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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 16-10 and 17-12

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 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 1. General Provisions

340:50-1-5 [AMENDED]

340:50-1-8 through 340:50-1-9 [AMENDED]

S Subchapter 3. Application Process

340: 50-3-2 [Amended]

Subchapter 5. Non-Financial Eligibility Criteria

Part 1. Household Definition

340:50-5-5 [Amended]

340:50-5-7 [Amended]

340:50-5-7.1 [NEW]

340:50-5-10.1 [Amended]

Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees

340:50-5-48 [Amended]

Part 7. Related Provisions

340:50-5-64 [Amended]

Part 9. Work Registration

340:50-5-88 [AMENDED]

340:50-5-97 [REVOKED]

Subchapter 7. Financial Eligibility Criteria

Part 3. Income

340:50-7-22 [Amended]

340:50-7-29 through 340:50-7-31 [Amended]

Part 5. Determination of Income

340:50-7-45 through 340:50-7-46 [Amended]

Subchapter 9. Eligibility and Benefit Determination Procedures

340:50-9-1 [Amended]

340:50-9-5 [Amended]

Subchapter 11. Special Procedures

Part 1. Households Entitled to Expedited Service

340:50-11-1 [Amended]

Part 12. Categorically Eligible Households

340:50-11-111 [Amended]

340:50-11-113 [Amended]

Subchapter 15. Overpayments and Fraud

Part 1. Overpayments

340:50-15-1 [Amended]

340:50-15-3 through 340:50-15-4 [Amended]

340:50-15-6 [Amended]

Part 3. Fraud Intentional Program Violation

340:50-15-25 [Amended]

(Reference APA WFs 16-10 and 17-12)

SUMMARY:The proposed revisions to Chapter 50, Subchapter 1 amend the rules to:(1) change the name of the Section; (2) update: (a) the Supplemental Nutrition Assistance Program (SNAP) non-discrimination statement; (b) client rights information; (c) client and Oklahoma Department of Human Services (DHS) staff responsibility requirements; and (d) terminology; (3) add information regarding: (a) public notification requirements; (b) the civil rights complaint process and form; (c) ethnic and racial categories and data reporting requirements; (d) interpreter services and alternative means of communication for persons with disabilities; and (e) policy citations; and (4) remove redundant and unnecessary information.

The proposed revisions to Chapter 50, Subchapter 3 amend the rules to:(1) update interview requirements to allow completion by phone on all SNAP interviews and remove the hardship condition and duplicative interview waiver information requirements; (2) add clarifying information regarding verification and worker assistance requirements following a postponed interview, when requested; (3) simplify language regarding interview scheduling; (4) update a form name; and (5) add clarifying language for household cooperation with eligibility determination and quality control.

The proposed revisions to Chapter 50, Subchapter 5 amend the rules to:(1) simplify and remove repetitive information regarding persons who cannot be considered non-household members; (2) reorganize, rename, and move information regarding households in this Subchapter to:(a) combine all boarder information into one Section; (b) clarify information regarding when a child in foster care or placed by Developmental Disabilities Services (DDS) with an extended family care provider may receive food benefits and how to consider the child's income; (c) separate information regarding food distribution programs and residents of institutions; (d) define excluded household members as disqualified or ineligible household members and clarify income and expense differences; and (e) update and clarify information regarding migrant farm laborers; (3) add information to able-bodied adults without dependents (ABAWD) work requirements to:(a) clarify that in-kind, unpaid, or volunteer work meets the 20 hours per week work rule; (b) clarify when job search may be included in an Employment and Training (E&T) Program; (c) add chronically-homeless as a work requirement exemption; (d) clarify that a refugee participating in a refugee-specific training program meets student exemption criteria; and (e) add good cause provisions for failing to meet thework requirement; (4) update and clarify SNAP work registration and E&T plan rules to meet the revised and expanded SNAP E&T plan that includes:(a) making participation in the SNAP E&T program voluntary; (b) referring ABAWDs and other voluntary E&T participants to a contracted service provider for E&T services; (c) explaining the referral and assessment process, SNAP E&T component assignments, and contractor and SNAP E&T staff responsibilities; (d) updating supportive services; (e) updating and clarifying work registration exemption rules; (f) removing information that is no longer applicable; and (g) revoking SNAP E&T Program rules, including voucher-authorized child care language, that are no longer applicable; (5) update terminology; and (6) add and remove applicable legal and rule citations.

