COMMENT DUE DATE:
July 17, 2017
DATE:
July 6, 2017
Laura Brown, Adult and Family Services 405-521-4396
Dena Thayer, Programs Administrator, 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 17-18
The proposed policy is Emergency . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is emergency.
SUBJECT:Chapter 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-1 [AMENDED]
(Reference WF 17-18)
SUMMARY: The proposed revisions to Chapter 65, Subchapter 5 amend the rules to: (1) add taglines and rule citations; (2) update change reporting requirements for Child Care Subsidy and Supplemental Nutrition Assistance Program (SNAP); (3) update reasons advance notice is not required for a Child Care Subsidy closure; (4) update information regarding when Child Care Subsidy and SNAP benefits may be reduced; and (5) add clarifying information.
EMERGENCY APPROVAL:is requestedeffective October 1, 2017 to align with Child Care Subsidy rules that must meet the federal deadline for implementation of P.L. 113-186.
LEGAL AUTHORITY:Director of Human Services; and Sections 162 and 168 of Title 56 of the Oklahoma Statutes, CCDBG Act of 2014 [P.L. 113-186],and Sections 98.21 of Title 45 of the Code of Federal Regulations.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby,Director
Adult and Family Services
Date:June 29, 2017
Re:Chapter 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-1 [AMENDED]
(Reference WF 17-18)
Contact: Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 65, Subchapter 5 amend the rules to: (1) add taglines and rule citations; (2) update change reporting requirements for Child Care Subsidy and Supplemental Nutrition Assistance Program (SNAP); (3) update reasons advance notice is not required for a Child Care Subsidy closure; (4) update information regarding when Child Care Subsidy and SNAP benefits may be reduced; and (5) add clarifying information.
Strategic Plan Impact. The proposed rules achieve DHSgoals by continuously improving systems and processes and improving communication with DHS clients and staff.
Substantive changes.
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
Oklahoma Administrative Code (OAC) 340:65-5-1 is amended to: (1) add taglines and rule citations; (2) update change reporting requirements for Child Care Subsidy and Supplemental Nutrition Assistance Program (SNAP); (3) update reasons advance notice is not required for a Child Care Subsidy closure; (4) update information regarding when Child Care Subsidy and SNAP benefits may be reduced; and (5) add clarifying information.
Reasons. The proposed revisions adds taglines and clarifies information to provide clients and staff with clear, concise, and updated rules to facilitate the accurate delivery of benefits and services to persons who are in need.
Information regarding the Child Care Subsidy Programs change reporting requirements and when benefits may be reduced is updated to align with Child Care Subsidy emergency rule revisions.Child Care Subsidy rules are updated to comply with provisions in the Child Care and Development Block Grant (CCDBG) Act of 2014, Public .Law (P.L.) 113-186.
Repercussions. If the proposed revisions are not implemented, rules will not align with Child Care Subsidy rule revisions which may affect correct eligibility determinations.
Legal authority.Director of Human Services; and Sections 162 and 168 of Title 56 of the Oklahoma Statutes, CCDBG Act of 2014 [P.L. 113-186],and Sections 98.21 of Title 45 of the Code of Federal Regulations.
Emergency rulemaking approval is requested effective October 1, 2017 to align with Child Care Subsidy rules that must meet the federal deadline for implementation of P.L. 113-186.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are clients receiving benefits administered by Adult and Family Services (AFS) and AFS staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are clients receiving benefits administered by AFS and AFS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The estimated cost for implementation of the proposed Chapter 40 Child Care Subsidy emergency rules is $7,294,032, which will be covered by federal funds.The probable cost to DHS for implementing the proposed Chapter 65 revisions includes the cost of printing and distributing the rules estimated to be less than $20.The revised rules will result in enhanced delivery of services for clients.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:
The proposed Child Care Subsidy change reporting requirement and prohibition to decreasing child care benefits when the renewal is not due rule protects the health and safety of children by allowing children to remain eligible for subsidized child care for longer periods of time.This may prevent some children from being left at home alone or with unsuitable caregivers while the parent(s) work.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed Child Care Subsidy rule revisions are not implemented,. DHS will be out-of-compliance with federal requirements which may result in penalties that further exacerbate limited child care funding and will not decrease safety risks to children who lose stable and licensed child care.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 1, 2017
SUBCHAPTER 5. PROCEDURES RELATING TO CASE CHANGES
PART 1. GENERAL PROVISIONS
340:65-5-1. Case changes
Revised 6-1-1310-1-17
(a) Change reporting requirement for Temporary Assistance for Needy Families (TANF), State Supplemental Payment (SSP), and SoonerCare (Medicaid).Theclient Recipients of TANF, SSP, and SoonerCare (Medicaid) for the aged, blind, and disabled must report within 10-calendar days any changes in his or her circumstances that would result in an increase or decrease in increases, decreases, or closes benefits.For the Supplemental Nutrition Assistance Program (SNAP), refer to OAC 340:50-9-5 for reporting exceptions.¢ 1
