CDJFS) performance measures, standards, goals, and continuous improvement methodologies to improve the administration of OFS programs delivered by a CDJFS. The OFS programs include Ohio works first (OWF), and prevention, retention and contingency (PRC) authorized by temporary assistance for needy families (TANF), disability financial assistance (DFA) and food stamp assistance. Each county will be measured using the same data sets or calculations.

(B) Performance standards define and specify a minimum level of performance that all CDJFS must meet or be subject to paragraph (D) of rule 5101:9-10-02 of the Administrative Code.

(C) Performance goals specify a desired level of CDJFS performance.

(D) ODJFS will use the data published quarterly in the outcome management section (OMS) performance management report to determine CDJFS progress toward meeting annual goals and standards.

(E) The goals and standards for each measure are defined as follows:

(1) Family food stamp benefits receipt rate

(a) The purpose of the family food stamp benefits measure is to determine the number of eligible low income families, with children, who received food stamp benefits.

(b) This measure is the number of low-income households with children receiving food stamp benefits as a percentage of the total number of low income households with children [census 2000 one-hundred-thirty per cent federal poverty level (FPL)].

(c) The standard is set at the top of the lower quartile of county performance as established by measurement of county performance from October 2002 to September 2003. This standard shall be that at least sixty-three per cent of families, with children, at or below one-hundred-thirty per cent of the FPL receive food stamp benefits.

(d) The goal is set at the rate met by the lowest seventy-five per cent of counties as established by measurement of county performance from October 2002 to September 2003. This goal shall be that at least eighty-three per cent of families, with children, at or below one-hundred-thirty per cent of the FPL receive food stamp assistance.

(e) The family food stamp benefits measure is calculated as follows:

(i) Determine the number of families with children with income below one-hundred-thirty per cent of the federal poverty level. This is the denominator.

(ii) Determine the number of food stamp assistance groups with children. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

(2) Federal all-family work participation rate

(a) The purpose of the federal all-family work participation rate is to measure required OWF participants’ engagement in allowable work activities.

(b) This measure is the percentage of OWF assistance groups that meet the federal all-family work participation rate.

(c) The standard is set by federal law, 45 CFR 261.21. This standard shall be that at least fifty per cent of required OWF assistance groups meet federal work requirements.

(d) The goal shall be that at least seventy-five per cent of required OWF assistance groups meet federal participation requirements.

(e) The federal all-family work participation rate is calculated as follows:

(i) Determine the number of OWF assistance groups required to participate in an allowable work activity. This is the denominator.

(ii) Determine the number of OWF assistance groups participating in an allowable work activity for the required number of hours. The required number of hours is federally defined. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

(3) Federal two-parent work participation rate

(a) The purpose of the federal two-parent work participation rate is to measure participation of required participants in two-parent households in federally allowable work activities.

(b) This measure is the percentage of two-parent OWF assistance groups that meet the federal two-parent work participation rate.

(c) The standard is set by federal law, 45 CFR 261.23. This standard shall be that at least ninety per cent of required OWF assistance groups meet federal work requirements.

(d) The goal shall be that at least ninety per cent of required OWF two-parent assistance groups meet federal participation requirements.

(e) The federal two-parent work participation rate is calculated as follows:

(i) Determine the number of OWF two-parent assistance groups required to participate in an allowable work activity. This is the denominator.

(ii) Determine the number of OWF two-parent assistance groups participating in an allowable work activity for the required number of hours. The required number of hours is federally defined. This is the numerator.

(iii) Divide the numerator by the denominator, then multiply by one hundred.

(f) The time period for the rate is yearly, based on the federal fiscal year.

(4) Food stamp payment accuracy

(a) The purpose of the food stamp payment accuracy rate is to measure the accuracy of food stamp payments to eligible food stamp participants.

(b) This measure is the food stamp payment accuracy rate based on the food stamp error rate as calculated pursuant to rule 5101:9-32-01 of the Administrative Code.

(c) The performance standard shall be that at least ninety six per cent of food stamp payments are accurate. The performance standard is set at 1.72 percentage points above the combined average of national food stamp error rates for federal fiscal year two thousand four and federal fiscal year two thousand five. The combined average for federal fiscal year two thousand four and federal fiscal year two thousand five is ninety four and twenty-eight one hundredths per cent.

(d) The county department of job and family services food stamp payment accuracy performance rates shall be based on the food stamp error rates as calculated pursuant to rule 5101:9-32-01 of the Administrative Code.

Effective: 10/09/2006

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5101.22

Prior Effective Dates: 1/1/06, 10/1/06 (Emer)

(A) For purposes of this rule, continuous improvement means a strategy to examine the current county department of job and family services (CDJFS) operations and processes to improve operational efficiencies and effectiveness of Title IV-A of the Social Security Act of 1935, food stamp, or disability financial assistance (DFA) services to clients and customers. It will include steps to maintain and continuously improve results.

(B) CDJFS continuous improvement plans must include the following:

(1) An analysis that determines the causes for not meeting performance.

(2) Identified targets for improving results.