The proposed revisions to Chapter 50 Subchapter 7 amend the rules to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add information regarding loan verification requirements; (4) 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; (5) add information regarding when to count a DDS room and board payment as income; (6) add clarifying language on how to consider income when a public assistance program penalty is imposed; (7) define excluded household members as ineligible or disqualified and update how income and expenses are considered for them; (8) update and change how self-employment farm income losses are offset by other household income; (9) change how self-employment business expenses are computed; (10) add clarifying language that allowable medical expenses must be prescribed or approved by a state-licensed or qualified practitioner; (11) add that costs associated with all service animals are medical expenses; (12) add information on calculating one-time medical and other expenses; (13) remove incorrect and error prone information regarding expense averaging; (14) clarify that households approved for Low Income Heat Energy Assistance Program payments are eligible for the standard utility allowance; (15) update terminology and simplify language regarding expense calculation for households that include disqualified or ineligible household members; (16) add clarifying language regarding documentary evidence, unreported income, loan verification, and income calculation methods; (17) remove duplicative information and staff instructions not affecting clients or the public; (18) update terminology, rules, and legal citations; and (19) reorder and simplify information.

The proposed revisions to Chapter 50, Subchapter 9 amend the rules to:(1) add clarifying language regarding income and expense calculation for different households, benefit proration, and certification periods; (2) remove duplicative, confusing, and inaccurate language regarding benefit calculation and proration; (3) add identifying a household member as a fleeing felon or probation violator to the reasons why benefits may decrease or close between reporting periods for benefit reporters; (4) update reporting rules for change and benefit reporters to the 10th day of the month following the month the change occurred; (5) add the verification request requirement before closing or reducing benefits for change reporting households; (6) add a definition for when an advance notice of adverse action is considered timely and effective dates for making changes; and (7) add applicable legal and rule citations.

The proposed revisions to Chapter 50, Subchapter 11 amend the rules to:(1) add clarifying language regarding applicable deductions when determining eligibility for expedited services; (2) replace the Oklahoma Marriage Initiative with 2-1-1 Oklahoma when determining categorical eligibility; and (3) add applicable rule and legal citations.

The proposed revisions to Chapter 50, Subchapter 15 amend the rules to:(1) add clarifying information regarding:(a) when an overpayment referral is made following a fair hearing request; (b) which staff is responsible for determining the amount of an overpayment; and (c) when an overpayment claim classified as an inadvertent household error may exceed 12 months from the month the overpayment was discovered; (2) update terminology to remove the term fraud, when referring to an intentional program violation and change the term used to describe an agency error overpayment from incorrect benefit allotment to excess benefit allotment; (3) add qualifying language regarding the overpayment repayment time frame when food benefits are reopened; (4) remove benefit expungement from repayment options and add recalculation of debt as a more accurate term to explain how expunged benefits may reduce an overpayment claim balance; (5) clarify criteria used in referring a delinquent claim to the Treasury Offset Program for collection; and (6) add qualifying language to a court specified disqualification period when it supersedes a disqualification period imposed by Adult and Family Services (AFS).

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes, Sections 272.6, 273.1, 273.2, 273.7, 273.9, 273.10, 273.11, 273.12, 273.13, 273.18, and 273.24 of Title 7 of the Code of Federal Regulations (C.F.R); Civil Rights Compliance Review Report, FNS Approval Memo to change Oklahoma Marriage Initiative to 2-1-1 Oklahoma; FNS Memo regarding SNAP ABAWD Time Limit; FNS Memo regarding Deductible Excess Medical Expenses; FNS Waiver Approval to Align Timeframes for Reporting Changes for All Households; and FNS Waiver Approval of Telephone Interviews.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Jim Struby,Director

Adult and Family Services

Date:December 5, 2016

Re:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA

Part 3. Income

OAC 340:50-7-22 [Amended]

(Reference APA 16-10)

Contact:Laura Brown, 405-521-4396

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

Purpose.The proposed amendments to Chapter 50, Subchapter 7 amend the rule to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add information regarding loan verification requirements; (4) 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; and (5) update terminology and a legal and rule 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 7. Financial Eligibility Criteria

Part 3. Income

Oklahoma Administrative Code (OAC) 340:50-7-22 is amended to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add clarifying information regarding loan verification requirements; (4) 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; and (5) update terminology and a legal and rule citation.

Reasons.

