Make various changes to public assistance benefits programs

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 194

2025-2026

Senator Schaffer

To
amend sections 5101.54, 5101.542, 5101.84, and 5101.98 and to enact
sections 5101.042, 5101.543, 5101.546, 5101.95, and 5101.96 of the
Revised Code
to
make various changes to public assistance benefits programs.

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

Section
1.
That
sections 5101.54, 5101.542, 5101.84, and 5101.98 be amended and
sections 5101.042, 5101.543, 5101.546, 5101.95, and 5101.96 of the
Revised Code be enacted to read as follows:

Sec.
5101.042.
(A)
As used in this section, "public assistance benefits" means
all of the following:

(1)
Supplemental nutrition assistance program benefits;

(2)
Benefits funded in part by the temporary assistance for needy
families block grant;

(3)
Cash assistance provided through the Ohio works first program;

(4)
Benefits provided by the medicaid program;

(5)
Publicly funded child care as defined in section 5104.01 of the
Revised Code.

(B)
The department of job and family services shall update the systems
used by the department and by county departments of job and family
services to determine eligibility for public assistance benefits
programs. The updates shall include a mechanism by which application
information input by individual caseworkers may be tracked and
audited and shall require county departments of job and family
services to provide caseworker training regarding improper
determinations.

Sec.
5101.54.
(A)
The director of job and family services shall administer the
supplemental nutrition assistance program in accordance with the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). The department of
job and family services may:

(1)
Prepare and submit to the secretary of the United States department
of agriculture a plan for the administration of the supplemental
nutrition assistance program;

(2)
Prescribe forms for applications, certificates, reports, records, and
accounts of county departments of job and family services, and other
matters;

(3)
Require such reports and information from each county department of
job and family services as may be necessary and advisable;

(4)
Administer and expend any sums appropriated by the general assembly
for the purposes of the supplemental nutrition assistance program and
all sums paid to the state by the United States as authorized by the
Food and Nutrition Act of 2008;

(5)
Conduct such investigations as are necessary;

(6)
Enter into interagency agreements and cooperate with investigations
conducted by the department of public safety, including providing
information for investigative purposes, exchanging property and
records, passing through federal financial participation, modifying
any agreements with the United States department of agriculture,
providing for the supply, security, and accounting of supplemental
nutrition assistance program benefits for investigative purposes, and
meeting any other requirements necessary for the detection and
deterrence of illegal activities in the supplemental nutrition
assistance program;

(7)
Adopt rules in accordance with Chapter 119. of the Revised Code
governing employment and training requirements of recipients of
supplemental nutrition assistance program benefits, including rules
specifying which recipients are subject to the requirements and
establishing sanctions for failure to satisfy the requirements. The
rules shall be consistent with 7 U.S.C. 2015, including its work and
employment and training requirements, and, to the extent practicable,
shall provide for the recipients to participate in work activities,
developmental activities, and alternative work activities described
in sections 5107.40 to 5107.69 of the Revised Code that are
comparable to programs authorized by 7 U.S.C. 2015(d)(4). The rules
may reference rules adopted under section 5107.05 of the Revised Code
governing work activities, developmental activities, and alternative
work activities described in sections 5107.40 to 5107.69 of the
Revised Code.

(8)
Adopt rules in accordance with section 111.15 of the Revised Code
that are consistent with the Food and Nutrition Act of 2008, the
regulations adopted thereunder, and this section governing the
following:

(a)
Eligibility requirements for the supplemental nutrition assistance
program;

(b)
Sanctions for failure to comply with eligibility requirements;

(c)
Allotment of supplemental nutrition assistance program benefits;

(d)

Referral of noncustodial parents in receipt of supplemental nutrition
assistance program benefits to child support enforcement agencies for
the purpose of establishing a child's parentage and establishing,
modifying, and enforcing a support order for the child;

(e)

To the extent permitted under federal statutes and regulations, a
system under which some or all recipients of supplemental nutrition
assistance program benefits subject to employment and training
requirements established by rules adopted under division (A)(7) of
this section receive the benefits after satisfying the requirements;

(e)
(f)

Administration of the program by county departments of job and family
services;

(f)
(g)

Other requirements necessary for the efficient administration of the
program.

