COMMENT DUE DATE:
August 19, 2019
DATE:
August 8, 2019
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 19-03
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 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5. Non-Financial Eligibility Criteria
Part 3. Special Households
340:50-5-29 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
340:50-5-45 [AMENDED]
340:50-5-101 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
340:50-7-1 [AMENDED]
Part 3. Income
340:50-7-29 [AMENDED]
340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
340:50-9-5 [AMENDED]
(Reference WF 19-03)
SUMMARY:
The proposed revision to Chapter 50, Subchapter 5 amends the rules to: (1) update shelter deduction information to allow for a new standard homeless shelter deduction or an excess shelter deduction when a homeless household claims shelter expenses; (2) add examples of allowable homeless shelter costs; (3) add clarifying language regarding the definition of students and student exemptions; (4) restructure student eligibility information to better match federal regulations regarding persons classified as students and student exemptions; (5) update employment and training programs in which students are exempt from student eligibility restrictions to align with recent federal regulation changes; and (6) reduce the percentage of able-bodied adults without dependents (ABAWD) that may be exempted from work requirements based on federal guidance.
The proposed revisions to Chapter 50, Subchapter 7 amends the rules to: (1) define and count substantial lottery or gambling winnings as countable resources and explain how a household may regain eligibility following benefit closure; (2) update shelter deduction information for homeless households to allow for a new standard homeless shelter deduction or an excess shelter deduction; (3) explain how eligibility for an excess shelter deduction is determined; (4) add language regarding how the homeless shelter deduction or excess shelter deduction is applied when there are ineligible household members; and (5) exclude prescribed medical marijuana as an allowable medical deduction.
The proposed revisions to Chapter 50, Subchapter 9 amends the rule to add a household requirement to report substantial lottery or gambling winnings within 10-calendar days of receipt and that such a verified change may close food benefits between renewal periods.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested in to update shelter deduction information to allow for a new standard homeless shelter deduction or an excess shelter deduction for homeless households with shelter expenses is submitted as emergency rules to comply with a United States Department of Agriculture (USDA) informational memo issued in February, 2019, regarding changes to Section 4004 of the Agriculture Improvement Act of 2018, Section 2014 of Title 7 of the United States Code (7 U.S.C. § 2014), to make the current option to provide a shelter deduction to homeless households that are not receiving free shelter throughout the month and do not opt to claim an excess shelter deduction mandatory for all States.
The proposed amendments are submitted as emergency rules to comply with implementation of federal regulations issued in April, 2019, and a USDA Informational Memo Regarding Implementation of Section 4009 of the Agricultural Act of 2014 issued in June, 2019 to:(1) update employment and training programs in which students are exempt from student eligibility restrictions; and (2) define and count substantial lottery or gambling winnings as countable resources and explain how a household may regain resource eligibility following benefit closure and add a household requirement to report substantial lottery or gambling winnings within 10-calendar days of receipt andthat such a verified change may close food benefits between renewal periods.
The proposed amendment to reduce the percentage of able-bodied adults without dependents that may be exempted from work requirements is submitted as an emergency rule to comply with a USDA informational memo regarding Section 4005 of the Agriculture Improvement Act of 2018, issued in March 2019.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Sections 272.17, 273.5, 273.9, 273.11 and 273.12 of Title 7 of the Code of Federal Regulations (C.F.R);7 U.S.C. § 2014, Informational Memos Regarding Section 4009 of the Agricultural Act of 2014 and Sections 4004 and 4005 of the Agriculture Improvement Act of 2018.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Patrick Klein,Director
Adult and Family Services
Date:July 22, 2019
Re:CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5. Non-Financial Eligibility Criteria
Part 3. Special Households
340:50-5-29 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
340:50-5-45 [AMENDED]
340:50-5-101 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
340:50-7-1 [AMENDED]
Part 3. Income
340:50-7-29 [AMENDED]
340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
340:50-9-5 [AMENDED]
(Reference WF 19-03)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed revision to Chapter 50, Subchapter 5 amend the rules to: (1) update shelter deduction information to allow for a new standard homeless shelter deduction or an excess shelter deduction when a homeless household claims shelter expenses; (2) add examples of allowable homeless shelter costs; (3) add clarifying language regarding the definition of students and student exemptions; (4) restructure student eligibility information to better match federal regulations regarding persons classified as students and student exemptions; (5) update employment and training programs in which students are exempt from student eligibility restrictions to align with recent federal regulation changes; and (6) reduce the percentage of able-bodied adults without dependents (ABAWD) that may be exempted from work requirements based on federal guidance.
The proposed revisions to Chapter 50, Subchapter 7 amend the rule to: (1) define and count substantial lottery or gambling winnings as countable resources and explain how a household may regain eligibility following benefit closure; (2) update shelter deduction information for homeless households to allow for a new standard homeless shelter deduction or an excess shelter deduction; (3) explain how eligibility for an excess shelter deduction is determined; (4) add language regarding how the homeless shelter deduction or excess shelter deduction is applied when there are ineligible household members; and (5) exclude prescribed medical marijuana as an allowable medical deduction.
