COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 2019
Tammy Hall, Child Support Services 405-522-0022
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 19-25
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 25. CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
340:25-1-1.1 [AMENDED]
340:25-1-1.2 ITS Only AMENDED
340:25-1-2 [AMENDED]
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-110.1 [AMENDED]
340:25-5-117 ITS Only AMENDED
340:25-5-118. ITS Only AMENDED
340:25-5-123 ITS Only AMENDED
340:25-5-124 [AMENDED]
340:25-5-134 ITS Only AMENDED
Part 17. Past Support
340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 20. Medical Support
340:25-5-168 [AMENDED]
Part 21. Establishment
340:25-5-176 through 340:25-5-176.1 [AMENDED]
340:25-5-178 [AMENDED]
340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
340:25-5-198 [AMENDED]
340:25-5-198.2 ITS Only AMENDED
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
340:25-5-214 [AMENDED]
Part 31. Consumer Reporting Agencies – Credit Bureaus
340:25-5-265 [AMENDED]
340:25-5-285 ITS Only AMENDED
340:25-5-286 ITS Only AMENDED
Part 37. Recovery
340:25-5-305 [AMENDED]
340:25-5-312 [REVOKED]
Part 39. Accounting and Distribution
340:25-5-350.1 [REVOKED]
340:25-5-350.3 [AMENDED]
340:25-5-351 [AMENDED]
(Reference WF 19-25)
SUMMARY:The proposed amendments to Subchapters 1 and 5 of Chapter 25: (1) align provisions in Senate Bill 979 (SB 979) from the 2nd Session of the 56th Legislature that amended Section 118F of Title 43 (43 O.S. § 118F) to comply with Section 303.31(b)(2) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.31(b)(2)) that mandates Child Support Services (CSS) include government medical assistance, such asSoonerCare (Medicaid),as qualifying health care coverage; (2) implement policy changes recommended during the annual CSS policy review process; (3) amend legal authority as necessary; (4) make changes to meet compliance with federal law changes effective October 1, 2018; and (5) make non-substantive cleanup to improve rule clarity.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY: Department of Human Services, 56 O.S. § 162; Public Law 115-123; Sections 1681b & 1681f of Title 15 of the United States Code (15 U.S.C. §§ 1681b & 1681f); 28 U.S.C. § 1738B; 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50 U.S.C. §§ 3901 through 4043; Chapter III of Subtitle B of Title 45 of the Code of Federal Regulations; 10 O.S. §§ 80, 83, 90.4, 90.5, and 7700-101 through 7800; 12 O.S. §§ 1031, 1031.1, 1038, 1170, 1171.2 through 1171.4, and 2004; 21 O.S. §§ 566 through 567 and 852; 36 O.S. § 6058A; 43 §§ 109.2 through 110, 112 through 112.1A, 114 through 120, 135 through 139.1, 410 through 413, and 601-100 through 601-903; 56 O.S. §§ 166.1, 171, 183, 185, 230.60, and 231 through 244; 63 O.S. §§ 1-311 through 1-311.3 and 1-321; and 68 O.S. § 205.2.
Rule Impact Statement
To:Programs Administrator
Legal Services - Policy
From: Renee Banks, Director
Child Support Services
Date:December 14, 2018
Re:CHAPTER 25. CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
340:25-1-1.1 [AMENDED]
340:25-1-2 [AMENDED]
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
340:25-5-110.1 [AMENDED]
340:25-5-124 [AMENDED]
Part 17. Past Support
340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 20. Medical Support
340:25-5-168 [AMENDED]
Part 21. Establishment
340:25-5-176 through 340:25-5-176.1 [AMENDED]
340:25-5-178 [AMENDED]
340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
340:25-5-198 [AMENDED]
Part 23. Enforcement
340:25-5-200 [AMENDED]
340:25-5-212 [AMENDED]
340:25-5-214 [AMENDED]
Part 31. Consumer Reporting Agencies – Credit Bureaus
340:25-5-265 [AMENDED]
Part 37. Recovery
340:25-5-305 [AMENDED]
340:25-5-312 [REVOKED]
Part 39. Accounting and Distribution
340:25-5-350.1 [REVOKED]
340:25-5-350.3 [AMENDED]
340:25-5-351 [AMENDED]
(Reference WF 19-25)
Contact:Tammy Hall, Programs Manager, 405-522-0022
A.Brief description of the purpose of the proposed rule.
Purpose.
The proposed amendments to Subchapters 1 and 5 of Chapter 25: (1) align provisions in Senate Bill 979 (SB 979) from the 2nd Session of the 56th Legislature that amended Section 118F of Title 43 (43 O.S. § 118F) to comply with Section 303.31(b)(2) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 303.31(b)(2)) that mandates Child Support Services (CSS) include government medical assistance, such asSoonerCare (Medicaid),as qualifying health care coverage; (2) implement policy changes recommended during the annual CSS policy review process; (3) amend legal authority as necessary; (4) make changes to meet compliance with federal law changes effective October 1, 2018; and (5) make non-substantive cleanup to improve rule clarity.
