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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 19-20

It is very 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 .  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 26, 2019, 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 20.LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)

Subchapter 1. Low Income Home Energy Assistance Program

340:20-1-12 [AMENDED]

340:20-1-17 [AMENDED]

(Reference WF 19-20)

SUMMARY:The proposed amendments to Chapter 20, Subchapter 1 amend the rules to:(1) clarify that a household must have a verified, active cut-off order to be eligible to receive Energy Crisis Assistance Program (ECAP) assistance; (2) add that an application is not required for households experiencing an energy crisis involving a life-threatening medical situation; and (3) move eligibility decision making for ECAP applications involving a life-threatening medical situation to centralized LIHEAP staff.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; Sections 162, 168, 171, 185, 186, and 230.63 of Title 56 of the Oklahoma Statutes, CCDBG Act of 2014, P.L. 113-186,and Section 98.21 of Title 45 of the Code of Federal Regulations.

Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Patrick Klein,Director

Adult and Family Services

Date:December 14, 2018

Re:CHAPTER 20.LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)

Subchapter 1. Low Income Home Energy Assistance Program

340:20-1-12 [AMENDED]

340:20-1-17 [AMENDED]

(Reference WF 19-20)

Contact:Laura Brown 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose:The proposed amendments to Chapter 20, Subchapter 1 amend the rules to:(1) clarify that a household must have a verified, active cut-off order to be eligible to receive Energy Crisis Assistance Program (ECAP) assistance; (2) add that an application is not required for households experiencing an energy crisis involving a life-threatening medical situation; and (3) move eligibility decision making for ECAP applications involving a life-threatening medical situation to centralized LIHEAP staff.

Strategic Plan Impact.

The proposed amendments achieve DHS goals by continuously improving systems and processes and improving communication with DHS clients and staff.

Substantive changes.

Subchapter 1. Low Income Home Energy Assistance Program

Oklahoma Administrative Code 340:20-1-12 is amended to clarify that a household must have a verified, active cut-off order to be eligible to receive ECAP assistance.

OAC 340:20-1-17 is amended to: (1) clarify that a household must have a verified, active cut-off order to be eligible to receive Energy Crisis Assistance Program (ECAP) assistance; (2) add that an application is not required for households experiencing an energy crisis involving a life-threatening medical situation; and (3) move eligibility decision making for ECAP applications involving a life-threatening medical situation to centralized LIHEAP staff.

Reasons.

The proposed amendment is made to clarify that a household must have a verified, active cut-off order instead of a 72-hour cut-off notice before LIHEAP staff certifies the household for ECAP.Providing a 72-hour cut-off notice does not ensure that the household did not pay the cut-off amount before approval.LIHEAP staff contacts the utility vendor to verify there is still an active cut-off order scheduled within 72-hours in the system before approving ECAP.

The proposed amendment to no longer require an application for households experiencing an energy crisis involving a life-threatening medical situation is made to meet the 18 hour federally mandated timeliness standard.

Repercussions.

If the proposed amendment to clarify that a household must have a verified, active cut-off order instead of a 72-hour cut-off notice before LIHEAP staff certifies the household for ECAP is not implemented, the rule will not reflect current procedures.This may lead to applicant confusion and staff errors.

If the proposed amendment to no longer require an application for households experiencing an energy crisis involving a life-threatening medical situation is not implemented, DHS will continue to be out of compliance with federal requirements.

Legal authority.Director of Human Services, Section 162 of Title 56 of the Oklahoma Statutes, and Section 8623 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 clients applying for LIHEAP and centralized LIHEAP 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:Future LIHEAP applicants will benefit from accurate determination that preserves limited LIHEAP funds for eligible families.

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, which is estimated to be less than $20.The proposed amendments 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 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.

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 amendment to no longer require an application for households experiencing an energy crisis involving a life-threatening medical situation will reduce safety risks for those households by enabling staff to meet the 18 hour application timeliness requirement.

