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 19-65
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 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 1. General Provisions
340:65-1-2 [AMENDED]
Subchapter 3. Eligibility for Benefits
340:65-3-2 [AMENDED]
340:65-3-6 [AMENDED]
(Reference WF 19-65)
SUMMARY:
The proposed amendments to Chapter 65, Subchapter 1 amend the rules to:(1) clarify county director or field manager responsibilities for safeguarding client case information; (2) reorder information regarding safeguarding of federal tax information (FTI); (3) add specifics regarding the FTI that must be safeguarded; (4) restrict access to FTI only to designated Adult and Family Services (AFS) FTI specialists who complete a security background investigation; (5) add steps that must be included in the background investigation; (6) define what could cause an employee to lose access to FTI and the penalties for improperly disclosing FTI; (7) clarify and simplify language regarding when AFS may release information to the client and other government entities; and (8) update terminology and legal and policy citations.
The proposed amendments to Chapter 65, Subchapter 3 amend the rules to:(1) update: (a) the definition for the Child Care Subsidy application date; (b) the OKDHSLIVE phone number; (c) how a recipient sets up direct deposit and transfers funds into a bank account; (d) the procedure used by the contractor when funds cannot be transferred to direct deposit because the recipient provided incorrect banking information; and (e) terminology; and (2) add information regarding companion debit cards and ways the recipient may transfer funds to a companion debit card.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; and Sections 162 of Title 56 of the Oklahoma Statutes, Sections 6103 and 7213 of Title 26 of the United States Code, and IRS Publication 1075.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Patrick Klein,Director
Adult and Family Services
Date:December 14, 2108
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 1. General Provisions
340:65-1-2 [AMENDED]
Subchapter 3. Eligibility for Benefits
340:65-3-2 [AMENDED]
340:65-3-6 [AMENDED]
(Reference WF 19-65)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 65, Subchapter 1 amend the rules to:(1) clarify county director or field manager responsibilities for safeguarding client case information; (2) reorder information regarding safeguarding of federal tax information (FTI); (3) add specifics regarding the FTI that must be safeguarded; (4) restrict access to FTI only to designated Adult and Family Services (AFS) FTI specialists who complete a security background investigation; (5) add steps that must be included in the background investigation; (6) define what could cause an employee to lose access to FTI and the penalties for improperly disclosing FTI; (7) clarify and simplify language regarding when AFS may release information to the client and other government entities; and (8) update terminology and legal and policy citations.
The proposed amendments to Chapter 65, Subchapter 3 amend the rules to:(1) update: (a) the definition for the Child Care Subsidy application date; (b) the OKDHSLIVE phone number; (c) how a recipient sets up direct deposit and transfers funds into a bank account; (d) the procedure used by the contractor when funds cannot be transferred to direct deposit because the recipient provided incorrect banking information; and (e) terminology; and (2) add information regarding companion debit cards and ways the recipient may transfer funds to a companion debit card.
Strategic Plan Impact.The proposed amendmentsachieve DHS goals by continuously improving systems and processes and improving communication with DHS clients and staff.
Substantive changes.
Subchapter 1. General Provisions
Oklahoma Administrative Code (OAC) 340:65-1-2 is amended to:(1) clarify county director or field manager responsibilities for safeguarding client case information; (2) reorder information regarding safeguarding of FTI; (3) add specifics regarding the FTI that must be safeguarded; (4) restrict access to FTI only to designated AFS FTI specialists who complete a security background investigation; (5) add steps that must be included in the background investigation; (6) define what would cause an employee to lose access to FTI and the penalties for improperly disclosing FTI; (7) clarify and simplify language regarding when AFS may release information to the client and other government entities; and (8) update terminology and legal and policy citations.
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-2 is amended to update:(1) the definition for the Child Care Subsidy application date; (2) the OKDHSLIVE phone number; and (3) terminology.
OAC 340:65-3-6 is amended to:(1) update:(a) how a recipient sets up direct deposit and transfers funds into a bank account; (b) the procedure used by the contractor when funds cannot be transferred to direct deposit because the recipient provided incorrect banking information; and (c) terminology; and (2) add information regarding companion debit cards and ways the recipient may transfer funds to a companion debit card.
Reasons.
The proposed amendments in both subchapters are amended to:(1) make policy easier to understand for clients, AFS staff, and the public by clarifying and simplifying information; and (2) updating terminology.
The proposed amendment regarding information security is made to comply with new Internal Revenue Services (IRS) requirements and include:(1) updating and adding information regarding safeguarding and restricting access to FTI; (2) defining what would cause an employee to lose access to FTI; and (3) describing possible penalties for improperly disclosing FTI.
The proposed amendment to update the definition for the Child Care Subsidy application date is made to align with revisions to Child Care Subsidy rules.
The proposed amendments made to debit card rules regarding companion debit cards, how recipients transfer funds to a companion card or to a bank account, and how a recipient sets up direct deposit are made to update rules to current procedures agreed on between DHS and the contractor when the debit card contract was last renewed.
Repercussions.If the proposed amendments are not implemented, DHS will not be in compliance with IRS requirements for handling FTI, the definition of a child care application in this Chapter will not align with Child Care Subsidy rules, and debit card and direct deposit rules will not align with current procedures and may affect service delivery.
Legal authority. Director of Human Services; and Sections 162 of Title 56 of the Oklahoma Statutes, Sections 6103 and 7213 of Title 26 of the United States Code, and IRS Publication 1075.
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 receiving benefits administered by 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 proposed amendmentsdo 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 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 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 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:Implementation of the proposed amendments are not intended to reduce 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 amendmentsare not implemented, no detrimental effects on public health, safety, or the environment are anticipated.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 23, 2018; modified December 14, 2018.
SUBCHAPTER 1. GENERAL PROVISIONS
340:65-1-2. Confidential nature of case material
Revised 7-1-129-16-19
(a) Legal basis.The Oklahoma Department of Human Services (OKDHS)(DHS) maintains the confidentiality of all applications, information, and records concerning any applicant or recipient,in accordance withper the Oklahoma Social Security Act located in Sections 161-260 of Title 56 of the Oklahoma Statutes,and the Federal Social Security Act, and Section 183 of Title 56 of the Oklahoma State Statutes.