(9)
Submit a plan to the United States secretary of agriculture for the
department of job and family services to operate a simplified
supplemental nutrition assistance program pursuant to 7 U.S.C. 2035
under which requirements governing the Ohio works first program
established under Chapter 5107. of the Revised Code also govern the
supplemental nutrition assistance program in the case of households
receiving supplemental nutrition assistance program benefits and
participating in Ohio works first.

(10)
Collect information on suspicious electronic benefit transfer card
transactions and provide the information to each impacted county
department for analysis and investigation. Such information shall
include transactions of even dollar amounts, full monthly benefit
amounts, multiple same-day transactions, out-of-state transactions,
and any other suspicious trends.

(B)
A household that is entitled to receive supplemental nutrition
assistance program benefits and that is determined to be in immediate
need of nutrition assistance shall receive certification of
eligibility for program benefits, pending verification, within
twenty-four hours, or, if mitigating circumstances occur, within
seventy-two hours, after application, if:

(1)
The results of the application interview indicate that the household
will be eligible upon full verification;

(2)
Information sufficient to confirm the statements in the application
has been obtained from at least one additional source, not a member
of the applicant's household. Such information shall be recorded in
the case file and shall include:

(a)
The name of the person who provided the name of the information
source;

(b)
The name and address of the information source;

(c)
A summary of the information obtained.

The
period of temporary eligibility shall not exceed one month from the
date of certification of temporary eligibility. If eligibility is
established by full verification, benefits shall continue without
interruption as long as eligibility continues.

There
is no limit on the number of times a household may receive expedited
certification of eligibility under this division as long as before
each expedited certification all of the information identified in
division (F)(1) of this section was verified for the household at the
last expedited certification or the household's eligibility was
certified under normal processing standards since the last expedited
certification.

At
the time of application, the county department of job and family
services shall provide to a household described in this division a
list of community assistance programs that provide emergency food.

(C)
Before certifying supplemental nutrition assistance program benefits,
the department shall verify the eligibility of each household in
accordance with division (F) of this section. All applications shall
be approved or denied through full verification within thirty days
from receipt of the application by the county department of job and
family services.

(D)
Nothing in this section shall be construed to prohibit the
certification of households that qualify under federal regulations to
receive supplemental nutrition assistance program benefits without
charge under the Food and Nutrition Act of 2008.

(E)
Any person who applies for the supplemental nutrition assistance
program shall receive a voter registration application under section
3503.10 of the Revised Code.

(F)(1)
In order to verify household eligibility as required by federal
regulations and this section, the department shall, except as
provided in division (F)(2) of this section, verify at least the
following information before certifying supplemental nutrition
assistance program benefits:

(a)
Household composition;

(b)
Identity;

(c)
Citizenship and alien eligibility status;

(d)
Social security numbers;

(e)
State residency status;

(f)
Disability status;

(g)
Gross nonexempt income;

(h)
Utility expenses;

(i)
Medical expenses;

(j)
Enrollment status in other state-administered public assistance
programs within and outside this state;

(k)
Any available information related to potential identity fraud or
identity theft.

(2)
A household's eligibility for supplemental nutrition assistance
program benefits may be certified before all of the information
identified in division (F)(1) of this section is verified if the
household's certification is being expedited under division (B) of
this section.

(3)
On at least a quarterly basis and consistent with federal
regulations, as information is received by a county department of job
and family services, the county department shall review and act on
information identified in division (F)(1) of this section that
indicates a change in circumstances that may affect eligibility, to
the extent such information is available to the department.

(4)
Consistent with federal regulations, as part of the application for
public assistance and before certifying benefits under the
supplemental nutrition assistance program, the department shall
require an applicant, or a person acting on the applicant's behalf,
to verify the identity of the members of the applicant household.

(5)(a)
The department shall sign a memorandum of understanding with any
department, agency, or division as needed to obtain the information
identified in division (F)(1) of this section.

(b)
The department may contract with one or more independent vendors to
provide the information identified in division (F)(1) of this
section.

(c)
Nothing in this section prevents the department or a county
department of job and family services from receiving or reviewing
additional information related to eligibility not identified in this
section or from contracting with one or more independent vendors to
provide additional information not identified in this section.