(1) The worker:
(A) gives the client 10-calendar days to provide any required proof to verify the reported change.The worker promptly; and
(B) acts on changes that increase, or decrease reduce, or close benefits or result in benefit closure.To be considered prompt, the change must be made within 10-calendar days of the date the change was is reported and required proof was received.¢ 21
(2) Failure to report changes timely may result in an a client error overpayment assessment against the client.¢ 32
(3) Examples of changes the client must report include:
(1)(A) household income;¢ 43
(2)(B) household resources;¢ 54
(3)(C) household composition;¢ 65
(4)(D) the client's address or telephone number;¢ 76
(5)(E) legal alien status of non-citizens;¢ 87
(6)(F) insurance coverage per OAC 317:35-5-43;¢ 9 and
(7)(G) in addition, for the Temporary Assistance for Needy Families (TANF) program:
(A)(i) deprivation of parental support per OAC 340:10-10-1 through 340:10-10-4;¢ 10
(B)(ii) when the TANF Work activity stops or starts per OAC 340:10-2-1 through 340:10-2-8; and¢ 11 and
(C)(iii) when a child in the assistance unit stops attending school per OAC 340:10-13-1;¢ 12 and
(8) in addition for the Child Care Subsidy program, the:¢ 13
(A) names of household members in child care;
(B) reason child care is needed;
(C) the parent's or caretaker's work or school schedule or any other change affecting the days and hours child care is needed; and
(D) name of the child care facility the child is attending.
(b) Change reporting for the Supplemental Nutrition Assistance Program (SNAP).SNAP has three categories of households with different change reporting responsibilities; annual reporters, semi-annual reporters, and change reporters.Refer to Oklahoma Administrative Code (OAC) 340:50-9-5 for change reporting requirements.¢ 8
(c) Change reporting for the Child Care Subsidy Program.Child care subsidy recipients must report income changes within 10-calendar days when the household's gross income exceeds federal income guidelines for the household size per OAC 340:40-9-2(a).Refer to Oklahoma Department of Human Services (DHS) Appendix C-4, Child Care Eligibility/Copayment Chart, Schedule II for the federal exit income threshold.¢ 9
(b)(d) Change processing deadline. After certification, all reported changes, except those reported prior to certification, must be processed by deadline dates shown on per Oklahoma Department of Human Services (OKDHS) DHS Appendix B-2, Deadlines for Case Actions, to be effective the first day of the month following the deadline date.
(1)(e) Notices.A computer-generated notice is sent to advise the client of any increase or decrease in when the action taken increases, reduces, suspends, or closes benefits.A computer-generated notice is not sent when the action taken does not affect the benefit level.
(2)(1) Advance notice is required when the action taken reduces, closes, or suspends benefits for a reason other than those listed under (b)(3) per (2) of this Section subsection.When advance notice is required, refer to DHS Appendix B-2 for advance notice deadline dates shown in OKDHS Appendix B-2, Schedule I apply.
(3)(2) When advance notice is not required, refer to DHS Appendix B-2 non-advance notice deadline dates shown in OKDHS Appendix B-2, Schedule II apply.Advance notice of action is not required when the action taken does not suspend, close, or reduce benefits, or is because of when:
(A) the death of all members included in the benefit die;
(B) the death of the TANF payee when dies and there is not a relative available to serve as a new payee;
(C) transfer of benefits are transferred from one category of assistance to another without a resulting decrease or interruption in benefits such as changing from disability to aged benefits;¢ 1410
(D) approval of care is approved in a skilled nursing facility or an intermediate nursing care facility resulting in that requires closure of the person's State Supplemental Payment (SSP) benefit or the SoonerCare (Medicaid) Qualifying Individuals - group 1 (QI-1s) benefit;
(E) the household moves out of state;
(F) an automatic increase in income occurs because of federal legislation, such as a cost-of-living increase to all beneficiaries of Social Security, Supplemental Security Income, Railroad Retirement, or Veterans' benefits;
(G) admission of the client is admitted to a public institution where his or her needs are fully supplied;
(H) receipt of a the client provides a signed, written statement signed by the client:
(i) stating he or she no longer wishes to receive assistance; or
(ii) requesting closure or reduction of benefits to avoid or repay an overpayment;
(I) the client's whereabouts being are unknown. and OKDHS This may occur when DHS mail directed to him or her has been the client is returned by the post office indicating no known forwarding address. for all Adult and Family Services (AFS) programs except the Supplemental Nutrition Assistance Program (SNAP) and Child Care Subsidy benefits are not closed for this reason;¢ 1511
(J) a TANF child being is removed from the home as a result because of a judicial determination or voluntarily placed in voluntary foster care placement by the legal guardian for a period in excess of for more than 30-calendar days;
(K) a change occurs in state or federal law;
(L) a reduction in SSP benefits necessary must be reduced to comply with federal law pertaining to maintenance of effort or a state mandate;¢ 1612 or
(M) a verbal request, child care services no longer being used, a child reaching the maximum allowable age, the client requests the closure or decrease of the child care benefit or a change in child care provider for the Child Care Subsidy program per OAC 340:40-9-2 and 340:40-9-3.