The amendments are proposed to comply with legislation effective January 1, 2017, regarding Oklahoma ABLE Program accounts.Educational income is excluded and treatment of loans is streamlined to reduce errors.

Repercussions.If the proposed amendments are not implemented, rules will not comply with legislation and staff may consider funds deposited into or withdrawn, from qualified ABLE Program accounts as countable income in error.

Legal authority.Director of Human Services; Sections 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes, Section 273.9 of Title 7 of the Code of Federal Regulations, and Sections 529A and 2503 of Title 26 of the United States Code.

Permanent rulemaking approval is requested.This rule will be submitted as an emergency rule by January 13, 2017 with an effective date of March 1, 2017 to comply with Statute that was effective January 1, 2017. It is also included in the permanent rulemaking to prevent it 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 Supplemental Nutrition Assistance (SNAP) food benefits and Adult and Family Services (AFS) staff.The affected classes of persons will bear no costs associated with implementation of the amendments.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are households applying for or receiving SNAP benefits 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 amendments do not have an economic impact on the affected entities.There are no fee changes associated with the amendments.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to households applying for or receiving SNAP benefits and may decrease staff 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 rule.

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 December 5, 2016.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Jim Struby,Director

Adult and Family Services

Date:January 3, 2017

Re:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 1. General Provisions

OAC 340:50-1-5 [AMENDED]

OAC 340:50-1-8 through 340:50-1-9 [AMENDED]

Subchapter 3. Application Process

OAC 340: 50-3-2 [Amended]

Subchapter 5. Non-Financial Eligibility Criteria

Part 1. Household Definition

OAC 340:50-5-5 [Amended]

OAC 340:50-5-7 [Amended]

OAC 340:50-5-7.1 [NEW]

OAC 340:50-5-10.1 [Amended]

Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School  Employees

OAC 340:50-5-48 [Amended]

Part 7. Related Provisions

OAC 340:50-5-64 [Amended]

Part 9. Work Registration

OAC 340:50-5-88 [AMENDED]

OAC 340:50-5-97 [REVOKED]

Subchapter 7. Financial Eligibility Criteria

Part 3. Income

OAC 340:50-7-22 [Amended]

OAC 340:50-7-29 through 340:50-7-31 [Amended]

Part 5. Determination of Income

OAC 340:50-7-45 through 340:50-7-46 [Amended]

Subchapter 9. Eligibility and Benefit Determination Procedures

OAC 340:50-9-1 [Amended]

OAC 340:50-9-5 [Amended]

Subchapter 11. Special Procedures

Part 1. Households Entitled to Expedited Service

OAC 340:50-11-1 [Amended]

Part 12. Categorically Eligible Households

OAC 340:50-11-111 [Amended]

OAC 340:50-11-113 [Amended]

Subchapter 15. Overpayments and Fraud

Part 1. Overpayments

OAC 340:50-15-1 [Amended]

OAC 340:50-15-3 through 340:50-15-4 [Amended]

OAC 340:50-15-6 [Amended]

Part 3. FraudIntentional Program Violation

OAC 340:50-15-25 [Amended]

(Reference APA WF 17-12)

Contact:Laura Brown 405-521-4396

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

Purpose.

The proposed amendments to Chapter 50, Subchapter 1 amend the rules to:(1) change the name of the Section; (2) update: (a) the Supplemental Nutrition Assistance Program (SNAP) non-discrimination statement; (b) client rights information; (c) client and Oklahoma Department of Human Services (DHS) staff responsibility requirements; and (d) terminology; (3) add information regarding: (a) public notification requirements; (b) the civil rights complaint process and form; (c) ethnic and racial categories and data reporting requirements; (d) interpreter services and alternative means of communication for persons with disabilities; and (e) policy citations; and (4) remove redundant and unnecessary information.

The proposed amendments to Chapter 50, Subchapter 3 amend the rules to:(1) update interview requirements to allow completion by phone on all Supplemental Nutrition Assistance Program (SNAP) interviews and remove the hardship condition and duplicative interview waiver information requirements; (2) add clarifying information regarding verification and worker assistance requirements following a postponed interview, when requested; (3) simplify language regarding interview scheduling; (4) update a form name; and (5) add clarifying language for household cooperation with eligibility determination and quality control.