(b) Custody of records.All case information including electronic data procured by, or available to, any staff member of OKDHSDHS employee is the property of OKDHSDHS and is used by staff only in accordance with the provisions of the law and theDHS rules adopted by OKDHS.
(1) Authority to disclose information.The county director is responsible for the custody of records in the human services center (HSC)county office and for their proper use.All requests for information from an OKDHSa DHS record are referred to the county director, except in those instances wherewhen the request originates within OKDHSDHS in carrying out its regular functions.Staff membersEmployees of each of the OKDHS operating divisions have access to records of the other divisions so that a mutualDHS division may exchange ofnecessary information, onwhen working with the same family or a related to a case under care, may be constructiveto provide benefits and services.¢ 1
(2) Safeguarding of case information.Case information must be safeguarded,inaccordance withper Oklahoma Administrative Code (OAC) 340:1-1-20, OKDHSDHS:2-41-15, OKDHSDHS:2-45, OKDHS:115-3-2DHS:65-3-6, and as provided in this subsection.
(A)The county director or delegatedfield manager is:
(i) the custodian of client records is responsible for ensuring compliance with the applicable rules when the records areassigned to and, located in a HSCcounty office or anysupport center or processed at an alternate work location.; and¢ 2
(ii) responsible for:
(I) taking reasonable precautions to ensure the confidentiality and proper use of client case information; and
(II) ensuring employees know DHS rules regarding safeguarding of client case information and when and to whom information may be released.
(B) AlternatePer DHS:2-1-301, alternate work locations as defined in OKDHS:2-1-301 must have the capacity forbe capable of safeguarding case information.¢ 3If When an alternate work location cannotdoes not meet safeguarding standards, case information cannotmust not be received, stored, or processed at that location.
(A)(C) Practices for safeguarding information include:
(i) secure physical storage of records in locked buildings, rooms, and containers;
(ii) secure storage and care of OKDHSDHS-owned electronic equipment; ¢43
(iii) controlled or restricted access to areas containing case information; ¢54
(iv) case information:
(I) must be secured in a storage area when an employee is not present, such as in a desk or file cabinet; ¢65
(II) may not be stored on any electronic device or storage media that is not the property of OKDHSDHS; and
(III) may not be sentemailed outside of the agency via e-mail unless it is encrypted; and¢76
(v) raw tax data which includes any written, typed, photocopied, or printout of information from the Income Eligibility Verification System-Internal Revenue Service (IEVS-IRS), Beneficiary and Earnings Data Exchange System (BENDEX), and Beneficiary Earnings Exchange Record (BEER):
(I) must be secured in a storage area, such as a locked desk or file cabinet; ¢ 8
(II) may not be viewed or stored on any electronic device that is not the property of OKDHS or the State of Oklahoma;
(III) may not be printed or maintained in a non-electronic format; ¢ 9
(IV) may not be sent via e-mail; and
(V) may not be transmitted via fax; and
(vi) reasonable privacy or restricted viewing of electronic data visible on computer screens or mobile devices.
(B)(D) Information whichthat must be safeguarded includes:
(i) names and addresses, including lists;
(ii) information contained in an application;
(iii) reports of investigations;
(iv) medical data which includesincluding, but is not limited to, diagnosis and past history of disease and disability;
(v) correspondence and other records concerning the condition or circumstances of any person from whom or about whom information is obtained, regardless of whether it is recorded;
(vi) evaluations of such information;
(vii) warrant registers; and
(viii) all data items available on computer screens.Disclosure to any unauthorized person is a violation of federal and state agency regulations.Persons considered to be authorized are:
(I) the client;
(II) the client's authorized representative;
(III) OKDHS staffDHS employees;
(IV) authorized volunteers; and
(V) staffemployees of outside agencies with a contract or agreement allowing access to specific data;¢107and
(ix) raw tax data may include:
(I) the client's name;
(II) Social Security number;
(III) Internal Revenue Service (IRS) reporting firm, company, political subdivision;
(IV) state agency account number;
(V) type of income; and
(VI) the amountof income orresource.
(3) Safeguarding of federal tax information (FTI).Per Section 6103 of Title 26 of the United States Code (26 U.S.C. § 6103), DHS must safeguard and restrict access to FTI only to persons whose duties or responsibilities require access.
(A) FTI information that must be safeguarded includes:
(i) the client's name;
(ii) the client's Social Security number;
(iii) Internal Revenue Service (IRS) reporting firm, company, and political subdivision;
(iv) state agency account number;
(v) type of income; and
(vi) the amount of income or resources.
(B) Adult and Family Services (AFS) restricts access to FTI to designated AFS FTI specialists who complete a favorably adjudicated suitability or security background investigation prior to handling FTI and annually thereafter.At a minimum, the background investigation must be at a tier-two level as designated by federal investigative standards and include:
(i) the results of a Federal Bureau of Investigation (FBI) fingerprint check using Form FD-258, FBI Applicant Fingerprint Card, from the state identification bureau.In Oklahoma, the Criminal Identification Section of the Oklahoma State Bureau of Investigation is the agency authorized to conduct FBI fingerprinting.The fingerprint results check the employee's criminal history in all 50 states;
(ii) a check of local law enforcement agencies where the employee lived, worked, and/or attended school within the last five years to identify trends of misbehavior and, when applicable, of the appropriate agency for any identified arrests; and
(iii) validation of the employee's identity and eligibility to legally work in the United States (U.S.). New employees must complete the U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification, and within three days of completing the form, be processed through E-Verify to assist with verifying the employee's employment status and the documents provided with Form I-9.
(C) Practices for safeguarding information include:
(i) securing FTI, such as any written, typed, photocopied, or printout of information from the Income Eligibility Verification System-Internal Revenue Service (IEVS-IRS), Beneficiary and Earnings Data Exchange System (BENDEX), and Beneficiary Earnings Exchange Record (BEER) in a storage area, such as a locked desk or file cabinet; ¢ 8
(ii) not viewing or storing FTI on any electronic device that is not DHS or the State of Oklahoma property;
(iii) not printing or maintaining FTI in a non-electronic format; ¢ 9
(iv) not emailing FTI; and
(v) not faxing FTI.
