APA WFs 16-09 and 17-08

COMMENT DUE DATE:

March 3, 2017

DATE:

February 1, 2017

Laura Brown, Policy Liaison 405-521-4396

Dena Thayer, Programs Administrator 405-521-4326

RE:

APA WFs 16-09 and 17-08

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org.

The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.

SUBJECT:Chapter 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

340:10-2-3 through 340:10-2-4 [AMENDED]

Subchapter 3. Conditions of Eligibility – Need

Part 1. Resources

OAC 340:10-3-5 through 10-3-6 [AMENDED]

Part 3. Income

340:10-3-32 [AMENDED]

340:10-3-40 [AMENDED]

Part 5. Assistance Payments

340:10-3-57 [AMENDED]

Part 7. Transitional Benefits

340:10-3-75 [AMENDED]

Subchapter 18. Conditions of Eligibility for Support Service Funds for Child Only Cases

340:10-18-1 [AMENDED]

(Reference WFs 16-09 and 17-08)

SUMMARY:The proposed revisions to Chapter 10, Subchapter 2 amend the rules to:(1) remove substance abuse screening information from employability planning and the names of assessment tools; (2) add information regarding the Child Care Subsidy Program; (3) add clarifying and plain language for enhanced understanding; and (4) update terminology.

The proposed revisions to Chapter 10, Subchapter 3 amend the rules to:(1) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations; (2) remove outdated information and staff instructions regarding stocks and bonds; (3) remove from 10-3-5 disregarded resources that are duplicated as disregarded income in 340:10-3-40; (4) change self-employment business expense computations; (5) exclude all educational income unless it serves the same purpose as TANF; (6) add information regarding how to verify loans received on a recurrent basis; (7) reorder and clarify information regarding receipt or loss of receipt of a State Supplemental Payment; (8) add information regarding how to apply for SoonerCare (Medicaid) when the TANF benefit closes; (9) remove gender information when considering if someone is acting in the role of a spouse; (10) remove incorrect information regarding income allocation of an alien parent; (11) add rule and legal citations; (12) update, reorder, and clarify information regarding continued medical benefit receipt following a TANF closure due to earnings; (13) remove an outdated form; (14) update the medical application process after continued medical benefits (CMB) end or when an additional member moves into the home during receipt of CMB; (15) add clarifying and plain language for enhanced understanding; and (16) update terminology.

The proposed revisions to Chapter 10, Subchapter 18 amend the rules to:(1) state support service funds are not approved to reimburse an individual for already paid services; and (2) reorder and clarify the use and payment of support service funds for enhanced understanding.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; Section 162, 230.52, 230.65, 230.72 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statues (56 O.S. §§ 162, 230.52, 230.65, 230.72, and 4001.1 through 4001.5); Part 261.11 and 261.12 of Title 45 of the Code of Federal Regulations; Sections 401 and 408 of the Social Security Act, Sections 529A and 2503 of Title 26 of the United States Code (26 U.S.C. §§ 529A and 2503); and 42 U.S.C. §§ 601 and 608.

Rule Impact Statement

To:Programs Administrator

Legal Services - Policy

From:Jim Struby,Director

Adult and Family Services

Date:January 3, 2017

Re:Chapter 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Subchapter 3. Conditions of Eligibility - Need

Part 1. Resources

OAC 340:10-3-5 through 10-3-6 [AMENDED]

Part 3. Income

OAC 340:10-3-40 [AMENDED]

(Reference 16-09)

Contact:Laura Brown, 405-521-4396

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

Purpose.

The proposed amendments to Chapter 10, Subchapter 3 amend the rules to:(1) exclude from income and resource consideration money deposited into or withdrawn, from a qualified Achieving a Better Life Experience (ABLE) Program account per federal and state regulations; (2) remove outdated information and staff instructions regarding stocks and bonds; (3) remove from Oklahoma Administrative Code (OAC) 340:10-3-5 disregarded resources duplicated as disregarded income in OAC 340:10-3-40; (4) exclude all educational income unless it serves the same purpose as Temporary Assistance for Needy Families (TANF); (5) add information regarding how to verify loans received on a recurrent basis; (6) add clarifying and plain language for enhanced understanding; and (7) update terminology and a legal citation.

Strategic Plan Impact.