The proposed revisions to Chapter 50, Subchapter 9 amend the rule to add a household requirement to report substantial lottery or gambling winnings within 10-calendar days of receipt and that such a verified change may close food benefits between renewal periods.
Strategic Plan Impact. The proposed rules achieve Oklahoma Department of Human Services (DHS)goals by continuously improving systems and processes and improving communication with DHS clients and staff.
Substantive changes.
Subchapter 5. Non-Financial Eligibility Criteria
Part 3. Special Households
Oklahoma Administrative Code (OAC) 340:50-5-29 is amended to: (1) update shelter deduction information to allow for a new standard homeless shelter deduction or an excess shelter deduction when a homeless household claims shelter expenses; and (2) add examples of allowable homeless shelter costs.
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-45 is amended to: (1) add clarifying language on regarding the definition of students and student exemptions; (2) restructure student eligibility information to better match federal regulations regarding persons classified as students and student exemptions; and (3) update employment and training programs in which students are exempt from student eligibility restrictions to comply with recent federal regulation changes.
OAC 340:50-5-101 is amended to reduce the percentage of able-bodied adults without dependents that may be exempted from work requirements based on federal guidance.
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources considered
OAC 340:50-7-1 is amended to define and count substantial lottery or gambling winnings as countable resources and explain how a household may regain resource eligibility following benefit closure.
Part 3. Income
OAC 340:50-7-29 is amended to add language regarding how the homeless shelter deduction or the excess shelter deduction is applied when there is an ineligible household member.
OAC 340:50-7-31 is amended to (1) exclude prescribed medical marijuana as an allowable medical expense; (2) update shelter deduction information for homeless households to allow for a new standard homeless shelter deduction or an excess shelter deduction; (3) explain how eligibility for an excess shelter deduction is determined; and (4) add language regarding how the homeless shelter deduction or excess shelter deduction is applied when there are ineligible household members.
Subchapter 9. Eligibility and Benefit Determination Procedures.
OAC 340:50-9-5 is amended to add a household requirement to report substantial lottery or gambling winnings within 10-calendar days of receipt andthat such a verified change may close food benefits between renewal periods.
Reasons.
The proposed amendment to update shelter deduction information to allow for a new standard homeless shelter deduction or an excess shelter deduction for homeless households with shelter expenses is submitted as emergency rules to comply with a United States Department of Agriculture (USDA) informational memo issued in February 2019 regarding changes to Section 4004 of the Agriculture Improvement Act of 2018, Section 2014 of Title 7 of the United States Code (7 U.S.C. § 2014), to make the current option to provide a shelter deduction to homeless households that are not receiving free shelter throughout the month and do not opt to claim an excess shelter deduction mandatory for all States.
The following proposed amendments are submitted as emergency rules to comply with implementation of federal regulations issued in April 2019 and a USDA Informational Memo Regarding Implementation of Section 4009 of the Agricultural Act of 2014 issued in June 2019:
update employment and training programs in which students are exempt from student eligibility restrictions;
define and count substantial lottery or gambling winnings as countable resources and explain how a household may regain resource eligibility following benefit closure and add a household requirement to report substantial lottery or gambling winnings within 10-calendar days of receipt andthat such a verified change may close food benefits between renewal periods.
The proposed amendment to reduce the percentage of able-bodied adults without dependents that may be exempted from work requirements is submitted as an emergency rule to comply with a USDA informational memo regarding Section 4005 of the Agriculture Improvement Act of 2018 issued in March 2019.
Repercussions.
If the proposed revisions are not implemented, DHS will be out of compliance with recent federal regulation changes which may lead to increased federal errors.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Sections 272.17, 273.5, 273.9, 273.11 and 273.12 of Title 7 of the Code of Federal Regulations (C.F.R); 7 U.S.C. § 2014, Informational Memos Regarding Section 4009 of the Agricultural Act of 2014 and Sections 4004 and 4005 of the Agriculture Improvement Act of 2018.
Emergency rulemaking approval is requested to comply with recently issued federal regulation changes.
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 households applying for or receiving SNAP food benefits and Adult and Family Services (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 households applying for or receiving SNAP benefits 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 probable cost to DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will keep DHS in compliance with federal regulations, may result in enhanced delivery of services to homeless households and students applying for or receiving SNAP benefits, and may result in benefit closure for households with substantial lottery or gambling winnings.
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:Implementation of the proposed rules may result in increased benefits to homeless households and students and will keep DHS in compliance with federal regulations.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, there may be a detrimental effect on the health of households applying for or receiving SNAP benefits because rules will not be in compliance with certain federal regulationsand staff may not process benefits as quickly and accurately as possible.Failure to issue correct benefit amounts may lead to under issuance of client benefits or overpayments the client must repay.
K.The date the rule impact statement was prepared and, if modified, the date modified:The rule impact statement was prepared on July 22, 2019.