(D) Disclosure of FTI in violation of the guidelines specified in IRS Publication 1075 is considered a felony punishable by a fine in any amount not exceeding $5,000 or imprisonment of not more than five years, or both, together with the prosecution costs.Further, an AFS FTI specialist may lose access to FTI and be subject to disciplinary action, per DHS:2-1-7 when he or she:
(i) does not properly safeguard FTI;
(ii) does not complete or pass the annual favorably adjudicated suitability or security background investigation; or
(iii) releases FTI to an unauthorized person(s), per 26 U.S.C. § 7213.
(3)(4)Nature of information to be made available.General information not identified with any particular person or group of persons, such as total expenditures made, number of recipients, and other statistical information and social data contained in reports or surveys do not fall within the type of material to be safeguarded.
(A) Requested information is released to representatives of agencies whichthat are authorized, by law, to have the information.Information may be released to other agencies only when they give assurance that the:
(i) confidential character of the information will be preserved;
(ii) information will be used only for purposes related to the administration of the assistance program and the functioning of the inquiring agency; and
(iii) protection standards of protection established by the agency to which information is disclosed are equal to those established by OKDHSDHS, both in regard to the use of the information by the staffemployees and the provision of protective procedures.
(B) Addresses of clients canClient addresses may be disclosed to federal, state, and local law enforcement officers who furnish the client's name, Social Security number, and notify OKDHSDHS that the location or apprehension of the client is within their official duties and that the client is:
(i) a fugitive felon who is fleeing to avoid prosecution, custody, or confinement after conviction; or
(ii) violating a condition of probation or parole.
(C) The days and hours a child is approved for the Child Care Subsidy Program canmay be disclosed to a child care provider.
(D) Upon written request, information used to establish eligibility that is not otherwise protected by law is made available to the client or the client's representative during normal business hours.Confidential information, including the names of persons who have disclosed information about the client without the client's knowledge and the nature or status of pending criminal prosecutions is withheld.
(E) Information obtained by the workeremployee from collateral sources, other than public records or the worker's employee's written evaluation of the client's situation, cannotmust not be made available to the client or to any other person without the consent of the person who gave the information.
(F) Prior to a fair hearing, HSC staffthe designated county or support center employee is responsible for supplyingproviding the client with a copy of the writtencompleted hearing summary,and documents, andor other records which HSC staffthe employee plans to present at the hearing per OAC 340:2-5-69.[OAC 340:2-5]
(4)(5)Release of information at client request of client.If the client orUpon the client's,representative requests OKDHS make available to him, heror the client representative's, written request, DHS may release information provided to DHS by the client to the client or to other persons, courts, or agencies, certain information which he or she has given OKDHS regarding himself or herself, it is proper to do so, providedwhen the written release is todesignates the designated person and the material is related to the specific subject involvedto be made available.
(A) AWhen a DHS employee receives a written inquiry requesting client information from an interested person, accompanied by the client's written permission, is considered sufficient to identify the person as the authorized representative of the client and informationthe employee may be furnishedfurnish the information.
(B) If a letter ofWhen the written inquiry does not conclusively show that the person making inquiry has beenwas asked to obtain suchthe information inon the client's behalf of the client, no action is taken without ascertaining the employee determines the client's wishes in the matterbefore releasing the information.
(5)(6)Release of information to courts.InformationDHS employees may only release case information about the client in his or her record is made available in court proceedings only upon subpoena, except upon request by court officials in cases of abandonment and desertion, neglect of children, or restitution when such cases have beenwere referred to the court by OKDHSDHS.In these situationOKDHS staffsituations, DHS employees' testimony is limited to material affecting the administration of the public assistance law except when participating in a case requested by the client or the client's representative in which his or her personal interests are at stake.
(A) When ana DHS employee of OKDHS is subpoenaed by the court for the purpose of giving testimony based upon OKDHSDHS records, the county director confers with the district attorney (DA)DHS Legal Services (LS) regarding recognition by the court of the right of OKDHSDHS under the law to protect its records, and of the confidential character of information made available to OKDHSDHS in the process of administering assistance.
(B) IfWhen there is reason to believe that the court will not respect the confidential character of OKDHSDHS records, the county director communicates immediately with the Legal DivisionDHS LS regarding the steps to be taken.¢1110
(6)(7)Release of information to the DA.Information is releasedDHS employees may release information to the DA, as necessary, to carry out OKDHSDHS policy regarding child support pursuit from an absenta non-custodial parent.In every instance, the relative making application forWhen child support pursuit is required in order for a client to receive benefits, such as Temporary Assistance for Needy Families (TANF),is informedChild Care Subsidy or SoonerCare (Medicaid), AFS employees inform the client of thethis requirement for obtaining support from an absent parent.
(7)(8)Release of medical information.Medical information paid for by OKDHSDHS is not released, even at the request of the person to whom it pertains, except to another agency to which the person has applied for services with the objective to protect or advance the person's welfare.There is nothing in Oklahoma law or federal law to prevent a physician from releasing medical information to his or her patient or ana patient's authorized representative of the patient.The physician, in such instances, is governed by the physician-patient relationship.¢ 12
(A) The OKDHS Legal DivisionDHS LS is responsible for determining whetherif the particularrequested medical information being requested may be released under federal regulations and OKDHS policiesDHS rules.When such clearance has been made, the Legal Division notifies FSSD.FSSD contacts HSC staff regarding the action to take.¢ 11
(B) MedicalAFS employees do not release information that HSC staff has obtained from the Veterans Administration or from the Social Security Administration cannot be released to anyone outside OKDHSof DHS.
(C) When a client requests a fair hearing on a medical decision, all medical records or reports considered in establishing a medical decision are provided to the client or the client's authorized representative at a reasonable time before the hearing except for psychological and psychiatric records, which were considered in establishing the medical decision, are provided to the client or authorized representative at a reasonable time before the date of the hearing.Copies of psychological and psychiatric records are not made available unless the release of these records is consented to byonly released with the consent of the treating physician or practitioner or arewhen ordered released by a court of competent jurisdiction upon a finding that it is in the best interest of a patient.