The proposed revisions to Chapter 50, Subchapter 5 amend the rules to:(1) simplify and remove repetitive information regarding persons who cannot be considered non-household members; (2) reorganize, rename, and move information regarding households in this Subchapter to:(a) combine all boarder information into one Section; (b) clarify information regarding when a child in foster care or placed by Developmental Disabilities Services (DDS) with an extended family care provider may receive food benefits and how to consider the child's income; (c) separate information regarding food distribution programs and residents of institutions; (d) define excluded household members as disqualified or ineligible household members and clarify income and expense differences; and (e) update and clarify information regarding migrant farm laborers; (3) add information to able-bodied adults without dependents (ABAWD) work requirements to:(a) clarify that in-kind, unpaid, or volunteer work meets the 20 hours per week work rule; (b) clarify when job search may be included in an Employment and Training (E&T) Program; (c) add chronically-homeless as a work requirement exemption; (d) clarify that a refugee participating in a refugee-specific training program meets student exemption criteria; and (e) add good cause provisions for failing to meet thework requirement; (4) update and clarify SNAP work registration and E&T plan rules to meet the revised and expanded SNAP E&T plan that includes:(a) making participation in the SNAP E&T program voluntary; (b) referring ABAWDs and other voluntary E&T participants to a contracted service provider for E&T services; (c) explaining the referral and assessment process, SNAP E&T component assignments, and contractor and SNAP E&T staff responsibilities; (d) updating supportive services; (e) updating and clarifying work registration exemption rules; (f) removing information that is no longer applicable; and (g) revoking SNAP E&T Program rules, including voucher-authorized child care language, that are no longer applicable; (5) update terminology; and (6) add and remove applicable legal and rule citations.

The proposed revisions to Chapter 50 Subchapter 7 amend the rules to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add information regarding loan verification requirements; (4) add information regarding when to count a DDS room and board payment as income; (5) add clarifying language on how to consider income when a public assistance program penalty is imposed; (6) define excluded household members as ineligible or disqualified and update how income and expenses are considered for them; (7) update and change how self-employment farm income losses are offset by other household income; (8) change how self-employment business expenses are computed; (9) add clarifying language that allowable medical expenses must be prescribed or approved by a state-licensed or qualified practitioner; (10) add that costs associated with all service animals are medical expenses; (11) add information on calculating one-time medical and other expenses; (12) remove incorrect and error prone information regarding expense averaging; (13) clarify that households approved for Low Income Heat Energy Assistance Program payments are eligible for the standard utility allowance; (14) update terminology and simplify language regarding expense calculation for households that include disqualified or ineligible household members; (15) add clarifying language regarding documentary evidence, unreported income, loan verification, and income calculation methods; (16) remove duplicative information and staff instructions not affecting clients or the public; (17) update terminology, rules, and legal citations; and (18) reorder and simplify information.

OAC 340:50-7-45 is amended to:(1) remove information duplicated in OAC 340:50-7-46 regarding methods to estimate income; (2) add clarifying language regarding documentary evidence, unreported income, and loan verification; (3) reorder and simplify information; and (4) add a legal and rule citation.

OAC 340:50-7-46 is amended to:(1) add clarifying language regarding income calculation methods; (2) remove staff instructions no affecting clients or the public; and (3) add legal citations and remove a rule citation.

The proposed revisions to Chapter 50, Subchapter 9 amend the rules to:(1) add clarifying language regarding income and expense calculation for different households, benefit proration, and certification periods; (2) remove duplicative, confusing, and inaccurate language regarding benefit calculation and proration; (3) add identifying a household member as a fleeing felon or probation violator to the reasons why benefits may decrease or close between reporting periods for benefit reporters; (4) update reporting rules for change and benefit reporters to the 10th day of the month following the month the change occurred; (5) add the verification request requirement before closing or reducing benefits for change reporting households; (6) add a definition for when an advance notice of adverse action is considered timely and effective dates for making changes; and (7) add applicable legal and rule citations.

The proposed revisions to Chapter 50, Subchapter 11 amend the rules to:(1) add clarifying language regarding applicable deductions when determining eligibility for expedited services; (2) replace the Oklahoma Marriage Initiative with 2-1-1 Oklahoma when determining categorical eligibility; and (3) add applicable rule and legal citations.

