Chapter 5101:9-32 Food Stamps

5101:9-32-01 Food assistance: quality assessment review process.

(A) Review process

(1) The Ohio department of job and family services (ODJFS) shall select a random sample of active food assistance cases for quality assessment review from each county, each month in accordance with sampling procedures prescribed in the 7 CFR 275.11 . The active cases selected are reviewed to determine whether the household was eligible for the month under review, and whether the household was receiving the correct level of benefits. This eligibility determination is based on an examination and verification of all elements of the household's eligibility including income, resources, and allowable deductions.

(2) ODJFS, in accordance with rule 5101:9-32-03 of the Administrative Code, will reporterror findings to the county department of job and family services ( CDJFS). The CDJFS may appeal error findings in accordance with rule 5101:9-32-03 of the Administrative Code.

(3) Monthly reports indicating each CDJFS' cumulative error rate, determined by dividing the sum of error dollars by the sum of food assistance dollars issued in the sample of reviews completed in each county, are posted on the ODJFS innerweb at: http://innerweb/ofs/BPI/00QAqa.shtml [File Link Not Available].

Effective: 12/01/2011
Promulgated Under: 111.15
Statutory Authority: 5101.22
Rule Amplifies: 5101.22
Prior Effective Dates: 10/1/06 (Emer), 10/9/06

5101:9-32-03 Food assistance: quality assessment findings.

(A) Upon completion of a food assistance quality assessment review, as described in rule 5101:9-32-01 of the Administrative Code, any review findings are transmitted by the Ohio department of job and family services(ODJFS) to the county department of job and family services (CDJFS) on the JFS 04194, "Quality Control Case Finding" (rev. 05/2003). Either box A or box B will be checked on the JFS 04194 indicating the type of information being conveyed to the CDJFS. The CDJFS will not be notified if there are no error findings for the case under review, or if there is no other information to report to the CDJFS concerning the review.

(1) Box A is checked to report to the CDJFS any error affecting review month eligibility or erroneous negative action discovered in the quality assessment review. Listed on the form will be errors found, an explanation of how the conclusions were reached, and the manual citation being used in the determination of each error. Box A is also used to report to the CDJFS those reviews that have not been completed due to the inability to locate the client or the client's unwillingness to cooperate with the review.

(2) Box B is checked to report to the CDJFS any pertinent case information other than an error finding that was discovered during the review process. Box B will also be checked when reporting to the CDJFS reviews not completed due to erroneous selection, or to report the CDJFS use of improper procedures in processing the case.

(B) If a CDJFS disagrees with an error finding, the CDJFS may complete a JFS 04195, "County Response to Quality Control Case Finding" (rev. 09/2011) which is attached to the JFS 04194 transmitted to the CDJFS, and return it to the appropriate office within ODJFS by the date specified on the JFS 04194 which is fifteen days from the transmission date of the JFS 04194. The CDJFS may be granted a five day extension if the request is made within fifteen days of the transmission date, or if just cause is found for the late submittal. The request for extension would also be directed to the appropriate office within ODJFS. The CDJFS must indicate on the JFS 04195 their reason for disagreeing with the error finding and attach any documentation available to support their position. If the JFS 04195 is not received with fifteen days, or within any extension period granted, ODJFS will conclude the CDJFS agrees with the error finding.

(C) Within five business days of receipt of the JFS 04195. ODJFS will review the information and documentation provided, determine whether the finding should be reversed or retained, and notify the CDJFS, by letter, of this determination and the reason for the determination.

(D) If the CDJFS continues to disagree with the error finding and requests further consideration, the CDJFS must submit the request by letter within five business days to "Unit Chief, Food Assistance Monitoring Section, Bureau of Program Integrity, Office of Fiscal & Monitoring Services, ODJFS" along with any supporting documentation. Within five business days of receipt of the request, ODJFS will review the information provided, determine whether the finding should be reversed or retained, and notify the CDJFS by letter of this determination and the reason for the determination.

Effective: 12/01/2011
Promulgated Under: 111.15
Statutory Authority: 5101.22
Rule Amplifies: 5101.22
Prior Effective Dates: 10/1/06 (Emer), 10/9/06

5101:9-32-10 Food assistance: federal incentives or sanctions as a result of the quality assessment review.

(A) Incentive distribution process

If Ohio's food assistance quality assessment payment error rate results in Ohio being the recipient of a United States department of agriculture (USDA) bonus payment or incentive, the bonus payment or incentive will be distributed to the county department of job and family services (CDJFS) in accordance with the quality assessment review process established in rule 5101:9-32-01 of the Administrative Code.

(B) Sanction distribution process

If Ohio's food assistance quality assessment payment error rate exceeds standards prescribed in 7 CFR 275.23 by the USDA food and nutrition service, the state is subject to a federal sanction. If a federal sanction liability is imposed on Ohio, the sanction liability will be distributed by the Ohio department of job and family services (ODJFS) to each CDJFS that, in accordance with the quality assessment review process established in rule 5101:9-32-01 of the Administrative Code, is identified by ODJFS as being solely or partially responsible for the federal sanction liability.

Effective: 12/01/2011
Promulgated Under: 111.15
Statutory Authority: 5101.22
Rule Amplifies: 5101.22
Prior Effective Dates: 10/1/06 (Emer), 10/9/06