INSTRUCTIONS TO STAFF 340:65-1-2
Revised 7-1-129-16-19
1.CasePaper documents from imaged case records must remain in the local human services center (HSC)county office unless approval is received from the county director to remove a case recordapproves removal to another designated location.The county director may delegate theapproval authority for permission to remove a case record to the worker'semployee's supervisor.
(1) Circumstances when it may be permissible to remove a case record includeUpon approval, paper copies of relevant documents included in the imaged case record may be made, when:
(A) staff froman employee in another division within the Oklahoma Department of Human Services (OKDHS) requests(DHS) cannot access the imaged case record and needs documents from the case record for use in a criminal or administrative investigation or to review the record for other OKDHSDHS official business; or
(B) a court issues a subpoena for the case record to be brought to court; or
(C) the worker receives permission to work offsite at home or another designated location and supervisory staff are aware that the case record has been removed from the HSC.
(2) When permission to remove the case record has been granted, the worker or other designated HSC staff must record on a paper or electronic log that is accessible to the entire office:
(A) the case name;
(B) the case number;
(C) the date the case record was removed from the HSC;
(D) why it was removed;
(E) where the case record can be located while it is out of the HSC; and
(F) the date it is returned to the HSC.
(3) Case records removed from the HSC in order for the worker to work offsite at home or another designated location must be stored in a secure and locked location such as a filing cabinet or lockbox.Prior to receiving permission being given to remove a case record from the HSC for this reasonto work from home or at an alternate location, the supervisor must discuss with the workeremployee how the case recordhe or she will be safeguarded againstsafeguard confidential information beingto ensure the information cannot be accessed by others.
(A) To make a decision whether to remove the entire case record or only parts of the record from the HSC, it must be determined:
(i) which documents are necessary to complete the work being performed offsite; and
(ii) how the worker will secure the case record offsite when not in use.
(B) When the entire case record is not removed from the HSC, it must be determined how the worker will ensure documents from different case records are always returned to the correct case record.
2.(a) Refer to OKDHS:115-3-2DHS:65-3-6 for more information aboutregarding:
(1) the county director's or field manager's responsibility to safeguard records;and
(2) the confidentiality of client information and the need to be alert to possible compromises of security and conflicts of interest; and
(b)(3) OKDHS:115-3-2 also includes information about employee responsibility to complete Form 09042E, Securing and Assigning Sensitive Case Records,inform the county director or field manager when they, members of their household, relatives, or other persons whose circumstances are considered sensitive in nature apply for or receive benefits or services from the same HSCcounty office or support center where the employee works. This allows the county director or field manager to appropriately assign these cases to avoid any appearance of conflict of interest or to advise the employee or the household member to apply in another county office or support center.
3.Refer to OKDHS:2-1-301 for information regarding the authority to inspect alternate work locations.
4.Refer to OKDHSDHS:2-41-15(l) for information regarding the safeguarding of mobile equipment.
54.Controlled access includes the implementation of practices to identify staff accessing areas where case information is located.Refer to OKDHSDHS:2-21-113 for rules concerning the display of identification badges in OKDHSDHS facilities.
65.Information Case information is not left on a desk, file cabinet, work area, or any other location when the employee is away from the desk or work area.
76.(a) OKDHS staffWhen a client provides his or her email address, DHS employees may send email communications to a client who has voluntarilyclients provided his or her email address to OKDHS when the communication does not contain confidential information such as personal health, adult protective services (APS), child welfare (CW), alcohol or drug treatment, or mental health information.The employee must encrypt the email when it contains confidential case information.Refer to the External EMail Encryption Guide for encryption instructions located under the InfoNet IT Tools tab/Secure Email.
(b) Per Health Insurance Portability and Accountability Act (HIPAA) rules at OAC 340:2, OKDHSDHS must protect health information using data security rules for encryption, per OKDHSDHS:2-41-15 when transmitting OKDHSDHS data over the Internet.
(c) Email communication does not take the place of written communications required by law or policy, such as:
(1) providing official written notice of benefit actions taken on the client's case; or
(2) the requirement to send Form 08AD092E, Client Contact and Information Request, to adviseinform a client of an interview time or verification request unless the worker receives client consent before emailing Form 08AD092E.This may occur when the worker submits a client's application by proxy or completes a phone interview with the client.A best practice is to send the email while talking to the client so the client can confirm email receipt.Once the phone conversation concludes, the worker must document the consent and verification requested in FACS Case Notes and image Form 08AD092E into the case record.
(d) Some examples of appropriate email communication include, but are not limited to, sending an emailemailing to:
(1) request the client call the worker to arrange an interview time or answer questions;
(2) adviseinform the client that incomplete verification was received or additional verification is required; or
(3) respond to an email received from a recognized client account.
(e) The worker retainsimages a copy of the email communication in the case record or records the content and date of the communication in FACS Case Notes.When a response is needed within a certain time frame, the time frame is clearly stated in the email.
7.DHS enters into different types of information sharing agreements or contracts with outside agencies.Adult and Family Services (AFS) Business Process Information Security and Exchange employees maintain such agreements or contracts.County office and support center employees send inquiries regarding release of such information to the Information Security and Exchange mailbox at AFS.Security@okdhs.org to determine what, if any, information may be released.
8.Any record containing raw tax data or information must be secured in a storage area, such as a locked desk or file cabinet.At no time is raw tax data left on a desk, file cabinet, work area, or any other location even when the employee is away from the desk or work area for a short period of time.
(1) Provisions of Section 7213 of the Internal Revenue Code (IRC), Section 7213 of Title 26 of the United States Code (26 U.S.C. § 7212), make willful, unauthorized disclosure of federal returns or return information a felony punishable by a fine not exceeding $5,000 or imprisonment of not more than five years, or both, together with the costs of prosecution and dismissal from office or discharge from employment.
