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.