The proposed revisions to Chapter 50, Subchapter 15 amend the rules to:(1) add clarifying information regarding:(a) when an overpayment referral is made following a fair hearing request; (b) which staff is responsible for determining the amount of an overpayment; and (c) when an overpayment claim classified as an inadvertent household error may exceed 12 months from the month the overpayment was discovered; (2) update terminology to remove the term fraud, when referring to an intentional program violation and change the term used to describe an agency error overpayment from incorrect benefit allotment to excess benefit allotment; (3) add qualifying language regarding the overpayment repayment time frame when food benefits are reopened; (4) remove benefit expungement from repayment options and add recalculation of debt as a more accurate term to explain how expunged benefits may reduce an overpayment claim balance; (5) clarify criteria used in referring a delinquent claim to the Treasury Offset Program for collection; and (6) add qualifying language to a court specified disqualification period when it supersedes a disqualification period imposed by Adult and Family Services (AFS).

Strategic Plan Impact. The proposed rules achieve DHSgoals by continuously improving systems and processes and improving communication with DHS clients and staff.

Substantive changes.

Subchapter 1. General Provisions

OAC 340:50-1-5 is amended to: (1) change the name of the Section; (2) update the SNAP non-discrimination statement; and (2) add information regarding public notification requirements and the civil rights complaint process and form.

OAC 340:50-1-8 is amended to add ethnic and racial categories and data reporting requirements.

OAC 340:50-1-9 is amended to: (1) update client rights information, client and DHS staff responsibility requirements, and terminology; (2) add information regarding interpreter services and alternative means of communication for persons with disabilities, and policy citations; and (3) remove redundant and unnecessary information.

Subchapter 3. Application Process

OAC 340:50-3-2 is amended to:(1) update interview requirements to allow completion by phone on all SNAP interviews and remove the hardship condition and duplicative interview waiver information requirements; (2) add clarifying information regarding verification and worker assistance requirements following a postponed interview, when requested; (3) simplify language regarding interview scheduling; (4) update a form name; and (5) add clarifying language for household cooperation with eligibility determination and quality control.

Subchapter 5. Non-Financial Eligibility Criteria

Part 1. Household Definition

OAC 340:50-5-5 is amended to:(1) simplify and remove repetitive information regarding persons who cannot be considered non-household members; (2) move information regarding boarders from Section OAC 340:50-5-7 to this Section; and (3) clarify information regarding when a child in foster care or placed by DDS with an extended family care provider may receive food benefits and how to consider the child's income.

OAC 340:50-5-7 is amended to:(1) change the Section title; and (2) remove information regarding ineligible households.

OAC 340:50-5-7.1 is issued to place information removed from OAC 340:50-5-5 regarding residents of an institution to this Section.

OAC 340:50-5-10.1 is amended to:(1) change the Section title; (2) reorder information; and (3) define excluded household members as disqualified or ineligible household members and clarify income and expense differences.

Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees

OAC 340:50-5-48 is amended to:(1) update and clarify information regarding migrant farm laborers to enhance understanding; (2) remove work registration information from this Section; and (3) add a rule reference.

Part 7. Related Provisions

OAC 340:50-5-64 is amended to add information to ABAWD work requirements in order to:(1) clarify that in-kind, unpaid, or volunteer work meets the 20 hours per week work rule; (2) add good cause provisions for failing to meet the work requirement; (3) clarify when job search may be included in an E&T Program; (3) add chronically-homeless as a work requirement exemption; and (4) clarify that a refugee participating in a refugee-specific training program meets student exemption criteria.

Part 9. Work Registration

OAC 340:50-5-88 is amended to:(1) change the Section title; (2) remove no longer applicable SNAP E&T rules; (3) explain the referral and assessment process, SNAP E&T component assignments, and contractor and SNAP E&T staff responsibilities; and (4) add and remove legal and rule citations.

OAC 340:50-5-97 is revoked as voucher authorized child care for SNAP E&T activities are no longer funded.

Subchapter 7. Financial Eligibility Criteria

Part 3. Income

OAC 340:50-7-22 is amended to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add clarifying information regarding loan verification requirements; and (4) update terminology and a legal and rule citation.

OAC 340:50-7-29 is amended to:(1) add information regarding when to count a DDS room and board payment as income; (2) add clarifying language regarding how to consider income when a public assistance program penalty is imposed, what is considered a substantive requirement, and when a SNAP penalty must be reviewed; and (3) define excluded household members as ineligible or disqualified and update how income and expenses are considered for them.

OAC 340:50-7-30 is amended to:(1) update and change how self-employment farm income losses are offset by other household income; (2) change how self-employment business expenses are computed; (3) add a legal citation; and (4) update terminology.

