COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 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 19-10
The proposed policy is Permanent . 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 permanent.
A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 14. Conditions Of Eligibility - Immunizations
340:10-14-1 [AMENDED]
(Reference WF 19-10)
SUMMARY:The proposed amendments to Chapter 10, Subchapter 14 amend the rule to:(1) change the form used to exempt children from required immunizations to the Oklahoma State Department of Health (OSDH) official form; (2) clarify that good cause is determined by OSDH; and (3) add legal and rule citations.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Sections 162, 230.52, 230.56, and 230.65 of Title 56 of the Oklahoma Statues, and Section 608 of Title 42 of the United States Code.
Rule Impact Statement
To:Programs Administrator
Legal Services - Policy
From:Patrick Klein,Director
Adult and Family Services
Date:December 14, 2018
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 14. Conditions Of Eligibility - Immunizations
340:10-14-1 [AMENDED]
(Reference WF 19-10)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 10, Subchapter 14 amend the rule to:(1) change the form used to exempt children from required immunizations to the Oklahoma State Department of Health (OSDH) official form; (2) clarify that good cause is determined by OSDH; and (3) add legal and rule citations.
Strategic Plan Impact.
The proposed amendments 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 14. Conditions Of Eligibility - Immunizations
Oklahoma Administrative Code 340:10-14-1 is amended to:(1) change the form used to exempt children from required immunizations to the OSDH official form; (2) clarify that good cause is determined by OSDH; and (3) add legal and rule citations.
Reasons.
The proposed amendment to change the form used to exempt children from required immunizations is made to avoid duplication because the OSDH form is the official form used by school systems and licensed child care facilities to exempt children from required immunizations.
Repercussions.
If the proposed amendment isnot implemented, TANF clients may be required to obtain two immunization exemption forms; one for TANF and one for the child's school and/or child care facility.
Legal authority.
Director of Human Services; Sections 162, 230.52, 230.56, and 230.65 of Title 56 of the Oklahoma Statues, and Section 608 of Title 42 of the United States Code.
Permanent rulemaking approval is requested.
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 amendments are households applying for or receiving TANF cash assistance benefits and DHS 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 TANF and DHS 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 proposed amendments do not have an economic impact on the affected entities.There are no fee changes associated with the proposed amendments.
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 estimated to be less than $20. The proposed amendments will result in enhanced delivery of services by standardizing DHS processes related to education and training and may decrease DHS TANF Work participation rate errors.
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 amendments 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 amendments.
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 amendments.
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 amendments are not designed to reduce significant risks to the public health safety and environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendment is not implemented, detrimental effects on the public health, safety, and environment are not anticipated.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on June 20, 2019; modified December 14, 2018.
SUBCHAPTER 14. CONDITIONS OF ELIGIBILITY - IMMUNIZATIONS
340:10-14-1. Immunizations
Revised 6-1-119-16-19
(a) Scope.Sections 230.52, 230.56, and 230.65 of Title 56 of the Oklahoma Statutes and Section 608 of Title 42 of the United States Code address Temporary Assistance for Needy Families (TANF) recipients' responsibility to immunize their children.Immunization of minor children two months of age orand older is a variable condition of eligibility that must be addressed before certification and, at renewal.The parent or caretaker relative must provide proof ofthat each child is current immunizationon age- appropriate immunizations within 90-calendar days of certification orand when additional immunizations become due in the future unless he or she requestrequests and, is approved for a good cause exemption, per (b) of this Section.Refer to the Oklahoma State Department of Health (OSDH) website at www.ok.gov/health/ for current immunization schedules and vaccination information.¢ 1Proof of immunization includes providing a copy of the vaccination record issued by the local health official or a licensed physician.¢ 2
(1) IfWhen the minor child attends a licensed child care center or home or a parochial, private, or public school, proof of current immunization is not required as each of these entities require proof of immunization or a signed certificate of exemptionOSDH Form 216-A, Certificate of Exemption, on file with the Oklahoma State Department of Health (OSDH) as a condition of attendance.¢ 3
(2) When required, if the child does not attend a facility per (a)(1) of this Section and parent or caretaker relativethe client fails to provide proof of current immunization within 90-calendar days without good cause, the worker reduces the TANF cash assistance must be reduced by 25%percent of the payment standard, per Oklahoma Administrative Code 340:10-3-57(g).¢43The worker removes the 25%percent penalty the next effective date after the parent or caretaker relativeclient provides proof of current immunization.¢ 4
(b) Good cause.A parent or caretaker relative canThe client may request good cause because of the child's medical condition of the child, the religious affiliation of the child,immunizations are contrary to the child's religion, or the client's personal objection of the parent or caretaker relative.
(1)GoodBefore good cause ismay be approved,when athe client must return a completed Form 216-A, signed by:
(1)(A) a physician certifies on Form 08TA017E, Immunization Certificate of Exemption, certifying that there is a medical contraindication;
(2)(B) a religious leader, parent, or caretaker relative,certifies on Form 08TA017Ecertifying that immunizations are contrary to the teachings of the child's religion; or
(3)(C) the parent or caretaker relative,certifies on Form 08TA017Ecertifying that immunizations are contrary to the parent's or care relative's beliefs of the parent or caretaker relative.
(2) When the worker receives a completed Form 216-A, he or she sends the form to the OSDH address on the form for a good cause determination.Good cause is not approved until OSDH returns an approved Form 216-A to the worker.¢ 5
INSTRUCTIONS TO STAFF 340:10-14-1
Revised 6-1-119-16-19
1.A hyperlink is available to the Oklahoma State Department of Health (OSDH) "Information about Vaccines for Children, Adolescents, and Adults" page under Temporary Assistance for Needy Families (TANF)/Immunization Schedule on the Adult and Family Services Job Function page.The worker can view anIncluded on the page is the current Childhood Immunization Schedule showing at what ages vaccinations are due,on the Family Support Services Division (FSSD) Temporary Assistance for Needy Families (TANF) web page under TANF Web Linksthe Recommended Immunizations for Children 7-18 Years Old, information about vaccines, and the laws regarding vaccination.
2.When it is determinedthe worker determines that a child does not have the required immunizations or is not current, the worker makes a referralhe or she refers the parent or caretaker relative to the child's primary care provider or to the Oklahoma State Department of Health (OSDH)local county health department.OSDH has outreach workers to assist families and can provide immunizations without charge.
3.Upon certification, entries must be made onthe worker enters a "Y" for "immunizations current," an "N" for "immunizations not current," or a "P" for "immunizations pending," in the immunizations field of the Household tab onin the Family Assistance/Client Services (FACS), showing immunization status of each child included in the cash assistanceand documents each child's status in FACS case notes.
(1)All children codedThe worker uses the "P" for immunization pending or "N" for immunization not current are shown on County Worker Activity (CWA) report 62, until the worker changes the immunization code to "Y" for immunization current or "G" for good causecode, when the:
(A) child is scheduled or will be scheduled to have his or her immunizations updated within the next 90-calendar days;
(B) client is staggering the child's immunizations over a longer period of time to prevent the possibility of a vaccine injury.In this instance, the client must provide documentation from the child's doctor verifying this plan and a schedule detailing when the child's immunizations are expected to be current;
(C) client is delaying the child's immunizations because another household member has a serious illness and immunizing the child could compromise the household member's health.In this instance, the client must provide documentation from the household member's doctor verifying this situation and when it might be safe to immunize the child; or
(D) client requests good cause and is in the process of getting a physician or religious leader's signature on OSHD Form 216-A, Certificate of Exemption, or is waiting on OSHD approval of a completed Form 216-A.