(c)(f) Reinstating or reopening benefits.Following the Within 30-calendar days of notice issuance of a notice, the client may present proof to show the action is incorrect and request reduced benefits be reinstated or closed benefits be reopened at the previous benefit level until the last calendar day of the month of closure due to an incorrect action or a change in circumstances.¢ 1413
(1) When information shows benefits were reduced and the worker determines the client remains eligible at:
(A) the previous benefit level, the worker restores benefits to the previous benefit level for all Adult and Family Services (AFS) programs.;
(2)(B) When information shows the client remains eligible at an increased benefit level, benefits are increased based on specific program rules.; or ¢ 17
(C) a reduced level than the last action taken, the worker reduces benefits further:
(i) effective the next advance notice deadline date for TANF, SSP, and SoonerCare (Medicaid);
(ii) when the renewal is due for Child Care Subsidy and SNAP.When the renewal is not due:
(I) benefits are not reduced for Child Care Subsidy per OAC 340:40-9-2(a); or
(II) reduced in limited circumstances for SNAP.Refer to OAC 340:50-9-5 for appropriate circumstances.
(3)(2) When For TANF, SSP, and SoonerCare (Medicaid), when benefits were closed or suspended and proof provided shows the client remains eligible, but at a reduced benefit level, benefits are reopened using current eligibility information.; ¢ 1814 and
(4) When benefits were reduced and proof provided shows the client is eligible, but at a reduced level than the last action taken, the worker reduces benefits further using deadline dates shown in OKDHS Appendix B-2, Schedule I.
(3) When Child Care Subsidy benefits are reopened and the renewal is not due, benefits are not reduced below the benefit level at closure.Child care benefits may only be reduced at renewal per OAC 340:40-9-2(a).
(4) When SNAP benefits are reopened and the benefit renewal is not due, benefits may only be reduced in limited circumstances.Refer to OAC 340:50-9-5 for appropriate circumstances.
(d)(g) Fair hearing information.When the client requests a fair hearing at the same time he or she requests benefits be reinstated, or requests a hearing at a later date within 90-calendar days of the date action is taken for SNAP, or 30-calendar days for all other AFS programs, the worker follows fair hearing procedures per OAC 340:2-5 and explains if benefits are continued and the appeal is not decided in the client's favor, he or she is expected to repay the benefits.
(1) When the client requests a fair hearing within 10-calendar days following the notice issuance date of the notice and requests benefits be reinstated at the same benefit level pending the outcome of the hearing, the worker reopens benefits at the same benefit level and explains to the client if the appeal is not decided in the client's favor, he or she is expected to repay the benefits.Benefits remain open unless another change occurs before a hearing decision is made that requires benefits be reduced or closed.¢ 1915
(2) When the client requests a does not request the fair hearing regarding the action more than within 10-calendar days following the issuance of the notice date of the notice, the worker does not restore benefits unless the client provides information provided shows verifying the client remains eligible at the previous benefit level, the worker determines an incorrect action was taken, or if the hearing is decided in the client's favor.¢ 2016
(3) Per OAC 340:2-5, the OKDHS DHS Legal Services Appeals Unit makes a decision regarding the fair hearing and sends a decision letter of decision to the client and the county office.
(A) The worker is responsible for taking the action needed to carry out the hearing decision of the OKDHS Appeals Unit.¢ 2117
(B) If the OKDHS Appeals Unit denies the appeal When benefits were reinstated or reopened and the hearing decision is not in the client's favor, benefits are continued through the end of the month in which the final decision on the fair hearing is reached and an overpayment referral is sent to AFS Benefit Integrity and Recovery, when appropriate.