OAC 340:50-7-31 is amended to:(1) add clarifying language that allowable medical expenses must be prescribed or approved by a state licensed or qualified practitioner; (2) add costs associated with all service animals as a medical expense; (3) add information regarding how to calculate one time medical and other expenses; (4) remove incorrect and error prone information regarding expense averaging; (5) clarify that households approved for Low Income Heat Energy Assistance Program payments are eligible for the standard utility allowance; and (6) update terminology and simplify language regarding expense calculation for SNAP households that include disqualified or ineligible members.

Part 5. Determination of Income

OAC 340:50-7-45 is amended to:(1) remove information duplicated in OAC 340:50-7-46 regarding methods to estimate income; (2) add clarifying language regarding documentary evidence, unreported income, and loan verification; (3) reorder and simplify information; and (4) add a legal and rule citation.

OAC 340:50-7-46 is amended to:(1) add clarifying language regarding income calculation methods; (2) remove staff instructions not affecting clients or the public; and (3) add legal citations and remove a rule citation.

Subchapter 9. Eligibility and Benefit Determination Process

OAC 340:50-9-1 is amended to:(1) add clarifying language to enhance understanding regarding income and expense calculation for different households, benefit proration, and certification periods; (2) add information regarding categorically eligible households; (3) remove duplicative, confusing, and inaccurate language regarding benefit calculation and proration; and (4) add legal and rule citations.

OAC 340:50-9-5 is amended to:(1) update change reporting requirement for change reporters and semi-annual reporters to the 10th day of the month following the month the change occurred; (2) add identifying a household member as a fleeing felon or probation violator to the reasons why benefits may decrease or close between reporting periods for benefit reporters; (3) add the verification request requirement before closing or reducing benefits for change reporting households; (4) add a definition for when an advance notice of adverse action is considered timely and effective dates for making changes; and (5) add applicable legal and rule citations.

Subchapter 11. Special Procedures

Part 1. Households Entitled to Expedited Services

OAC 340:50-11-1 is amended to add clarifying language regarding applicable deductions when determining eligibility for expedited services and a policy citation.

Part 12. Categorically Eligible Households

OAC 340:50-11-111 is amended to:(1) replace the Oklahoma Marriage Initiative with 2-1-1 Oklahoma when determining categorical eligibility; and (2) add a legal citation.

OAC 340:50-11-113 is amended to replace the Oklahoma Marriage Initiative with 2-1-1 Oklahoma when determining categorical eligibility.

Subchapter 15. Overpayments and Fraud

Part 1. Overpayments

OAC 340:50-15-1 is amended to:(1) add clarifying language regarding when an overpayment referral is made following a fair hearing request; and (2) update terminology to remove the term fraud when referring to an intentional program violation.

OAC 340:50-15-3 is amended to add clarifying language when an overpayment claim, classified as an inadvertent household error may exceed 12 months from the month the overpayment is discovered.

OAC 340:50-15-4 is amended to change term used to describe an agency error overpayment from incorrect to excess benefit allotment.

OAC 340:50-15-6 is amended to:(1) add clarifying language regarding which staff is responsible for determining the amount of an overpayment: (2) add qualifying language regarding the overpayment repayment time frame when food benefits are reopened; (3)remove benefit expungement from repayment options and add recalculation of debt as a more accurate term to explain how expunged benefits may reduce an overpayment claim balance; and (4) clarify criteria used in referring a delinquent claim to the Treasury Offset Program for collection.

Part 3. FraudIntentional Program Violation

OAC 340:50-15-25 is amended to:(1) update terminology to remove the term fraud when referring to an intentional program violation; and (2) add qualifying language to a court specified disqualification period when it supersedes a disqualification period imposed by AFS.

Reasons.

The proposed rules throughout the subchapters are amended to:(1) make policy easier to understand for clients, AFS staff, and the public and less error prone for staff by reordering and renaming information, adding taglines, adding clarifying information, simplifying language, and adding policy and legal citations; and (2) removing no longer applicable, confusing, or incorrect information.

The proposed amendments to update the SNAP nondiscrimination statement and add information regarding public notification requirements, the civil rights complaint process, ethnic and racial categories and data reporting requirements, and interpreter services are made to comply with corrective action requirements included in the Civil Rights Compliance Review Report received from Food and Nutrition Services (FNS) in July 2016.