(2) Provisions of Section26 U.S.C. § 7213A of the IRC, the Taxpayer Browsing Protection Act, make unauthorized inspection of returns or return information a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment of not more than one year, or both, together with the cost of prosecution and dismissal from office or discharge from employment.
(3) Provisions of Section26 U.S.C. § 7431 of the IRC permit a taxpayer to bring suit for civil damages for unauthorized disclosure of returns or return information in the amount equal to the sum of the greater of $1,000 for each act or the sum of the actual damages sustained plus the cost of the action.
9.Raw tax data Federal tax information (FTI) is viewed on the PS2 eligibility system through the IEV and BWG transactions,.this information shouldFTI must not be printed unless authorized by legal staffa DHS Legal Services (LS) attorney.
10.OKDHS enters into different types of information sharing agreements or contracts with outside agencies.The Family Support Services Division (FSSD) Information Privacy and Security Section maintains such agreements or contracts.HSC staff sends inquiries regarding release of such information to the FSSD Information Privacy and Security Section or emails FSSDSecurity@okdhs.org to determine what, if any, information may be released.
11.Refer to OKDHSDHS:2-25-10 regarding subpoenaed records.
1211.When the HSCworker receives requestsa request for medical information that is not defined in OACOklahoma Administrative Code 340:65-1-2, HSC staff contacts the FSSDworker's supervisor or the county director emails AFS Health Related and Medical Services Section (HRMS)(HR&MS) at hrms@okdhs.org and outlines the details of the request.IfWhen a legal opinion is necessary, the HRMS supervisorHR&MS programs manager makes a referral to the Legal Division and advises HSC supervisorDHS LS. After receiving legal guidance, HR&MS staff ofcontacts county staff regarding what action to take.Depending on the decision, the worker releases the medical information or informs the person requesting the information that the medical information cannot be released.
SUBCHAPTER 3. ELIGIBILITY FOR BENEFITS
340:65-3-2. Definitions
Revised 9-15-169-16-19
The following words and terms when used in this Subchapter shall have the following meanings, unless the context clearly indicates otherwise:
"Applicant" means a person who directly, or through a person acting responsibly on the applicant's behalf, requests a formal eligibility determination for one or more programs administered by Oklahoma Department of Human Services (DHS) Adult and Family Services (AFS).
"Application process" means the process by which the applicant requests benefits, completes program requirements, and provides necessary proof, and the worker determines eligibility.Any person who fraudulently represents facts, acts without authority, or exceeds his or her authority to perform a transaction may be prosecuted under all applicable criminal and civil laws.
"Client" means a person applying for or receiving services, cash assistance, or other benefits.
"Date of application" means, for:¢ 1
(A) applications,The Child Care Subsidy Program does not define the application date, per Oklahoma Administrative Code (OAC) 340:40-3-1.
(i) "Request date" is defined as the date the applicant requests subsidized child care benefits verbally or in writing.
(ii) "Certification date" is defined as the date the applicant or a person acting on the applicant's behalfauthorized representative completes the child care interview and provides all necessary verification to the county office, including the name of the child care provider the applicant wantsthe client chooses to use.
(B) For Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP) food benefits, SoonerCare (Medicaid), State Supplemental Payment (SSP), and the Low Income Home Energy Assistance Program (LIHEAP), the application date is the date the applicant or a person acting on the applicant's behalf signs the application.
(i) When the application is initiated outside of DHS, the application date is the date the application is stamped in the local county office or received electronically through okdhslive.org.
(ii) Receipt of Form 08MA005E, Notification of Needed Medical Services, preserves the date of application for SoonerCare (Medicaid) eligibility groups for which DHS is responsible for determining eligibility, per Oklahoma Administrative Code (OAC) 317:35-5-63.
(C) When DHS staff receives a verbal request prior to the signature date on the application, staff enters the verbal request date in red above the signature date.¢ 2The verbal request date is the application date for TANF, SSP, and SoonerCare (Medicaid) eligibility groups for which DHS determines eligibility.¢ 3
(i) Per OAC 340:50-3-1, a verbal request for food benefits does not preserve the application date unless the applicant advisesinforms staff a hardship exists that prevents him or her from signing a request on that date.A hardship may exist when the applicant states no one can come to the local county office because of a situation beyond the applicant's control, such as illness, disability, or lack of transportation; and the applicant is unable to file the application electronicallyonline at www.okdhslive.org or call 1-877-653-4798by phone at 405-487-5483 to file by telephone.¢ 4
(ii) A verbal request for LIHEAP does not preserve the application date as funding for the program is limited.
(iii) The verbal request date preserves the application date only when the applicant signs the application within 30-calendar days.
(I) When the applicant fails to sign the application within 30-calendar days, no application request is considered made.¢ 5
(II) When the applicant subsequently contacts DHS after 30-calendar days and completes the application process, the application date is the date the applicant completes and signs the application.
(D) When the applicant comes to the local county office to request benefits and cannot stay to complete the application with a worker or no appointment times are available that day, the applicant must submit a completed and signed Form 08MP001E, Request for Benefits, to preserve the application date.When the applicant does not leave a completed and signed Form 08MP001E, an application date is not preserved and an appointment for an interview is not set.
"Inquiry" means a request for information but does not imply a request for assistance.
"Payee"means the person in the household in whose name benefits are issued.The person considered the payee varies depending on the requested programs.The payee may or may not be included in the benefit.¢ 6
(A) For the Child Care Subsidy Program, the payee must be the person responsible for the child for whom benefits are requested.The payee is not required to be related to the child.When the parent of the child is in the home, the parent must be the payee, per OAC 340:40-3-1(a)(2).
(B) For the TANF Program, the 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.
(C) For SNAP, the payee may be any responsible adult living in the home, per OAC 340:50-3-1.
(D) For the SoonerCare (Medicaid) Program, the payee is the person for whom benefits are requested or the person responsible for the minor child for whom benefits are requested.The payee is not required to be related to the child.When the parent of the child is in the home, the parent must be the payee.