INSTRUCTIONS TO STAFF 340:65-5-1
Revised 12-1-1510-1-17
1.Per Oklahoma Administrative Code (OAC) 340:50-9-5, changes to Supplemental Nutrition Assistance Program (SNAP) food benefits made in months other than the mid-certification renewal or certification renewal month may not affect the benefit amount.The worker processes the change and the computer system determines when benefits are increased, decreased, or remain the same.
2.The worker is responsible for updating the applicable Family Assistance/Client Services (FACS) tabs and recording a brief explanation of the action taken and reason for taking the action in FACS Case Notes.In addition to rules in this Instruction Section, rules regarding refer to Oklahoma Administrative Code (OAC) 317:35-7-36 for SoonerCare (Medicaid) case changes are located at:
(1) OAC 340:40-9-2 for the Child Care Subsidy program;
(2) OAC 317:35-7-36 for the SoonerCare (Medicaid) program; and
(3) OAC 340:50-9-5 for SNAP.
32.Overpayment procedure rules are located at:
(1) OAC 340:65-9 for the Temporary Assistance for Needy Families (TANF) and State Supplemental Payment (SSP) programs;
(2) OAC 340:40-15 for the Child Care Subsidy program;
(3) OAC 317:35-13-5 for the SoonerCare (Medicaid) program; and
(4) OAC 340:50-15 for the Supplemental Nutrition Assistance Program (SNAP).
43.Income Refer to income rules are located at:
(1) OAC 340:10-3-26 through 340:10-3-40 for the TANF program;
(2) OAC 340:15-1-4, 340:15-1-6, and 317:35-7-38 for the SSP program; and
(3) OAC 340:40-7-10 through 340:40-7-13 for the Child Care Subsidy program;
(4)OAC 317:35-5-42 for the populations related to the aged, blind, and disabled (ABD), including long term care; and
(5) OAC 340:50-7-22 through 340:50-7-31 for SNAP.
54.Resource Refer to resource rules are located at:
(1) OAC 340:10-3-1 through 340:10-3-10 for the TANF program;
(2) OAC 340:15-1-14 and 317:35-7-38 for the SSP program; and
(3) OAC 340:40-7-5 for the Child Care Subsidy program;
(4)OAC 317:35-5-41 through 317:35-5-41.11 for populations related to ABD and OAC 317:35-17-10 and 317:35-19-20 for the long term care population for the SoonerCare (Medicaid) program; and
(5) OAC 340:50-7-1 for SNAP.
65.(a) Rules regarding who must, may, and must not be included in Refer to household composition are located rules at:
(1) OAC 340:10-3-56 and 340:10-3-57 for the TANF program;
(2) OAC 340:15-1-5 and 317:35-7-36 for the SSP program; and
(3) OAC 340:40-7-6 for the Child Care Subsidy program;
(4) OAC 317:35-7-36 for the population related to ABD and OAC 317:35-17-9 and 317:35-19-20 for the long term care population for the SoonerCare (Medicaid) program; and
(5) OAC 340:50-5-1 through 340:50-5-10.1 for SNAP.
(b) For TANF, when the client requests benefits for an additional person prior to certification, a new application is not needed.The client must complete a new application when he or she requests benefits for an additional person after certification.
(1) To evaluate an additional person's eligibility, the worker first determines if the person is required to be included in the assistance unit per OAC 340:10-3-56.
(A) When the person must be included, the worker completes the TANF renewal for the rest of the assistance unit at the same time.
(B) When the person is not required to be included in the assistance unit and including the person will decrease the TANF benefit, the client may choose not to include the person.The worker is responsible for informing the client of his or her options.
(C) After certification, when the client chooses not to include the person or the person is not eligible for another reason, the worker sends Form 08MP038E, Client Notice of Action Taken, to inform the client of the denial.
(2) When the additional member is eligible, the worker adds the person to the TANF benefit effective the date of request.
(A) When the additional person increases the TANF benefit, the worker prorates the initial month's supplemental benefits per OAC 340:65-3-5(5).
(B) When the additional person must be included and has countable income that reduces the TANF benefit, the worker adds the person and reduces the TANF benefit effective the first day of the month following the advance-notice deadline date on per Oklahoma Department of Human Services (DHS) Appendix B-2, Schedule I, Deadlines for Case Actions.
(C) When the additional person must be included and causes the assistance unit to no longer be eligible for TANF benefits, the worker closes the TANF benefit effective the first day of the month following the advance-notice deadline date on per DHS Appendix B-2, Schedule I.
(3) The worker is responsible for updating the applicable FACS tabs and recording in FACS Case Notes the date the client requested benefits for the additional person, when the person moved into the household, details about the person's eligibility, and how the person affects the benefit amount for the assistance unit.