The proposed amendment to allow all interviews to be conducted by phone reduces an access barrier for applicants and recipients, streamlines interview processes, and was approved by Food and Nutrition Services (FNS).

The proposed amendment to:(1) clarify that in-kind, unpaid, or volunteer work meets the 20-hour work rule; (2) add good cause provisions for failing to meet the work requirement; (3) add chronically homeless as an exemption to ABAWD work requirements; (4) add clarifying language that allowable medical expenses must be prescribed or approved by a state licensed or qualified practitioner; and (5) add costs associated with all service animals as a medical expense are made due to interpretations received from FNS.

The proposed amendments and revocations to work registration and SNAP E&T rules are made to meet the revised, expanded, and FNS-approved SNAP E&T plan to make SNAP E&T participation voluntary and more accessible to ABAWDs not meeting work requirements.

The proposed rule revocation regarding the term 'head of household' as it applies to voluntary quit provisions is made to reduce error proneness as federal regulations allow states to apply the same disqualification provisions to the head of household and other adult household members who voluntarily quit a job without good cause.

The proposed amendment to update change reporting rules to the 10th of the month following the month the change occurred is made to align rules for change reporting and benefit reporting households after receiving a waiver approval from FNS.

The proposed amendments to:(1) update and change how self-employment farm income losses are offset by other household income; (2) change how self-employment business expenses are computed; (3) add information regarding how to calculate one-time medical and other expenses; (4) remove information regarding expense averaging; and (5) update voluntary quit rules to add information regarding reduction of work effort and to increase the number of hours a person must have worked from 20 to 30 hours are made to correct rules to comply with federal regulations.

The proposed amendment to replace the Oklahoma Marriage Initiative with 2-1-1 Oklahoma when determining categorical eligibility is made as TANF funds are no longer being used to fund the Oklahoma Marriage Initiative.

Repercussions.

If the proposed revisions are not implemented, AFS will be out of compliance with federal regulations regarding self-employment, calculation of one-time medical expenses, expense averaging, and some voluntary quit provisions.

If the proposed civil rights compliance revisions are not implemented, AFS will be out of compliance with corrective action requirements included in the Civil Rights Compliance Review Report.

If the proposed revisions are not implemented, AFS will be out of compliance with federal interpretations regarding types of employment meeting the ABAWD work rule, good cause provisions and exemptions for ABAWDs, and excess medical expenses.

If the proposed revisions are not implemented, AFS will be out of compliance with (1) FNS waiver approvals regarding phone interviews and change reporting rules; and (2) FNS approval of the revised SNAP E&T Program plan and Oklahoma's switch from the Oklahoma Marriage Initiative to 211 when determining categorical eligibility.

If the proposed revisions are not implemented, rules will remain error prone and may lead to under or over-issuance of client benefits and increased federal error rates.

Failure to update information, remove outdated information, reorder information, and add clarifying language may lead to DHS staff not processing benefits as quickly as possible or under or over-issuing client benefits leading to increased federal error rates.

Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes, Sections 272.6, 273.1, 273.2, 273.7, 273.9, 273.10, 273.11, 273.12, 273.13, 273.18, and 273.24 of Title 7 of the Code of Federal Regulations (C.F.R); Civil Rights Compliance Review Report, FNS Approval Memo to change Oklahoma Marriage Initiative to 2-1-1 Oklahoma; FNS Memo regarding SNAP ABAWD Time Limit; FNS Memo regarding Deductible Excess Medical Expenses; FNS Waiver Approval to Align Timeframes for Reporting Changes for All Households; and FNS Waiver Approval of Telephone Interviews.

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 SNAP food benefits 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 households applying for or receiving SNAP benefits 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 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, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to households applying for or receiving SNAP benefits and may decrease staff 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.

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 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 will reduce health risks for households applying for or receiving SNAP food benefits by reducing barriers in applying or renewing eligibility for benefits, facilitating the delivery of benefits and services to persons who are in need, and complying with federal regulations.

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, there may be a detrimental effect on the health of households applying for or receiving SNAP benefits because rules will not be in compliance with certain federal regulationsand staff may not process benefits as quickly and accurately as possible.Failure to issue correct benefit amounts may lead to under issuance of client benefits or overpayments the client must repay.

K.The date the rule impact statement was prepared and, if modified, the date modified:The rule impact statement was prepared on May 25, 2016; modified August 16 2016; modified January 3, 2017.

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