COMMENT DUE DATE:
February 14, 2020
DATE:
January 15, 2020
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326
RE:
APA WF 20-2B
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 amendments are permanent.
A public hearing is scheduled for 10:00 a.m. on February 24, 2020, 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 2. ADMINISTRATIVE COMPONENTS
Subchapter 33. Rates and Standards
340:2-33-1 [AMENDED]
340:2-33-2 through 340:2:33-3 [REVOKED]
(Reference WF 20-2B)
SUMMARY:
The proposed amendments to Chapter 2, Subchapter 33 amend the rules to:(1) remove instructions to staff in the rules; (2) reorganize and make non-substantive changes to improve rule clarity; and (3) revoke obsolete Sections.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); and 74 O.S. §§ 85.1 et seq.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Samantha Galloway
Chief of Staff
Date:December 13, 2019
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 33. Rates and Standards
340:2-33-1 [AMENDED]
340:2-33-2 through 340:2:33-3 [REVOKED]
(Reference WF 20-2B)
Contact:Dena Thayer, Programs Administrator 405-521-4326
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 2, Subchapter 33 amend the rules to:(1) remove instructions to staff in the rules; (2) reorganize and make non-substantive changes to improve rule clarity; and (3) revoke obsolete Sections.
Strategic Plan Impact.The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes.
Substantive changes.
Subchapter 33. Rates and Standards
Oklahoma Administrative Code (OAC) 340:2-33-1 is amended to:(1) remove instructions to staff in the rules; and (2) reorganize and make non-substantive changes to improve rule clarity.
OAC 340:2-33-2 and 340:2-33-3 are revoked because updating OAC 340:2-33-1 makes them obsolete.
Reasons.The proposed amendments are made to:(1) clarify and simplify rules for clients, DHS staff, and the public; (2) remove unnecessary, incorrect, or obsolete information; (3) and update terminology.
Repercussions.If the proposed amendments are not implemented, clients and the public may notclearly understand DHS rules and DHS staff may misapply the rules.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); and 74 O.S. §§ 85.1 et seq.
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 amendments are the citizens of Oklahoma and the recipients of DHS services. 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 Oklahoma citizens and DHS recipients.
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 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:There is no probable cost to DHS.
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 is intended to help DHS clients and positively impact the health, safety, and well-being of the citizens of Oklahoma.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Implementation of the proposed amendments keeps the rules compliant with state Statutes.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 13, 2019.
SUBCHAPTER 33. RATES AND STANDARDS
340:2-33-1. Purpose Rates and standards
(a) The purpose of this Subchapter is to describe the process the Oklahoma Department of Human Services (OKDHS) uses for establishing and modifying fixed rates and service levels for service provider contracts.Legal basis.Section 85.1 et seq. of Title 74 of the Oklahoma Statutes (74 O.S. §§ 85.1 et seq.) is the legal basis for establishing fixed and uniform rates.
(1) 74 O.S. § 85.7 requires agencies desiring to have a service qualified for a fixed and uniform rate, or an established rate modified, submit a written request and all supporting documentation to the Office of Management and Enterprise Services Division of Capital Assets Management (OMES DCAM).When OMES DCAM qualifies such service for a fixed and uniform rate, the rate must be approved in a public hearing, before the Oklahoma Department of Human Services (DHS) can enter into a legal contract.
(2) Within two weeks after the Legislature convenes, each state agency provides the Speaker of the House of Representatives and the President Pro Tempore of the Senate a complete list of all services paid for by fixed and uniform rates and, the number of contracts in existence for each type of service.
(b) Rate approval or disapproval.The DHS Rates and Standards Committee (Committee) is comprised of DHS executive-level staff designated by the Director of Human Services (Director).The Committee conducts public hearings where the public, vendors, and DHS staff are afforded the opportunity to provide testimony and documented evidence regarding the rate recommendation.The Committee approves or disapproves the rate and makes a recommendation to the Director.The Director of Human Services (Director) sets the rates for OKDHS DHS-administered programs.
(c) The policies and procedures in this Subchapter describe how information and recommendations are collected and provided to the Director for use in establishing service rates and standards.
340:2-33-2. Legal basis and role of the Department of Central Services [REVOKED]
(a) The Oklahoma Central Purchasing Act found at Section 85.1 et. seq. of Title 74 of the Oklahoma Statutes is the legal basis for establishing fixed and uniform rates.
(b) The statute requires agencies desiring to have a service qualified for a fixed and uniform rate, or an established rate modified, submit a written request and all supporting documentation to the Office of Management and Enterprise Services Division of Capital Assets Management (DCAM).If DCAM qualifies such service for a fixed and uniform rate, the rate must then be approved in a public hearing before the agency can enter into a legal contract.
(1) The agency notifies the DCAM Director at least 30 days in advance of the scheduled hearing.The agency delivers the notice, a copy of the agenda items relating to the proposed rate, and all supporting documentation.
(2) The DCAM Director communicates a recommendation to the agency in advance of the hearing or at the time of the hearing.Whether made in person or in writing, any comment made by the DCAM Director is, by law, included in the hearing minutes.
(c) Within two weeks after the Legislature convenes, the administrative officer of each state agency provides the Speaker of the House of Representatives and the President Pro Tempore of the Senate a complete list of all services paid for by uniform fixed rates and the number of contracts in existence for each type of service.
340:2-33-3. Committee on Rates and Standards [REVOKED]
(a) The Committee on Rates and Standards (Committee) is comprised of Oklahoma Department of Human Services (OKDHS) administrative and executive level staff designated by the Director of Human Services (Director).
(b) The Director sets OKDHS rates.
(c) The Committee serves the rate setting process by conducting public hearings where the public, vendors, and OKDHS staff are afforded the opportunity to provide testimony and documented evidence in support of rate recommendations.
(1) The Committee, by majority vote, records a recommendation to the Director setting forth specific payment rates for specific services.If the Committee determines additional information is needed, the chair may recess the meeting until a later date to allow interested parties or staff additional time to secure the information.
(2) Once the Committee reaches a recommendation, the Director reviews and approves or disapproves the rate.