(E) For the SSP Program, the payee is the person for whom benefits are requested.When the person for whom benefits isare requested is a minor child, the child is coded as a payee with a guardian.¢ 7
(F) For LIHEAP, the payee may be any responsible adult living in the home.When the household receives other benefits, the payee is the same person shown as payee for the other benefits.
"Recipient" means a person who receives services, cash assistance, or other benefits.
INSTRUCTIONS TO STAFF 340:65-3-2
Revised 1-15-19
1.The applicant or person acting on the applicant's behalf may sign the application electronically when using OKDHSLive.
2.The worker documents the date of the verbal request using case notes in the Family Assistance/Client Services (FACS) system.
3.A verbal request does not preserve the application date for a person in an eligibility group for which the Oklahoma Health Care Authority (OHCA) determines SoonerCare (Medicaid) eligibility.
4.The worker must document why the verbal request date was used instead of the date the applicant signs the application.
5.When the person has an existing case record, the worker documents the applicant's contact with the Oklahoma Department of Human Services (DHS) in FACS case notes.When a case record does not exist, the worker documents the contact as information and referral only.
6.The worker does not change the case name and number when a different household member signs the Supplemental Nutrition Assistance Program (SNAP) certification renewal or other program renewal unless the household specifically requests a change.Changing the case name and number when it is not necessary may create benefit access or retrieval problems when there are multiple case records for the same household.
7.(a) When capable, a 16 or 17 year old minor child may be the payee of his or her State Supplemental Payment (SSP) benefit.
(b) When the SSP recipient is a minor child or an adult in need of a substitute payee/ responsible adult, the worker must enter household information in the FACS Interview Notebook Household tab for the person and the parent or other responsible adult.Information about the parent or other responsible adult must be added in order for the his or her name to appear on the debit card.
(1) For the child or the adult in need of a substitute payee, the worker:
(A) selects "G, applicant or recipient with guardian, conservator, or substitute payee" in the "relationship to payee" field; and
(B) enters the name of the child's guardian in the "guardian, substitute payee, conservator, authorized representative, other responsible person, or extra address line" field in the FACS Interview Notebook Case Information tab.
(2) For the parent or other responsible adult, the worker selects the indicator of:
(A) "P, applicant, recipient payee or head of household" in the "relationship to payee" field; and
(B) "A, State Supplement to the aged"; "B, State Supplement to the blind"; or "D, State Supplement to the disabled" in the "benefit type" field; and "N, not included in benefit.Income and resources are not considered for benefit computation" field.
340:65-3-6. Cash assistance payment procedures
Revised 9-15-179-16-19
(a) Payment method choices.The Oklahoma Department of Human Services (DHS) issues cash assistance benefits through a contractor on a debit card or by direct deposit.DHS initially issues the benefit on a debit card.¢ 1
(1) After the first benefit issues, the recipient may continue to receive benefits by debit card or change the payment method to direct deposit.
(2) The recipient may switch between direct deposit and debit card as needed.
(b) Debit card procedures.Debit card procedures are listed in (1) through (6) of this subsection. ¢ 2
(1) Unless the applicant was previously issued a debit card, it is issued to the applicant after the application is placed in application status or after benefits are approved.
(A) A debit card issues after the application is placed in application status when the applicant was previously issued a client number.DHS assigns a client number to a person after he or she is approved for a DHS benefit or when the person has an open child support case with DHS Child Support Services (CSS).¢ 3
(B) When the applicant does not have a client number, the debit card issues after the worker certifies the Temporary Assistance for Needy Families (TANF) or State Supplemental Payment (SSP) benefit.
(C) DHS does not issue a debit card to an applicant when he or she was previously issued a debit card.When the applicant states he or she no longer has the debit card, the applicant must call 1-888-401-9843, the contractor's customer service phone number, to obtain a replacement card.
(2) Once the applicant receives the debit card, he or she must call the customer service phone number located on the back of the debit card to activate the card and choose a personal identification number (PIN).
(3) Initial and replacement debit cards are mailed to the applicant or recipient's mailing address along with information regarding:¢ 4
(A) the customer service phone number the applicant must call to activate the debit card or to report a lost or stolen card;
(B) how to make purchases using the debit card or get cash from participating automated teller machine (ATM) locations;
(C) free services, including two free ATM withdrawals per calendar month from MoneyPass ATMs, and fees;¢ 5
(D) how to request a companion cardholder or switch to direct deposit;¢ 6 and
(E) the website address where the applicant may access his or her account balance and transaction information.
(4) The recipient is eligible for a free replacement card once every 12 months upon request.The recipient is charged a fee when he or she requests a replacement card more than once every 12 months.The debit card expires every three years and a free replacement is sent to recipients with open benefits.
(5) The recipient may request one or more companion cards.The companion card(s) may only be ordered online.¢ 6
(A) The companion card is sent to the recipient's address.
(B) Once the companion cardholder receives the companion card, he or she must call the customer service phone number located on the back of the debit card to activate the card and choose a PIN.
(C) Funds are placed on the companion card by the recipient.The recipient may:
(i) choose to transfer funds to the companion card by amount or by a percentage of benefits received for the month;
(ii) set up the transfer on a recurring basis or as a one-time occurrence; and
(iii) move money back and forth between the primary account and the companion card as he or she chooses.
(D) The same fees apply to companion cards as they do for the recipient's card.
(5)(6) When the recipient informs the worker that he or she did not receive the debit card, the worker checks to see if the recipient's address changed.When the address changed, the worker updates the system with the correct address.The recipient must call the customer service phone number to request a replacement card.¢ 67
(6)(7) When the recipient fails or refuses to activate his or her debit card within 90-calendar days, the benefits are expunged from the debit card and returned to DHS.
(A) Upon notification of expunged benefits, the worker contacts the recipient to offer assistance in pinning the debit card.
(i) When the worker is unable to reach the recipient by phone, the workerhe or she sends Form 08AD092E, Client Contact and Information Request, and gives the recipient 10-calendar days to contact the worker.
