Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-2 - Application Process; Verificatio
Section 5101:1-2-60 - Repatriate program
Universal Citation: OH Admin Code 5101:1-2-60
Current through all regulations passed and filed through September 16, 2024
(A) What is the repatriate program?
The United States (U.S.) repatriate program provides temporary financial assistance, care and treatment for persons after they have returned to this country as a result of a reason described in paragraph (C)(3) of this rule.
(B) What is temporary financial assistance?
(1) Temporary financial
assistance is provided in the form of a loan that is required to be repaid to
the U.S. government. It may be furnished to individuals for a period of time in
accordance with paragraph (F) of this rule.
(2) Temporary financial assistance:
(a) Includes cash assistance at the port of
entry when it is determined that the repatriate has no such resources
immediately available to him or her. Assistance provided to the individual
includes:
(i) Transportation costs - a
one-time expense to assist individuals in reaching their place of residence,
the home of relatives, or the place where they will be resettled. The lowest
cost and most direct means of transportation shall be used unless effective
service to the individual calls for providing other accommodations.
Transportation assistance will cover expenses incidental to travel such as
meals and lodging en route and assistance with luggage, checking, storage, or
transportation of personal effects.
(ii) Meals and food items - this includes the
cost of a special diet as recommended by a physician;
(iii) Clothing - an initial supply of
clothing, including coats, boots, shoes, etc.; and
(iv) Shelter - the need for temporary housing
should not exceed five days from the point of entry.
(b) Shall be nominal in amount if the
repatriate's needs for temporary shelter and food are being met on a congregate
basis, with cash provided only for personal items.
(c) Includes the cost of necessary medical
assistance, including payment of the cost of medical and hospital care that is
necessary because of the condition of an eligible repatriate's health.
(i) This care shall be paid in accordance
with the Ohio department of medicaid (ODM) fee schedule.
(ii) In lieu of the ODM fee schedule, the
customary fees paid by other third-party groups such as health maintenance
organizations may be paid.
(d) Shall be based upon the Ohio works first
(OWF) payment standard for the family assistance group size. The maximum amount
of assistance that an individual may be eligible to receive each month of the
ninety-day period is to be based on the appropriate OWF standard for the family
assistance group size. There are other essential needs that may be provided
such as household furnishings to make a home livable and to provide for the
safety, health and welfare of the repatriate and the repatriate's family. These
needs can be authorized one time only.
(C) Who is eligible for assistance under the repatriate program?
In order for an individual to be eligible for assistance under the repatriate program, he or she shall meet the following:
(1) Eligibility must be certified by the U.S.
department of state.
(2) The
individual shall be a U.S. citizen or a dependent of a U.S. citizen including
the following:
(a) Spouse;
(b) Parents;
(c) Spouse's parents;
(d) Grandparents;
(e) Unmarried minor children including
adopted children and stepchildren;
(f) Unmarried adult children who are
dependent because they have disabilities, including adopted children and
stepchildren; and
(g) Minor
siblings of the U.S. citizen and his or her spouse.
(3) The individual shall be returning to the
U.S. from a foreign country as a result of:
(a) Destitution;
(b) Illness (including a mental disability);
or
(c) War, threat of war or
similar crisis.
(4) The
individual has no income or resources immediately available for living expenses
as described in paragraph (D) of this rule.
(D) What are the income and resource eligibility requirements?
(1) Assistance for
repatriated U.S. citizens shall be given when the individual's liquid resources
are at or below the maximum resource limits as set forth in rule
5101:4-4-01
of the Administrative Code and the income is insufficient to meet the expenses
for food, clothing, shelter, medical care, and other essential needs.
(2) Resources to be considered are only those
immediately accessible. Resources are considered immediately accessible when
they are in existence, under the control of the individual, and when the
individual can utilize them. The fact that an individual may have resources in
a foreign country does not affect eligibility if the foreign country prohibits
their removal.
(3) Income
eligibility must be determined. The individual may have income through an
employer prior to his or her repatriation. When this occurs, the income and
eligibility calculation shall be determined in accordance with rule
5101:1-23-20
of the Administrative Code.
(E) How does the repatriate program work?
(1) The U.S. department of state certifies
who qualifies for assistance under this program.
(2) If an individual returns to the U.S.
because of destitution or illness and needs assistance, the U.S. department of
state will notify the office of refugee resettlement (ORR) in the department of
health and human services (DHHS), who makes a referral to the international
social service-United States of America branch, incorporated (ISS-USA) with
information about the individual situation, arrival time and final
destination.
(3) The ISS-USA will
provide the Ohio department of job and family services (ODJFS) with this
information.
(4) ODJFS shall
contact the county agency in the county of final destination.
(5) Following such notification, the county
agency shall take the following actions:
(a)
Determine the initial housing needed.
(i)
Contact any known relatives or friends to identify potential housing;
or
(ii) Check with the domestic
violence and homeless shelters; or
(iii) If arrival occurs before housing plans
can be arranged, a temporary hotel or motel may be used.
(b) Make plans to meet the repatriate and the
repatriate's family. In most instances, this will be at the local
airport.
(c) Coordinate a
psychiatric evaluation, if necessary.
(d) Advise the ISS-USA and ODJFS of the name,
address and telephone number of the person meeting the repatriate and of the
housing arrangements.
(e) Provide
each repatriate with a copy of the "Welcome Package" provided by ISS-USA that
is located at http://www.iss-usa.org/services/repatriation
which explains the program and the requirements to repay the federal government
for the cost of services received.