The proposed amendments achieve Oklahoma Department of Human Services (DHS)goals by continuously improving systems, processes, and communication with DHS clients and staff.

Substantive changes.

Subchapter 3. Conditions of Eligibility - Need

Part 1. Resources

OAC 340-3-5 is amended to:(1) exclude from resource consideration money deposited into or withdrawn, from a qualified ABLE Program account per federal and state regulations; (2) remove outdated information and staff instructions regarding stocks and bonds; (3) remove disregarded resources duplicated as disregarded income in OAC 340:10-3-40; and (4) add clarifying and plain language for enhanced understanding.

OAC 340:3-6 is amended to:(1) exclude from resource consideration money deposited into or withdrawn, from a qualified ABLE Program account per federal and state regulations; and (2) add clarifying and plain language for enhanced understanding.

Part 3. Income

OAC 340:10-3-40 is amended to: (1) exclude all educational income unless it serves the same purpose as TANF; (2) add information regarding how to verify loans received on a recurrent basis; (3) exclude from income consideration money deposited into or withdrawn, from a qualified ABLE Program account per federal and state regulations; (4) update terminology and a legal citation; and (5) simplify language.

Reasons.

The amendments are proposed in order to comply with legislation effective January 1, 2017, regarding Oklahoma ABLE Program accounts.Educational income is excluded and treatment of loans is clarified to align with proposed Supplemental Nutrition Assistance Program and Child Care Subsidy Program rules.

Repercussions.

If the proposed amendments are not implemented, rules will not be in compliance with new legislation and may result in staff considering funds deposited into or withdrawn from qualified ABLE Program accounts as countable resources and income in error.

Legal authority.

Director of Human Services; Sections 162, 230.52, and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statues; and Sections 529A and 2503 of Title 26 of the United States Code.

Permanent rulemaking approval is requested.These rules will be submitted as emergency rules by January 13, 2017 with an effective date of March 1, 2017 to comply with Statute that was effective January 1, 2017. They are also included in the permanent rulemaking to prevent them expiring before the next permanent rulemaking time period.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed amendments are households applying for or receiving TANF cash assistance benefits and DHS staff.The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are households applying for or receiving TANF, and DHS staff.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The amendments do not have an economic impact on the affected entities.There are no fee changes associated with the amended 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 DHS cost of printing and distributing the rules is estimated to be less than $20. The revised rules will result in enhanced delivery of services to households applying for or receiving TANF and may decrease DHS errors.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed amendments do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the 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 may reduce health risks for families with qualified ABLE Program accounts and facilitate the delivery of benefits and services to persons who are in need.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented, health risks may not be reduced for persons with qualified ABLE Program accounts.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on December 5, 2016; January 3, 2017.

Rule Impact Statement

To:Programs Administrator

Legal Services - Policy

From:Jim Struby,Director

Adult and Family Services

Date:January 3, 2017

Re:Chapter 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

OAC 340:10-2-3 through 340:10-2-4 [AMENDED]

Subchapter 3. Conditions of Eligibility - Need

Part 3. Income

340:10-3-32 [AMENDED]

340:10-3-40 [AMENDED]

Part 5. Assistance Payments

OAC 340:10-3-57 [AMENDED]

Part 7. Transitional Benefits

OAC 340:10-3-75 [AMENDED]

Subchapter 18. Conditions of Eligibility for Support Service Funds for Child Only Cases

OAC 340:10-18-1 [AMENDED]

(Reference WF 17-08)

Contact:Laura Brown 405-521-4396

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

Purpose.

The proposed revisions to Chapter 10, Subchapter 2 amend the rules to:(1) remove substance abuse screening information from employability planning and the names of assessment tools; (2) add information regarding the Child Care Subsidy Program; (3) add clarifying and plain language for enhanced understanding; and (4) update terminology.

The proposed revisions to Chapter 10, Subchapter 3 amend the rules to:(1) change self-employment business expense computations; (2) exclude all educational income unless it serves the same purpose as TANF; (3) add information regarding how to verify loans received on a recurrent basis; (4) reorder and clarify information regarding receipt or loss of receipt of a State Supplemental Payment; (5) add information regarding how to apply for SoonerCare (Medicaid) when the TANF benefit closes; (6) remove gender information when considering if someone is acting in the role of a spouse; (7) remove incorrect information regarding income allocation of an alien parent; (8) add rule citations; (9) update, reorder, and clarify information regarding continued medical benefit receipt following a TANF closure due to earnings; (10) remove an outdated form; (11) update the medical application process after continued medical benefits (CMB) end or when an additional member moves into the home during receipt of CMB; (12) add clarifying and plain language for enhanced understanding; and (13) update terminology and legal citation.