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 to require a verified, active cut-off order is not implemented, LIHEAP applicants may believe DHS will make an ECAP payment to their utility company in error.If the proposed amendment to no longer require an application for households experiencing an energy crisis involving a life-threatening medical situation is not implemented, households' energy sources may be disconnected before ECAP is approved.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 21, 2018; modified December 14, 2018.

SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

340:20-1-12. Applications

Revised 9-17-189-16-19

Households apply for the Low Income Home Energy Assistance Program (LIHEAP) by submitting an online application viaat www.okdhslive.org,or callingphoning 405-487-5483 to apply,by phone or to requestrequesting Form 08LH002E, Application for Low Income Home Energy Assistance Program (LIHEAP) Application, be mailed, to be completed and returned.When Form 08LH002E is mailed to the household with a postage paid envelope, the application must be completed and returned to theby email,or faxfaxed to the number on the form, or mailed to the return address onin the postage paid envelope.¢ 1

(1) Households pre-authorized for the LIHEAP winter heating or summer cooling programs are approved without filing an application.Households pre-authorized for LIHEAP are households whothat received State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits all 12 months of the previous year and met criteria in (A) through (D) of this paragraph.The household:

(A) received LIHEAP the previous year;

(B) address remains the same;

(C) income did not change or exceed eligibility guidelines for household size during the year; and

(D) members remain the same from the previous year.

(2) A computer-generated notice is mailed in November of each year for winter heating and in June for summer cooling to households not selected for preauthorization that receive SNAP benefits, TANF, and SSP at the time of the mailing.The notice informs the household it may apply online at www.okdhslive.org,or by callingphone 405-487-5483 to apply,by phone or request Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) Application, be mailed, to be completed and returned.

(3) When an application is denied, the household may request a fair hearing when it does not agree with the decision or submit a new application to reapply.

(4) When a household moves after applying for LIHEAP, a new application is not necessary.However, the household must report the change of "service" address within 10-calendar days to the county office or by phoning okdhslive at 405-487-5483, within 10-calendar days of moving.

(5) To ensure payments are made to the correct energy supplier, the household must provide the correct account name, account number, and energy supplier when submitting an application.All households applying for the Energy Crisis Assistance Program must also provide the most recenthave a verified, active cut-off noticeorder, notice of refusal to provide additional fuel, or verification of the fee to establish or re-establish service from an energy supplier.¢ 1

INSTRUCTIONS TO STAFF 340-20-1-12

Revised 9-17-18

1.Applications and verification received in the county office must be scanned and/or imaged to the Oklahoma Department of Human Services Family Support Imaging 90L Inbox with the correct case number.Once the application is processed, centralized Low Income Home Energy Assistance Program staff sends the documentation to files.

340:20-1-17. Energy Crisis Assistance Program (ECAP)

Revised 9-17-189-16-19

(a) ECAP funds.Based upon previous years' program experience, reasonable funds are reserved each year for ECAP to resolve energy crisis situations to prevent disconnect of service when the household has a 72-hourverified, active cut-off noticeorder scheduled within 72 hours, restore or start service, or provide a minimum delivery of propane or other heating fuel, per Section 8623(c) of Title 42 of the United States Code (42 U.S.C. § 8623(c)).ECAP consists of two components:

(1) scheduled intermittent application periods each year; and

(2) year round assistance available on a case-by-case basis for households experiencing an energy crisis and athat involves a life-threatening medical situation.

(b) Maximum benefit amount.When the household applies for ECAP more than once in the same fiscal year, the maximum benefit amount approved for all applications combined cannot exceed the amount shown per fiscal year for ECAP on Oklahoma Department of Human Services (DHS) Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level For All Households.

(c) ECAP application methods.Households apply for ECAP by submitting an online application at www.okdhslive.org or by callingphoning 405-487-5483, to apply,by phone or requestrequesting Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) Application, be mailed, to be completed and returned.

(1) When there is a life-threatening medical situation, LIHEAP staff gathers eligibility information by phone and an application is not required.

(2) When Form 08LH002E is mailed to the household with a postage paid envelope, the application must be completed and returned to theby email, or faxfaxed to the number on the form, or mailed to the return address onin the postage paid envelope.