(ii) When the worker is able to talktalks to the recipient, the workerhe or she determines why the recipient did not pinchoose a PIN for the debit card and offers assistance.The worker advises the recipient to pinchoose a PIN for the debit card within 10-calendar days and let the worker know when it is pinned so he or she can restore expunged benefits to the debit card.IfWhen the client does not contact the worker within 10-calendar days to reissue the expunged benefits, the worker sends Form 08AD092E and gives the client 10- calendar days to respond.
(B) The funds may be reloaded on the recipient's debit card if he or she pinschooses a PIN for the debit card and requests DHS reissuance within 365-calendar days of the issuance date.¢ 78
(C) When the recipient fails or refuses to pinschoose a PIN for the debit card within 10-calendar days of issuing Form 08AD092E, the worker closes the cash assistance benefit due to non-cooperation.¢ 89When the:
(i) Temporary Assistance for Needy Families (TANF) cash assistance benefit closes due to non-cooperation, the assistance unit's SoonerCare (Medicaid) benefit closes.When the recipient wants to continue to receive SoonerCare (Medicaid) benefits, he or she must reapply through the Oklahoma Health Care Authority's online enrollment system;¢ 910or
(ii) State Supplemental Payment cash assistance benefit closes due to non-cooperation, the recipient's SoonerCare (Medicaid) benefit remains open.
(D) The recipient's cash assistance benefit may be reopened when the recipient pinschooses a PIN for the debit card and notifies the worker within 30-calendar days of closure.
(c) Electronic benefit transfer (EBT) transaction restrictions.EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service.Per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)), and Section 241.4 of Title 56 of Oklahoma Statutes, no debit or EBT card containing state or federal funds from programs including, but not limited to, TANF may be used in any transaction in any:¢ 1011
(1) liquor store.The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor.The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods, per Section 3(r) of the Food and Nutrition Act;
(2) casino, gambling casino, or gaming establishment except for:
(A) a grocery store that sells groceries, including staple foods, per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or
(B) any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;
(3) retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or
(4) retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products.
(d) Direct deposit procedures.When the recipient prefers to receive benefits through direct deposit, he or she must complete and sign the direct deposit form, provide a voided check or a savings account deposit slip, and return them to the address on the formgoes online to www.goprogram.com or phones 1-888-401-9843 to set up a bank transfer.¢ 1112
(1) To obtain the direct deposit form, the recipient calls the customer service phone number located on the back of the debit card, downloads a direct deposit form from the www.goprogram.com website, or obtains one from the worker.When the recipient chooses direct deposit, he or she may decide to transfer 100 percent of the benefit to a designated bank account or may choose to transfer a percentage of the benefits to a bank account and keep the rest of the funds on the debit card.¢ 12
(2) After receiving the completed form and confirming account information, the contractor has five-business days to enter direct deposit information in the system.
(3)(2) Benefits are changedtransferred to direct deposit for the next payment due after direct deposit information is entered in the system.
(4)(3) Funds cannot be transferredThe recipient may transfer funds from a debit card to direct deposita bank account on a one-time basis.There is a fee associated with the transfer.
(e) Benefit issuance.After the initial issuance, the recipient's cash assistance benefit is deposited in the recipient's checking or savings account or loaded on the recipient's debit card each month.¢ 13
(1) The funds are available for withdrawal after deposit.
(2) After the monthly benefit is deposited in the recipient's account or loaded on the debit card, DHS is not responsible if someone other than the payee withdraws the funds.Banking regulations govern withdrawals.
(3) Recipients are encouraged to be prudent about giving withdrawal privileges or debit card access to other people.
(f) Issuance problem procedures.When problems occur with direct deposit or debit card deposits, procedures for dealing with these problems are listed in (1) through (5) of this subsection.
(1) When the recipient provides incorrect account information, the cash assistance benefit cannot be deposited in the recipient's bank account.The contractor's staff attempts to contact the recipient to obtain current banking information.When the recipient fails to provide current information or five calendar days lapse without contactthis occurs, the contractor converts the payment method to a debit card.TheWhen the recipient must complete a newwants direct deposit, he or she must request direct deposit form and provide current account information before another attempt is made to issue benefits through direct depositagain, per (d) of this Section.
(2) When a deposit is not made to the recipient's direct deposit account or loaded on the debit card, the recipient must report the problem to the contractor's customer service phone number.The contractor handles any communication with banking institutions or debit card vendors and then contacts the recipient regarding resolution.
(3) When the recipient dies while receiving benefits, questions may arise concerning unspent funds in the recipient's bank account or on his or her debit card.
(A) When the client is not eligible for a payment made after death to the recipient's debit card or bank account, an overpayment may be established against the estate.
(i) DHS notifies the debit card contractor to expunge the funds from the debit card, when possible.¢ 14
(ii) Payments made by direct deposit, cannot be expunged or retrieved.
(B) When there are unused benefits on the debit card at the time of death for which the recipient was entitled and someone contacts DHS to request these benefits, he or she is advised to contact the customer service phone number located on the back of the recipient's debit card to request the funds.When unused funds remain in a bank account, the person must contact the financial institution to request the funds.
(4) When the recipient's cash assistance benefit closes due to transfer of eligibility to another cash assistance case, the payment method is automatically transferred to the new case provided the client number of the payee in the closed and new case is the same.When the recipient's cash assistance benefit closes and he or she later reapplies and is approved with the same client number, the previously chosen payment method is used to issue the cash assistance benefit.The recipient must call the contractor's customer service phone number to change the payment method or to update bank account information.
(5) When the payee for the cash assistance benefit changes for any reason, the new payee is assigned a new client number unless one was previously issued to him or her.
(A) The new payee is considered an applicant.Refer to (a) and (b) of this Section regarding payment methods and initial payments.
(B) The new payee does not have access to benefits issued prior to the payee change.
INSTRUCTIONS TO STAFF 340:65-3-6
Revised 1-15-19
1.(a) When capable, a 16 or 17 year-old minor child may be the payee of his or her State Supplemental Payment (SSP) benefit.
(b) When the person receiving State Supplemental Payment (SSP) benefits is a minor child with a parent as the natural guardian or an adult with a legal guardian, substitute payee, or other responsible adult, the worker must enter information about the recipient and the responsible adult in order for the responsible adult's name to appear on the debit card.