(f) The individual will also be asked to
complete the repatriation program consent form that is located at
http://www.iss-usa.org/services/repatriation
which allows the ORR, and the repatriation program to collect, have access to,
and disclose protected health information for the purpose of making program
financial decisions.
(g) Establish
a case record.
(h) Determine the
repatriate's ability to repay as set forth in paragraph (G) of this rule and
develop a repayment plan when possible.
(i) Determine eligibility for repatriate
assistance and authorize financial and medical assistance in the form of county
money payments.
(j) Refer all cases
to the county agency social service area for counseling and referral for
employment, referral for educational opportunities, occupational retraining,
housing services, legal services, child care and protection, if indicated.
Other services may also be necessary to help the repatriate and his or her
family adapt to the changes in their circumstances and to become
self-supporting as quickly as possible.
(k) Explore eligibility for other programs
such as OWF, medicaid, and supplemental nutrition assistance program
(SNAP).
(l) Maintain a record of
the period of eligibility and the amounts of the assistance the repatriate
receives in two categories:
(i) Port of entry
assistance (expenses at port of entry); and
(ii) Subsistence and resettlement assistance
(initial expenses for resettling).
(F) How long can an individual receive assistance under the repatriate program?
(1)
The assistance described in paragraph (B)(2)(a) of this rule may be authorized
for a period of up to ninety days from the day of arrival of the eligible
person into the U.S., provided the individual or family is not eligible for OWF
or supplemental security income (SSI). If the ninety-day period passes and
there is no request for further assistance, the repatriate is no longer
eligible under this program.
(2) If
the repatriate is not eligible for assistance through OWF or SSI and is unable
to attain self-support due to age, disability, or lack of vocational training,
repatriate assistance may be extended for an additional nine months when
authorized by the ISS-USA.
(3) The
county agency shall submit any request for an extension to ODJFS, as soon as
the need for additional assistance is recognized. The request for additional
repatriate assistance shall be submitted prior to the expiration of the initial
ninety-day period of eligibility.
(4) All requests for an extension of
temporary assistance beyond the ninety-day period shall include the following
information:
(a) The names of all family
members, their country of citizenship, and their relationship to the U.S.
citizen;
(b) Date and port of entry
into the U.S.;
(c) Documentation
regarding why the family is not eligible for or receiving OWF or SSI
assistance;
(d) For cases where
immigration status precludes a family from meeting eligibility for OWF
assistance, the county agency shall document its efforts to resolve U.S.
citizenship and immigration barriers;
(e) A statement describing the job search
efforts of the head or heads of household; and
(f) Any special circumstances which describe
the reasons why an individual or family is unable to achieve self-support
should also be stated in the request.
(G) Is repayment required for individuals who receive assistance under the repatriate program?
(1) An individual who has received repatriate
assistance shall be required to repay any or all of the cost of such assistance
to the U.S. A cooperative agreement exists between the ORR and the ISS-USA. A
county agency who provides assistance to eligible individuals under the
repatriate program will receive reimbursement from the ISS-USA.
(2) The county agency shall evaluate the
repatriate's ability to repay during the initial contact and interview. The
repatriate shall be required to sign the "Privacy Act Repayment Agreement Form"
that is located at http://www.iss-usa.org/services/repatriation
regardless of his or her ability to repay or the county agency recommendation
to waive the repayment. The county agency shall forward the recommendation
regarding financial ability of the repatriate to make repayment, the
repatriation program consent form if signed, and the "Privacy Act Repayment
Agreement Form" to ISS-USA within ten business days of the initial contact with
the repatriate.
(3) In exploring
the repatriate's ability to repay, the county agency shall take into account
income and resources currently available to the repatriate and those resources
which may be available in the future.
(4) Ability to repay will be considered to
exist when income and/or resources in excess of continuing needs can be
expected to become readily available to the individual within one year after
self-support is attained. It is not intended that an individual deplete income
and/or resources which are needed to become independent or to maintain
independence in order to repay the federal government. Income and/or resources
are to be considered readily available when they are in existence, under the
control of the repatriate, and sufficient to be drawn upon for repayment. When
exploring the repatriate's ability to repay, such factors as the type of usual
occupation, amount of indebtedness, and employment history shall be
considered.
(5) Assistance that is
less than fifty dollars is not required to be repaid.
(H) What are the other requirements under the repatriate program?
(1) In the event of
emergency repatriation situations that result from the U.S. department of
state-assisted evacuation of U.S. citizens from a country due to crisis or
natural disaster, the ORR will assume administrative responsibilities. These
situations will generally be handled by the ORR as the lead agency responsible
for arranging through state agencies for the reception, temporary care, and
onward transportation to the final destination of non-combatant evacuees
returned to the U.S. from a foreign country.
(2) Financial assistance under the repatriate
program is subject to one hundred per cent federal reimbursement. It is
essential that the county agency submit claims as soon as possible after the
end of each month, but no later than ten business days after the close of the
month. If claims cannot be submitted within the time frame designated, the
county agency shall notify ISS-USA so that regulations can be followed to
assure that federal funds will be obligated and available to pay the claim when
it is received.
(3) The county
agency is required to keep separate accounts for the repatriate program so that
the transactions may be readily identifiable from those of other programs. A
separate fiscal record should be established and maintained for each person for
whom expenditures are made with sufficient information, including copies of
bills paid and receipts, to enable the county agency to identify and support
the costs for which reimbursement is requested.
(4) All hearing rights in accordance with
division 5101:6 of the Administrative Code are to be afforded to applicants or
recipients of the repatriate assistance program who wish to appeal a decision
made by the county agency.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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