(3) ApplicationsECAP applications are approved or denied by:

(1) centralized Adult and Family Services (AFS) LIHEAP staff when applications are made during an intermittent ECAP application period for energy crises that do not involve a life-threatening medical situation; and

(2) AFS LIHEAP program field representative staff for energy crises involving a life-threatening medical situation the year.

(d) Primary energy source. Households may choose heating or cooling as the primary energy source for ECAP when the household's main energy source meets criteria per (e)(2) of this Section.When a life-threatening medical situation is involved, the household must choose the energy source that resolves the energy crisis and theprevents a life-threatening medical situation.When the household chooses:

(1) heating, the heating energy source may be electric, natural gas, propane, kerosene, wood, coal, or heating oil; or

(2) cooling, the household must choose electricity as the primary cooling energy source.

(e) Eligibility criteria.ECAP eligibility criteria are detailed in (1) through (5) of this subsection.

(1) Households with an energy crisis must not exceed the income and liquid resource standards, per Oklahoma Department of Human Services (DHS) Appendix C-7, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.Households must meet the same income and resource criteria for ECAP as for heating and cooling assistance, per Oklahoma Administrative Code (OAC) 340:20-1-11.

(2) Households must have a verified energy crisis.¢ 1An energy crisis exists when:

(A) service wasis disconnected by the energy supplier;

(B) the household receivedhas a notice of averified, active cut-off order scheduled cut-off within 72 hours;

(C) the household received a notice of refusal to provide additional energy needs by the supplier and the household's fuel supply is or will be depleted within 72 hours or less; or

(D) the household provides information regarding a fee for a new connection.

(3) The household must have experienced a precipitating factor that caused the household to choose between paying the energy bill and another vital household need.¢ 2

(A) Acceptable factors include, but are not limited to, temporary or short-term situations that caused the household to make a choice between paying the energy bill and:

(i) purchasing sufficient food for the household;

(ii) paying for emergency situations, such as medical expenses or disaster recovery; or

(iii) providing clothing for children in the household.

(B) When the household was approved for the maximum ECAP payment during the most recent fiscal year, no further ECAP payments are made during the same fiscal year.

(C) Households approved for less than the maximum ECAP payment, may be approved for another ECAP payment during the same fiscal year, provided the total approved for all payments does not exceed the maximum ECAP payment, per DHS Appendix C-7-A.Per 42 U.S.C. § 8624(b)(16), an additional ECAP payment is not approved for the same fiscal year when the household:

(i) refuses to participate in budget counseling and home energy conservation workshops provided by Community Action agencies;

(ii) hasdid not shownshow any progress in improving its situation; or

(iii) hasdid not mademake an effort to maintain current utility bills.

(4) The household must explain why the energy crisis need cannot be met by available income and liquid resources, even when income and liquid resources are equal to or below the standard, per DHSAppendix C-7.¢ 3

(5) When the ECAP benefit amount is insufficient to establish, restore, or prevent the cut-off of the household's energy source, ECAP is authorized only when the ECAP payment, combined with other resources that are available or can be developed, to meet the energy crisis.When a feasible plan cannot be developed, the ECAP application is denied.¢ 4

(f) ECAP payment requirements.ECAP payment requirements are included in (1) through (4) of this subsection.

(1) The authorized ECAP benefit is limited to the amount necessary to connect, restore, or maintain energy service to the household, up to the established maximum for the program year, per DHS Appendix C-7-A.¢ 5

(2) DHS makes payments for crisis assistance directly to energy suppliers unless the energy supplier is not designated to receive direct payments from DHS.¢ 6

(3) The authorized benefit cannot include the cost of propane or butane tank delivery.¢ 7

(4) When other utilities are included with the heating or cooling bill, such as water, sewer, or trash, the authorized benefit cannot include the other utility charges.In this situation, the applicant must provide a utility bill that itemizes the charges for each utility or this information must be obtained from the energy supplier.When the client is unable to pay the other utility costs and the provider is unwilling to continue heating or cooling service, the application is denied until the applicant provides verification that the other utilities were or can be paid.