(1) In the Family Assistance/Client Services (FACS) Interview Notebook Household tab, the worker selects:
(A) "G, applicant or recipient with guardian, conservator, or substitute payee" in the "relationship to payee" field for the recipient; and
(B) "P, applicant, recipient payee or head of household" in the "relationship to payee" field for the responsible adult; and
(C) "A, State Supplement to the Aged"; "B, State Supplement to the blind"; or "D, State Supplement to the disabled" in the "benefit type" field; and "N, not included in benefit.Income and resources are not considered for benefit computation" in the "status" field for the responsible adult.
(2) In the FACS Interview Notebook Case Information tab, the worker enters the name of the responsible adult in the "guardian, substitute payee, conservator, authorized representative, other responsible person, or extra address line" field.
(c) When the payee is a minor on the Temporary Assistance for Needy Families (TANF) benefits, he or she is coded as the payee in order to track the minor's lifetime TANF receipt limit of 60 months.When there is a substitute payee, the worker enters the name of the substitute payee in the "guardian, substitute payee, conservator, authorized representative, other" field and "substitute payee" in the "responsible person, or extra address" field of the FACS Interview Notebook Case Information tab.The substitute payee is the secondary cardholder for the TANF benefits.
2.When the client has unresolvable debit card issues, contact the appropriate program mailbox for assistance.
3.(a) The Oklahoma Department of Human Services (DHS) uses the client number as the primary unique identifier for case number assignment.This includes case numbers assigned for TANF, SSP, and child support payments issued by the DHS Child Support Services.
(1) The client number may also be called the Client ID (CID), Department Client Number (DCN), or the Recipient ID (RID).
(2) The worker checks the client number on each case to ensure the client number matches by entering CMC space case number or by looking at the client number on the FACS Household tab for the person for each case number.
(3) When more than one client number was issued for the same person, the worker opens a Remedy ticket to collapse the numbers into one client number.
(b) Included with the debit card are three other collateral documents produced by the contractor.These forms may be viewed online at www.goprogram.com.The forms are:
(1) Form ACS-OK-103, Oklahoma MasterCard Card Terms of Use;
(2) Form ACL-OK-02, Enjoy the Benefits of Your New Oklahoma Debit MasterCard; and
(3) Form ACC-OK-02, Your Oklahoma Debit MasterCard Card.
4.The worker may read and print debit card information from Finance and Administration Electronic Payment Systems (EPS) job function page or at www.goprogram.com.
5.MoneyPass is an automated-teller machine (ATM) Network System.MoneyPass ATMs are located in all Walmart stores and at other locations throughout the state.The recipient or worker may locate the closest ATM at www.moneypass.com.
6.The recipient may request one or more companion cards at www.goprogram.com.The companion card(s) may only be ordered online.Due to banking rules, the worker and the contractor are not allowed to designate a companion cardholder for the recipient.When the client has unresolvable debit card issues, contact the appropriate program mailbox for assistance.
(1) The companion card is sent to the recipient's address.
(2) Once the companion cardholder receives the companion card, he or she must call the customer service phone number located on the back of the debit card to activate the card and choose a personal identification number.
(3) Funds are placed on the companion card by the recipient.The recipient may:
(A) choose to transfer funds to the companion card by amount or by a percentage of benefits received for the month;
(B) set up the transfer on a recurring basis or as a one-time occurrence; or
(C) move money back and forth between the primary account and the companion card.
(4) The same fees apply to companion cards as they do for the recipient's card.
7.(a) The worker checks to see if a debit card returned by entering BN space the case number.When the BN1 screen shows an "EW" in the "benefit" field and the "type issuance" field shows "CR," the client's debit card and payment were returned to DHS or the money was expunged from the debit card.
(b) There is no fee for issuing a replacement card when the recipient did not activate and pin the initial card.
8.After the recipient pins his or her debit card, the worker contacts the Adult and Family Services (AFS) Help Desk or EPS staff to request benefits be reloaded on the recipient's debit card.The worker documents in FACS case notes the recipient's reason for not pinning the debit card.
9.For SSP, closing the recipient's benefit when he or she does not plan to access the benefits reduces the amount of unused issued benefits DHS must count toward its obligation to comply with a federal mandate not to decrease funds spent on the program each year.
10.The online enrollment system does not allow the recipient to apply for SoonerCare (Medicaid) benefits until after the effective date of the TANF closure.
11.(a) Refer to Oklahoma Administrative Code 340:10-3-57(h) for TANF client penalties.Section 241.4 of Title 56 of the Oklahoma Statutes does not require assessment of client penalties for recipients receiving SSP.
(b) In 2016, DHS switched cash assistance benefits to a debit card that does not allow usage in prohibited locations.
12.The recipient goes online to www.goprogram.com or phones 1-888-401-9843 to set up a bank transfer.
(1) When the recipient:
(A) goes online, there is an option to choose 'special services' on the left side of the screen.The recipient will find information there about different types of transfers.For direct deposit, the recipient chooses 'recurring transfer' and then enters bank account information; or
(B) phones 1-888-401-9843, and chooses option 1 for English and option 1 again to enter EBT card information.He or she then hears a menu of choices and chooses option 4 for "special services."The recipient is then directed to set up direct deposit by choosing "recurring transfers."
(2) When the recipient chooses direct deposit, he or she may decide to transfer 100 percent of the benefit to a designated bank account or may choose to transfer a percentage of the benefits to a bank account and keep the rest of the funds on the debit card.
13.The TANF cash assistance benefit is deposited in the recipient's checking or savings account or loaded on the recipient's debit card on the first day of each month.The SSP cash assistance benefit is deposited in the recipient's checking or savings account within three business days of the 28th day of each month or loaded on the recipient's debit card on the 28th day of each month.
14.The worker codes the case to show the recipient's date of death.This causes the system to automatically status the cardholder as deceased and deactivates the recipient's debit card.The EPS Unit may then formally request the contractor return any money issued after the recipient's death to DHS.The EPS Unit does not write an overpayment when it is not possible to expunge the benefit.