(6)
The department shall explore joining a multistate cooperative, such
as the national accuracy clearinghouse, to identify individuals
enrolled in public assistance programs outside of this state.

(G)
The department shall use the same criteria to verify gross nonexempt
income from self-employment pursuant to division (F)(1) of this
section as were used during initial certification when:

(1)
Reviewing information pursuant to division (F)(3) of this section
regarding households with income from self-employment;

(2)
Recertifying households with income from self- employment.

(H)
If the department receives information concerning a household
certified to receive supplemental nutrition assistance program
benefits that indicates a change in circumstances that may affect
eligibility, the department shall take action in accordance with
federal regulations, including verifying unclear information,
providing prior written notice of a change or adverse action, and
notifying the household of the right to a fair hearing.

(I)
In the case of suspected fraud, the department shall refer the case
for an administrative disqualification hearing or to the county
prosecutor of the county in which the applicant or recipient resides
for investigation, or both.

(J)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code to implement divisions (F) to (I) of this section.

(K)
Except as prohibited by federal law, the department may assign any of
the duties described in this section to any county department of job
and family services.

Sec.
5101.542.
(A)
Immediately following a county department of job and family services'
certification that a household determined under division (B) of
section 5101.54 of the Revised Code to be in immediate need of
nutrition assistance is eligible for the supplemental nutrition
assistance program, the department of job and family services shall
provide for the household to be sent by regular United States mail an
electronic benefit transfer card containing the amount of benefits
the household is eligible to receive under the program. The card
shall be sent to the member of the household in whose name
application for the supplemental nutrition assistance program was
made or that member's authorized representative.

(B)
Except as provided in division (C) of this section, the department
shall replace any electronic benefit transfer card that is reported
by a household to be lost, stolen, or damaged, within two business
days of receiving notice of the card's condition, in accordance with
7 C.F.R. 274.6(b).

(C)(1)
The department shall implement the option described in 7 C.F.R.
274.6(b)(5) and shall withhold a replacement electronic benefit
transfer card from a household that requests four or more replacement
cards during a twelve-month period until the requirements specified
in 7 C.F.R. 274.6(b)(5) have been satisfied.

(2)
The department shall not withhold a replacement card as described
under division (C)(1) of this section if the individual requesting
the replacement has a disability directly related to the loss of the
card.

(D)
The department shall contract with a third party vendor to establish
a process under the department's existing customer service telephone
hotline that allows individuals to lock an electronic benefit
transfer card that has been lost or stolen.

Sec.
5101.543.
To
ensure program integrity within the supplemental nutrition assistance
program, the department of job and family services shall periodically
monitor the balances of supplemental nutrition assistance program
accounts. If the department discovers an account with a balance that
exceeds five thousand dollars, the department shall take steps to
determine whether the account is inactive and, if inactive, identify
the causes for the accruing balance.

Sec.
5101.546.
Except
as otherwise provided in this section, the department of job and
family services shall not request, apply for, or renew a waiver
authorized by section 6(o)(4) of the "Food and Nutrition Act of
2008," 7 U.S.C. 2015(o)(4).

The
department of job and family services may request or apply for a
waiver described in this section in the event of a state of emergency
declared by the governor.

Sec.
5101.84.
An

(A)
Except as provided in division (B) of this section, an
individual
otherwise ineligible for aid under Chapter 5107. or 5108. of the
Revised Code or supplemental nutrition assistance program benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
because of paragraph (a) of 21 U.S.C. 862a is eligible for the aid or
benefits if the individual meets all other eligibility requirements
for the aid or benefits.

(B)
An individual described in division (A) of this section is ineligible
to participate in the supplemental nutrition assistance program for a
period of three years immediately following completion of all
obligations imposed by a criminal court related to the individual's
felony offense under section 2925.03 of the Revised Code or a similar
offense in another jurisdiction.

Sec.
5101.95.
Not
later than thirty days before submitting a waiver or state plan
amendment relating to a public assistance benefit program to the
appropriate federal entity, the director of job and family services
shall submit a copy of the waiver or state plan amendment to the
speaker of the house of representatives, the president of the senate,
and the chairpersons of the relevant house of representatives and
senate committees with jurisdiction over the subject matter of the
waiver or state plan amendment.