(c) For TANF, when the client reports that a person included in the assistance unit left the home, the worker removes the person's needs effective the first day of the month following the advance-notice deadline date on per DHS Appendix B-2, Schedule I.When the person dies, the worker removes the person effective the date of death, using reason code 01 and sends Form 08MP038E to the remaining when other household members are included in the benefit.
(d) For all programs, when the client reports a household member's name changed, the worker updates the person's name in FACS after the client provides the person's Social Security card showing the correct name.
(e) When after certification a person not included in the assistance unit asks to be made payee for the TANF benefit, the person must complete a new application and the worker must review household eligibility before making the change.The worker documents the new circumstances in FACS Case Notes, including why the current payee must be removed.The new payee must have a certain degree of relationship to the child for whom benefits are requested per OAC 340:10-3-56 and 340:10-9-1.
(f) For rules regarding who can be payee for programs other than TANF, refer to:
(1) OAC 340:65-3-2 for the SSP program;
(2) OAC 340:40-3-1 and 340:65-3-2 for the Child Care Subsidy program;
(3) OAC 317:35-7-15 and 340:65-3-2 for the SoonerCare (Medicaid) program; and
(4) OAC 340:50-3-1 and 340:65-3-2 for SNAP.
76.When the client moves to another county, refer to OAC 340:65-1-3 Instructions to Staff # 1(e) for transfer procedures.
87.For rules regarding legal alien status of non-citizens, refer to:
(1) OAC 340:65-3-1 for all programs;
(2) OAC 340:10-15-1 for the TANF program; and
(3) OAC 340:40-7-5 for the Child Care Subsidy program;
(4) OAC 317:35-5-25 for the SoonerCare (Medicaid) program; and
(5) OAC 340:50-5-67 for SNAP.
9.Refer to OAC 317:35-5-43 for TANF, SSP, and SoonerCare (Medicaid) insurance coverage rules.
10.Refer to OAC 340:10-10-1 through 340:10-10-4 for TANF deprivation rules.
11.Refer to OAC 340:10-2-1 through 340:10-2-8 for TANF Work participation rules.
12.Refer to OAC 340:13-1 for TANF school attendance rules.
13.Refer to OAC 340:40-9-2 for Child Care Subsidy change rules.
8.For SNAP, refer to:
(1) OAC 340:50-7-22 through 340:50-7-29 for income rules;
(2) OAC 340:50-7-1 for resource rules;
(3) OAC 340:50-5-1 through 340:50-5-10.1 for household composition rules; and
(4) OAC 340:50-5-67 for legal alien status of non-citizens rules.
9.For Child Care Subsidy, refer to:
(1) OAC 340:40-7-10 through 340:40-7-13 for income rules;
(2) OAC 340:40-7-5 for resource and legal alien status of non-citizen rules; and
(3) OAC 340:40-7-6 for household composition rules.
1410.When a person transfers from a TANF benefit to SSP, an advance notice is almost always required because the public assistance benefit for that person decreases.An advance notice is not required when the TANF cash assistance amount remains the same or increases.
1511.Per OAC 340:50-9-5 for SNAP and OAC 340:40-9-2 for Child Care Subsidy, the worker does not close SNAP benefits because of returned mail during a non-report month between renewal months.The worker enters a FACS case note regarding the returned mail and inquires about the client's current address at mid-certification renewal or certification renewal.
1612.DHS may adjust the SSP benefit one or more times during the year to ensure DHS does not spend more or less on the program than was spent the previous year.DHS sends a special notice to the client and a broadcast message to staff when an adjustment is made.
1713.For rules regarding reopening or reinstating benefits, refer to:
(1) OAC 340:65-5-6 for the TANF and SSP programs;
(2) OAC 340:40-9-2 for the Child Care Subsidy program; and
(3) OAC 340:50-9-5 for SNAP.
1814.Using current eligibility information means the effective date of the reopen action that decreases benefits is the same effective date as would have occurred had the benefit remained open.
1915The worker notifies the hearing officer of actions taken while a hearing decision is pending.
2017.When, within 30-calendar days of closure, the worker reopens the client's benefit without a gap in benefits because the client provides information within 30-calendar days of the closure of a reconsideration of administrative action per OAC 340:65-5-6, the worker attaches a cover letter to the fair hearing request to notify the DHS Legal Services Appeals Unit that benefits were reopened.Per OAC 340:2-5-70(c), the DHS Appeals Unit dismisses the fair hearing request when DHS withdraws the action the client appealed and restores benefits.
2118.When the appeal is not decided in the client's favor, the worker sends Form 08MP038E to the client explaining the action taken.