Strategic Plan Impact.

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

Substantive changes.

Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program

Oklahoma Administrative Code (OAC) 340:10-2-3 is amended to:(1) remove substance abuse screening information from employability planning and names of assessment tools; (2) add information regarding the Child Care Subsidy Program; and (3) add clarifying language for enhanced understanding.

OAC 340:10-2-4 is amended to: (1) update terminology; and (2) simplify language.

Subchapter 3. Conditions of Eligibility - Need

Part 3. Income

OAC 340:10-3-32 is amended to: (1) change self-employment business expense computation; (2) add clarifying and plain language for enhanced understanding; and (3) update terminology and a legal citation.

Part 5. Assistance Payments

OAC 340:10-3-57 is amended to:(1) reorder and clarify information regarding receipt or loss of receipt of a State Supplemental Payment; (2) add information regarding how to apply for SoonerCare (Medicaid) when TANF closes; (3) remove gender information when considering if someone is acting in the role of a spouse; (4) remove incorrect information regarding income allocation of an alien parent; and (5) add clarifying language for enhanced understanding.

Part 7. Transitional Benefits

OAC 340:10-3-75 is amended to: (1) update, reorder, and clarify information regarding continued medical benefit receipt following a TANF closure due to earnings for enhanced understanding; (2) remove an outdated form; (3) update medical application process after CMB end or an additional member moves into the home during receipt of continued medical benefits; (4) add rule citations; and (5) add clarifying language for enhanced understanding.

Subchapter 18. Conditions of Eligibility for Support Service Funds for Child Only Cases

OAC 340:10-18-1 is amended to:(1) state support service funds are not approved to reimburse someone for already paid services; and (2) reorder and clarify the use and payment of support service funds for enhanced understanding.

Reasons.

The proposed amendment to:

(1) remove substance abuse screening information from employability planning is made as this is a requirement before approval and is not placed on the employability plan;

(2) remove the names of assessment tools used in employability planning to allow for changes in the tools used;

(3) change how self-employment business expenses are computed, exclude educational income, and add information regarding how to verify loans received on a recurrent basis to align with Child Care Subsidy and Supplemental Nutrition Assistance Program rule changes.Rules are less error prone when the same rules apply to multiple programs;

(4) remove gender information when considering if someone is acting in the role of a spouse now that same sex marriages are valid; and

(5) make policy easier to understand for clients, local county office staff, and the public by reordering information, adding taglines, clarifying information, and rule citations, and updating outdated information.

Repercussions.

If the proposed revisions are not implemented, staff may not process benefits accurately due to unclear rules and current processes not being reflected in policy.

Legal authority.

Director of Human Services; Section 162, 230.52, 230.65, and 230.72 of Title 56 of the Oklahoma Statues; Part 261.11 and 261.12 of Title 45 of the Code of Federal Regulations; and Section 401 and 408 of the Social Security Act, Section 601 and 608 of Title 42 of the United States Code.

Permanent rulemaking approval is requested.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are households applying for or receiving TANF cash assistance benefits or CMB and DHS staff.The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are households applying for or receiving TANF or CMB and DHS staff.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules 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:The probable cost to DHS includes the cost of printing and distributing the rules estimated to be less than $20. The revised rules will result in enhanced delivery of services to households applying for or receiving TANF or CMB and may decrease DHS errors.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules 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.

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 rules may reduce health risks for families eligible for CMB or those wanting to apply for SoonerCare medical benefits following CMB closure, and increase client and staff understanding of when and how support service funds are approved.Income and TANF Work changes are not expected to have an impact on public health, safety, or the 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 rule revisions are not implemented, it may reduce client and staff understanding of the CMBand support service fund eligibility process and decrease accuracy.Income and TANF Work changes are not expected to have an impact on public health, safety, or the environment.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared on May 5, 2016; modified July 25, 2016; modified November 7, 2016; modified January 3, 2017.