Sec.
5101.96.
The
department of job and family services shall require that all
employees of a county department of job and family services who are
responsible for entering information about an assistance group into
the online public assistance application portal known as "Ohio
benefits" receive training to ensure that complete and proper
information is being collected, entered, and verified prior to an
individual or assistance group's eligibility for public assistance
being determined. The department shall provide initial training to
ensure that all employees required to undergo training under this
section are knowledgeable about the process, procedures, and impacts
of their work. Thereafter, the department shall require additional
training as changes to rules, regulations, systems, and processes
occur.

Sec.
5101.98.
(A)
Quarterly, the department of job and family services shall compile a
report on public assistance programs in this state, including the
following information:

(1)
Regarding the supplemental nutrition assistance program
,
the number of
:

(a)

Accounts

The
number of accounts
with
high balances, as determined by the department;

(b)

Out-of-state

The
number of out-of-state
transactions
,
including the city and state in which the transaction occurred, and
the amount of each out-of-state transaction
;

(c)

Transactions

The
number of transactions
when
the final amount processed was a whole dollar amount without
additional cents
;

(d)
The number of accounts with a transaction in which the final amount
processed was a whole dollar amount without additional cents;

(e)
The number of electronic benefit transfer cards reported lost;

(f)
The number of electronic benefit transfer cards reported stolen;

(g)
The amount of funds that have been stolen through card skimming, card
cloning, or similar fraudulent methods;

(h)
Any enhancements made to electronic benefit transfer cards during the
quarterly period;

(i)
Electronic benefit transfer payment error rates
.

(2)
Regarding public assistance programs in this state, including
medicaid, the supplemental nutrition assistance program, temporary
assistance for needy families, or cash assistance, the number of

the following, itemized separately by program
:

(a)
Payments made in error, and the dollar amount of those payments;

(b)
Work requirement exemptions issued;

(c)
Confirmed cases of intentional program violation and fraud.

(B)

The
department of medicaid shall collaborate with the department of job
and family services to provide all information required under
division (A) of this section that the department of medicaid
oversees.

(C)

The
department
of
job and family services
shall
submit the report to the president of the senate and the speaker of
the house of representatives, who shall distribute the report to the
chairs of any legislative committee with jurisdiction over public
assistance.

Section
2.
That
existing sections 5101.54, 5101.542, 5101.84, and 5101.98 of the
Revised Code are hereby repealed.

Section
3.
Not
later than thirty days after the effective date of this section, the
Department of Job and Family Services shall do both of the following:

(A)
Rescind any approved waiver authorized pursuant to section 6(o)(4) of
the "Food and Nutrition Act of 2008," 7 U.S.C. 2015(o)(4),
that is in effect on the effective date of this section.

(B)
Withdraw any request, application, or renewal of a waiver authorized
pursuant to section 6(o)(4) of the "Food and Nutrition Act of
2008," 7 U.S.C. 2015(o)(4), that is pending before the United
States Department of Agriculture on the effective date of this
section.

Section
4.
(A)(1)
The Director of Job and Family Services shall conduct an analysis of
the public assistance programs administered by the Department of Job
and Family Services, including the funding for those programs, to
identify opportunities to do all of the following:

(a)
Prioritize employment as the primary way to satisfy work requirements
in public assistance programs and make training and education
opportunities secondary objectives;

(b)
Help public assistance recipients obtain meaningful employment;

(c)
Meet local workforce needs.

(2)
As part of its analysis, the Department may consider state and
federal regulations that conflict with the Department's ability to
successfully fulfill the requirements of this section.

(B)
After conducting the analysis described in division (A) of this
section, the Department shall develop a strategic plan to increase
the number of individuals receiving public assistance benefits that
are employed. The plan may include funding recommendations, including
the reallocation of resources related to work supports, work
stabilization services, and infrastructure for individualized case
management in all counties.

(C)
Not later than July 1, 2026, the Department shall prepare and submit
a report to the General Assembly in accordance with section 101.68 of
the Revised Code regarding the analysis conducted and strategic plan
established under this section.