(g) Timeliness requirement.Per 42 U.S.C. § 8623(c), an ECAP application is considered timely processed when it is approved or denied within:¢ 8

(1) 18 hours of receipt of a complete applicationthe household requesting ECAP when the energy crisis involves a life-threatening medical situation.A complete application means the application is signed and submitted and all verification is provided.¢ 9

(A) To be considered a life-threatening emergencymedical situation, the energy crisis must involve the energy source required:

(i) for life-saving medical equipment to be operational.¢ 9The medical equipment must be prescribed by a licensed health care professional and require electricity to operate.When the medical equipment has an available battery backup in case of an electricity outage, the medical situation is not considered life-threatening.The client must provide medical records or a licensed health care professional statement dated within the last six months verifying that the medical equipment is prescribed and a battery backup is not available.Examples of life-saving medical equipment include, but are not limited to:¢ 10

(I) a kidney dialysis machine;

(II) an iron lung;

(III) an oxygen concentrator or other type of oxygen machine; or

(IV) a cardiac monitor; or

(ii) to power heating or air conditioning equipment when the temperature is predicted to be hot or cold enough to create a life-threatening whenmedical situation if the energy source is not functioning.To be considered a life threatening medical situation, the temperature on the disconnection date must be predicted to be:

(I) a heat index of at least 101 degrees in summer months; or

(II) 32 degrees or lower during day time hours and/or 20 degrees or lower during night time hours in winter months.

(B) Authority for designating a crisismedical situation as life-threatening is limited to a:

(i) licensed health care professional; or

(ii) public health official; and

(2) 48 hours of receipt of a complete application when the energy crisis does not involve a life-threatening medical situation.A complete application means the application is signed and submitted and all verification is provided.

INSTRUCTIONS TO STAFF 340:20-1-17

Revised 9-17-189-16-19

1.Centralized Adult and Family Services (AFS) Low Income Home Energy Assistance Program (LIHEAP) staff documents how the energy crisis was verified in Family Assistance/Client Services (FACS) case notes and images forms and verification in the case record.

2.Centralized AFS LIHEAP staff must document in FACS case notes:

(1) the reason the household gave for not paying the energy bill; and

(2) if the reason given is acceptable.

3.Centralized LIHEAP staff documents the applicant's explanation in FACS case notes.

4.When the energy crisis payment is insufficient to meet the household's energy crisis, centralized AFS LIHEAP staff must document how the remainder of the energy bill will be met in FACS case notes.

5.Centralized AFS LIHEAP staff informs the energy supplier of the payment amount Oklahoma Department of Human Services (DHS) will make for the household.The household receives a computer-generated notice explaining the payment amount or reason for denial.

6.When direct payment cannot be made to the vendor, the approved payment may be made directly to the household on an Oklahoma MasterCard debit card or, when the household receives Temporary Assistance for Needy Families or State Supplemental Payment cash assistance by direct deposit, payment may be made through direct deposit in the same bank account per Oklahoma Administrative Code (OAC) 340:65-3-6 debit card and direct deposit procedures.

7.The household must work out a payment plan for the tank delivery fee with the utility supplier.

8.Following verification of the crisis and determination of eligibility, certifying centralized AFS LIHEAP staff contacts the fuel supplier to:

(1) verify the amount necessary to connect, restore, or maintain energy service; and

(2) pledge the required amount, up to the maximum benefit amount available to the household, per DHS Appendix C-7-A, Estimated LIHEAP Benefit Level For All Households.

9.AFS LIHEAP program field representative staff must document in detail in FACS case notes or in the case record why a crisis is considered life-threatening.

10.Equipment not considered life-sustaining includeincludes, but is limited to, a:

(1) hot water heater;

(2) refrigerator;

(3) stove;

(4) nebulizer that is battery-driven, hand-driven, or self-contained; or

(5) battery-driven apnea monitor; or

(6) battery-driven cardiac monitor.

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