Strategic Plan Impact.
The proposed amendments support Oklahoma Department of Human Services (DHS) goals of helping Oklahomans lead safer, healthier, more independent and productive lives; keeping the DHS workforce informed, supported, and engaged; meeting the needs of vulnerable Oklahomans; and cultivating a culture of continuous improvement.The proposed amendments support the CSS strategic plan by providing customers access to tools and resources to achieve and maintain healthy families, prioritizing CSS's ability to provide core services to customers, and clarifying to the public and staff how CSS provides services to customers.
Substantive changes.
Subchapter 1. Scope and Applicability
Oklahoma Administrative Code (OAC) 340:25-1-1 and 340:25-1-2 are amended to make a variety of changes including reformatting, updating legal citations, clarifying language for consistency with current usage, and making non-substantive cleanup to improve rule clarity.
Subchapter 5. Operational Policies
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 is amended to:(1) clarify who may apply to Child Support Services; (2) add legal authorities; and (3) update language, web addresses, and legal citations.
Part 17. Past Support
OAC 340:25-5-140.1 is amended to:(1) clarify that CSS does not calculate or collect interest on spousal support; and (2) update language and legal citations.
Part 20. Medical Support.
OAC 340:25-5-168 is amended to:(1) modify the definition of health care coverage to include government medical assistance programs or health plans; (2) remove unnecessary language; and (3) change references to health insurance to health care coverage; (4) remove misleading shared physical custody language when not setting cash medical support for an equal number of overnights; (5) clarify the date CSS requests a cash medical support order be effective; and (6) add that CSS may request a cash medical support order be set at $0 when the monthly child support amount in a multiple case action exceeds 20 percent of the noncustodial parent's (NCP) gross income.
Part 21. Establishment
OAC 340:25-5-176 is amended to:(1) clarify that CSS provides genetic testing based on facts of the case; (2) remove language repeated from statute; (3) clarify that presumption of paternity is extended in all cases when the birth mother is married regardless of gender; (4) clarify that Form 03PA209E, Acknowledgement of Paternity, can only be completed by the child's biological mother and father; (5) remove language that restricted information regarding possible multiple, alleged fathers could only be provided by the custodial person (CP); (6) provide clarification of when CSS provides genetic testing services; (7) update obsolete language as it pertains to paternity and parentage, per the Uniform Parentage Act, codified in10 O.S. §§ 7700-101 et seq.; and (8) correct form names.
OAC 340:25-5-176.1 is amended to:(1) add authority for CSS to initiate a paternity challenge; and (2) advise that CSS asks the court to comply with the Uniform Parentage Act when involved in a challenge to the establishment of parentage.
OAC 340:25-5-178 is amended to:(1) clarify that CSS establishes paternity and a child support order when necessary and when either parent is a minor; and (2) correct a legal citation.
OAC 340:25-5-179.1 is amended to:(1) clarify that CSS does not determine the amount of prior support when requesting the court reserve the time period the NCP is incarcerated; (2) add that CSS sets support for a prior period at zero for time periods when the NCP is incarcerated; and (3) make non-substantive cleanup to improve rule clarity and correct a legal citation.
Part 23. Enforcement
OAC 340:25-5-212 is amended to:(1) change to a less restrictive criteria for automatic referral for financial institution account levies; (2) remove language requiring a case be referred for levy unless the obligor is in full compliance with the payment plan; (3) remove language requiring CSS to consider the CP's input when releasing a levy; and (4) update language.
OAC 340:25-5-214 is amended to:(1) remove language requiring CSS to consider the CP's input when releasing a passport referral; and (2) update language and legal citations.
Part 37. Recovery
OAC 340:25-5-305 is amended to:(1) consolidate policy on how CSS creates and recovers overpayments by incorporating sections of policies currently codified at OAC 340:25-5-312 and OAC 340:25-5-350.1; (2) add the definition and categories of an overpayment from OAC 340:25-5-312 and OAC 340:25-5-350.1; (3) list legal remedies and statutory authorities CSS may use to recover overpayments as listed in OAC 340:25-5-312; (4) include a definition from OAC 340:25-5-312 when an overpayment is considered fraud and provides clarification that CSS reports the fraud to the DHS Office of Inspector General for investigation; (5) add the process for recovery when the overpayment is made to a Temporary Assistance for Needy Families (TANF) recipient, per OAC 340:25-5-312; (6) incorporate from OAC 340:25-5-312 the dollar amounts of current support payments CSS retains to recover an overpayment; (7) provide the process outlined in OAC 340:25-5-312 of notice to the overpayment recipient and directions to follow when he or she wants to dispute the overpayment; (8) clarify time periods outlined in OAC 340:25-5-350.1 when CSS is not responsible for creating or recovering an overpayment; (9) add the processes CSS uses to satisfy the over collection, per OAC 340:25-5-350.1; (10) add, per OAC 340:25-5-350.1 that when refunds are less than $3 and not issued on an Electronic Benefit Transfer (EBT) card, the refund is remitted to the DHS General Revenue Fund Treasury; (11) provide direction, per OAC 340:25-5-350.1 when CSS receives a payment due to an error by the payor; (12) add the process CSS follows when payments cannot be issued to a party to the case; and (13) update language and legal citations.