(3) Specified performance improvement strategies or action steps that are based on analysis.

(4) Projected time frames for implementing strategies and achieving results.

(5) Designation of an individual who is responsible to carry out the strategies or steps.

(6) Designated resources necessary to carry out the plan.

(7) Defined strategies to monitor and analyze the implementation, the results, and the accomplishments of the plan.

(8) A defined strategy to continually revise the continuous improvement plan based upon successes and new challenges and to continually assure improved performance.

(9) The elements specified in paragraphs (B)(1) to (B)(8) of this rule may be modified as determined appropriate by the assigned outcome management supervisor subject to Ohio department of job and family services (ODJFS) approval.

(C) Voluntary continuous improvement plans

A CDJFS may develop a voluntary continuous improvement plan on any Title IV-A of the Social Security Act, food stamp, or DFA program for which it seeks improved performance. The CDJFS voluntary continuous improvement plan must comply with the conditions defined in paragraph

(B) of this rule.

(D) Required continuous improvement plans

(1) Beginning January 1, 2006, the CDJFS shall be required to develop and implement continuous improvement plans for Title IV-A of the Social Security Act, food stamp, or DFA program measures as defined in rule 5101:9-10-01 of the Administrative Code, when the CDJFS:

(a) Does not meet a Title IV-A, food stamp, or DFA CDJFS performance standard for the prior measurement year;

(b) Does not meet a Title IV-A, food stamp, or DFA CDJFS performance standard as defined in paragraphs (E)(1) to (E)(3) of rule 5101:9-10-01 of the Administrative Code for two consecutive quarters in the current measurement year; or,

(2) When ODJFS determines that conditions stated in paragraph (D)(1) of this rule exists, ODJFS will issue a notice to the CDJFS director that the CDJFS agency is required to develop and implement a continuous improvement plan pursuant to paragraph (D) of this rule.

(a) Within thirty calendar days of the issuance date of the notice, the CDJFS shall submit a continuous improvement plan to the ODJFS for review, approval, or disapproval by the assigned outcome management supervisor.

(b) Within forty-five calendar days of the issuance of the notice, continuous improvement plans which have been disapproved by the assigned outcome management supervisor shall be revised by the CDJFS and resubmitted to ODJFS for review, approval, or disapproval by the assigned outcome management supervisor.

(c) Within sixty calendar days of the issuance date of the notice, the CDJFS shall implement an ODJFS-approved continuous improvement plan.

(d) Failure to submit an approvable continuous improvement plan and failure to implement an ODJFS-approved continuous improvement plan will invoke corrective action as defined in paragraph (E) of this rule .

(3) CDJFS continuous improvement plans must comply with paragraph (B) of this rule.

(4) The ODJFS-approved CDJFS continuous improvement plan implementation will be reviewed by ODJFS on a quarterly basis.

(5) After two quarters of meeting the standard as determined by ODJFS, the CDJFS continuous improvement plan will not require monitoring by ODJFS.

(6) Requesting a review of a determination that a continuous improvement plan is required as defined in paragraph (D) of this rule:

(a) May occur if a CDJFS has reasonable cause to believe that ODJFS incorrectly calculated data, as specified in rule 5101:9-10-01 of the Administrative Code, or failed to follow procedures as specified in this rule for requiring a continuous improvement plan was made in error, it may request a review of the decision in accordance with the following:

(i) Within thirty days of the issuance of a notice requiring a continuous improvement plan, the CDJFS must submit a letter and supporting documentation to ODJFS.

(ii) The letter and supporting documentation shall demonstrate that there were specific ODJFS errors in the calculation or procedures.

(iii) ODJFS may request additional information from the CDJFS in order to render a decision. The CDJFS will have thirty days to supply additional data if requested by ODJFS.

(iv) Within thirty days of receiving a complete request for review, ODJFS will notify the CDJFS in writing of its findings.

(b) Shall not be a reason to delay development or implementation of a required continuous improvement plan as defined in paragraph (D) of this rule.

(E) Corrective action

(1) A CDJFS that does not develop or implement a continuous improvement plan as defined in paragraph (D) of this rule may be subject to the corrective action requirements as specified in division (B) of section 5101.221 of the Revised Code. The corrective action requirements and consequences for non-compliance are defined in section 5101.221, and section 5101.24 of the Revised Code.

(2) Notwithstanding the provisions in this rule, ODJFS at its sole discretion, may require a CDJFS to develop a corrective action plan in accordance with section 5101.221 and/or section 5101.24 of the Revised Code, and/or in response to a noncompliance finding by another state or federal agency.

(F) Continuous improvement assistance

ODJFS will provide technical assistance at the request of a CDJFS to assist in the development, implementation, and/or evaluation of a continuous improvement plan.

Effective: 10/09/2006

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5101.22

Prior Effective Dates: 1/1/06, 10/1/06 (Emer)

Rescinded eff 10-30-06

Rescinded eff 2-12-07

Rescinded eff 2-02-07

Rescinded eff 8-21-08

Rescinded eff 12-13-07

[This rule designated an internal management rule]

Rescinded eff 11-15-08