Ohio § 5101.16

§ 5101.16.

(A) As used in this section and sections 5101.161 and 5101.162 of the Revised Code : (1) “ Disability financial assistance ” means the financial assistance program established under former Chapter 5115. of

the Revised Code. (2) “ Supplemental nutrition assistance program ” means the program administered by the department of job and family services pursuant

to section 5101.54 of the Revised Code . (3) “ Ohio works first ” means the program established by Chapter 5107. of the Revised Code. (4) “ Prevention, retention, and contingency ” means the program established by Chapter 5108. of the Revised Code. (5) “ 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) County administration of disability financial assistance; (g) County administration of the supplemental nutrition assistance program; (h) County administration of medicaid, excluding administrative expenditures for transportation

services covered by the medicaid program. (6) “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 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 county administration of that program 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 the

supplemental nutrition assistance program and medicaid (excluding administrative expenditures

for transportation services covered by the medicaid program) 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 five 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 five 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 of the Revised Code and a sanction under section 5101.24 of the Revised Code .  An increase made pursuant to section 5101.163 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 development services

agency. (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 development

services agency, 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 the supplemental nutrition assistance program and medicaid (excluding administrative

expenditures for transportation services covered by the medicaid program) 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 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.