OAC 340:25-5-312 is revoked and the language is incorporated into OAC 340:25-5-305.
Part 39. Accounting and Distribution
OAC 340:25-5-350.1 is revoked and the language is incorporated into OAC 340:25-5-305.
OAC 340:25-5-350.3 is amended to clarify that the exchange rate used to convert a foreign country's order amount to United States dollars is the exchange rate at the time of the referral or application.
OAC 340:25-5-351 is amended to remove language specifying the eligibility criteria and amount of the annual federal fee mandated by 45 C.F.R. § 302.33. 45 C.F.R. § 302.33
OAC 340:25-5-124, OAC 340:25-5-140, OAC 340:25-5-198, OAC 340:25-5-200, and OAC 340:25-5-265 are amended to make a variety of changes including reformatting, updating legal citations, clarifying language for consistency with current usage, and making non-substantive cleanup to improve rule clarity.
Reasons.
Chapter 25, Subchapter 1:The proposed amendments:(1) correct and update legal authority; (2) clarify the services that CSS provides, to the public and CSS staff; and (3) make non-substantive cleanup to improve rule clarity and correct legal citations.
Chapter 25, Subchapter 5:The proposed amendments:(1) provide additional clarification regarding CSS processes to the public; (2) provide additional guidance regarding internal CSS business processes to CSS staff; (3) comply with federal requirements regarding annual charges on eligible cases; and (4) make non-substantive cleanup to improve rule clarity and correct legal citations.
Repercussions.
Chapter 25, Subchapter 1:The proposed amendments are designed to provide clear and concise information for customers and staff to ensure consistency in policy interpretation.
Chapter 25, Subchapter 5:The proposed amendments are designed to contribute to the health, safety, and well-being of children entitled to support and, to promote healthy families by:(1) increasing program efficiency; (2) improving customer service; and (3) providing clear and accurate guidance to CSS staff to ensure consistency in policy application.
Legal authority.
Department of Human Services, 56 O.S. § 162; Public Law 115-123; Sections 1681b & 1681f of Title 15 of the United States Code (15 U.S.C. §§ 1681b & 1681f); 28 U.S.C. § 1738B; 42 U.S.C., Chapter 7, Subchapter IV, Part D; 50 U.S.C. §§ 3901 through 4043; Chapter III of Subtitle B of Title 45 of the Code of Federal Regulations; 10 O.S. §§ 80, 83, 90.4, 90.5, and 7700-101 through 7800; 12 O.S. §§ 1031, 1031.1, 1038, 1170, 1171.2 through 1171.4, and 2004; 21 O.S. §§ 566 through 567 and 852; 36 O.S. § 6058A; 43 §§ 109.2 through 110, 112 through 112.1A, 114 through 120, 135 through 139.1, 410 through 413, and 601-100 through 601-903; 56 O.S. §§ 166.1, 171, 183, 185, 230.60, and 231 through 244; 63 O.S. §§ 1-311 through 1-311.3 and 1-321; and 68 O.S. § 205.2.
Permanent rulemaking approval is requested. OAC 340:25-5-168 was approved as an emergency rule by the Governor on November 15, 2018, and revisions were made in the permanent rule.
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 children entitled to support, NCPs who owe child support, CPs who are owed child support, CSS staff, and the courts.Most affected classes of persons will bear no costs associated with implementation of the amendments.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are children, NCPs, CPs, CSS staff, the courts, and taxpayers.
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 facilitate efficient use of program funds and reduce expenditures by eliminating non-essential services.In response to federal P.L. 115-123 raising the annual Deficit Reduction Act fee from $25 to $35 for eligible cases, CSS is removing policy stating the fee amount and eligibility criteria and, adding that CSS implements the fee according to federal law.
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 and training materials estimated to be under $100 and is within the current budget and requires no additional funding.These amendments do not increase any agency's duties or need for additional full-time employees.
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:These proposed amendments are intended to minimize compliance costs and intrusive regulations while fully complying with federal and state mandates.There are no less costly or intrusive methods to achieve full compliance.
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:These proposed amendments are intended to comply with federal and state child support mandates, increase program effectiveness, protect CSS's ability to deliver services, and improve services delivered to families, thereby contributing to the health, safety, and well-being of children entitled to support.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failure to adopt these amendments could cause hardships on families by negatively impacting the services CSS provides and result in unnecessary expenditures of public funds to provide support for children that could otherwise be provided by NCPs.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared:June 1, 2018; modified December 14, 2018.
