COMMENT DUE DATE:
January 2, 2008
DATE:
December 14, 2007
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 07-28
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 40. CHILD CARE SERVICES
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED ]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-5 [AMENDED]
OAC 340:40-7-8 through 340:40-7-10 [AMENDED]
OAC 340:40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 through 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
Subchapter 15. Overpayments
OAC 340:40-15-1 [AMENDED]
Subchapter 16. Improper Authorization Initiative
OAC 340:40-16-1 [NEW]
SUMMARY:Proposed revisions to Subchapters 3, 5, 7, 9, 10, 13, 15, and 16 of Chapter 40 amend rules to:(1) remove language allowing a tribal member to receive child care benefits and receive help from his or her tribe in paying the family share co-payment; (2) add a citizenship requirement for children 14 years of age or older; (3) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (4) remove language regarding an exemption from pursuit of child support for children removed from the home by court order; (5) add language to show income from a new source is not considered available until it has actually been received; (6) add the requirement that child care providers must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background report for any person required to provide the report to Oklahoma Child Care Services (OCCS) licensing; (7) remove the requirement that in-home providers must view the training before receiving a child care contract; (8) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care director must view the training; (9) add the requirement that a child care provider must pass a proficiency test after viewing the training; (10) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; (11) remove language specifying the exact months a child care contract is effective; (12) add information about the new Oklahoma Program Integrity (OPI) system that is now used to complete overpayments; and (13) add language regarding the review of a sample of applications and case actions relating to the Child Care Program by the Administrative Review Unit (ARU).
340:40-3-1 is amended to:(1) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; (2) show current form numbers and names; and (3) remove obsolete language regarding who can take applications.
340:40-5-1 is amended to:(1) show current form names; and (2) correct a policy cite.
340:40-7-1 is amended to: (1) remove language allowing a tribal member to receive child care benefits and receive help from his or her tribe in paying the family share co-payment; and (2) change a form name.
340:40-7-5 is amended to add an additional citizenship requirement for children 14 years of age or older.
340:40-7-8 is amended to show current form numbers.
340:40-7-9 is amended to: (1) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (2) show current form numbers and names; (3) remove language regarding an exemption from pursuit of child support for children removed from the home by court order as this is no longer the correct procedure; and (4) add clarifying language.
340:40-7-10 is amended to add clarifying language to show income from a new source is not considered available until it has actually been received.
340-40-7-13, 340:40-9-2, 340:40-13-3 are amended to: (1) show current form numbers and names; and (2) replace outdated language with current terminology.
340:40-9-1 is amended to:(1) show current form numbers and names; (2) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; and (3) remove language regarding semi-annual benefit reporters as child care clients are now annual reporters.
340:40-10-4 is amended to:(1) show current form names; and (2) remove the formula for calculating absent day payments.
340:40-13-5 is amended to: (1) replace outdated language with current terminology; (2) add clarifying language; (3) add the requirement that child care providers must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background report for any person required to provide the report to OCCS licensing; (4) remove the requirement that in-home providers must view the training before receiving a contract; (5) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care director must view the training; (6) add the requirement that a child care provider must pass a proficiency test after viewing the training; (7) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; and (8) remove language specifying the exact months a contract is effective.
340:40-15-1 is amended to provide clarifying and updated information regarding overpayment procedures that:(1) reflect current form numbers and names; (2) replace outdated language with current terminology; (3) provide information about the new Oklahoma Program Integrity (OPI) system that is now used to complete overpayments; (4) show current responsibilities for who writes and establishes overpayments; and (5) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments.
340:40-16-1 is amended to add language regarding the Improper Authorization Initiative process.
PERMANENT RULEMAKING APPROVAL IS REQUESTED
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and Parts 98 and 99 of Title 45 Code of the Federal Regulations (CFR).
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 6, 2007
Re:Chapter 40. Child Care Services
Subchapter 3.Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5.Plan of Service
OAC 340:40-5-1 [AMENDED ]
Subchapter 7.Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-5 [AMENDED]
OAC 340:40-7-8 [AMENDED]
OAC 340:40-7-9 [AMENDED]
OAC 340:40-7-10 [AMENDED]
OAC 340:40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 [AMENDED]
OAC 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-4 [AMENDED]
Subchapter 13.Child Care Rates and Provider Issues
OAC 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
Subchapter 15. Overpayments
OAC 340:40-15-1 [AMENDED]
Subchapter 16. Improper Authorization Initiative
OAC 340:40-16-1 [NEW]
(Reference APA WF 07-28)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 3 of Chapter 40 amend the rules to: (1) revoke an obsolete form; (2) add new application forms, (3) change form names (4) remove obsolete language.
Subchapter 5 of Chapter 40 amend the rules to:(1) change a form name and (2) correct a policy cite.
Subchapter 7 of Chapter 40 amend the rules to:(1)change form names; (2) remove language allowing a tribal member to receive child care benefits and to receive help from his or her tribe in paying the family share co-payment; (3) add an additional citizenship requirement for children 14 years of age and older; (4) replace outdated language with current terminology; (5) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (6) remove language regarding child support exemption for a child removed from the home by court order; (7) revoke an obsolete form; (9) add clarifying language.
Subchapter 9 of Chapter 40 amend the rules to: (1) revoke an obsolete form; (2) clarify the review process; (3) change form names and numbers; and (4) remove language regarding semi-annual benefit reporters as child care clients are now annual reporters.
Subchapter 10 of Chapter 40 amend the rules to: (1) change form names; and (2) remove the formula for calculating absent day payments.
Subchapter 13 of Chapter 40 amend the rules to: (1) change form names; (2) replace outdated language with current terminology; (3)add clarifying language; (4) add a requirement that child care providers must provide a copy of Oklahoma State Bureau of Investigation (OSBI)background investigation reports for any person required to provide the report to OCCS licensing; (5) remove the requirement that in-home providers must watch a training video before receiving a contract; (6) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care provider must view the training; (7) add the requirement that a child care provider must pass a proficiency test after viewing the training; (8) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; and (9) remove language specifying the exact months a contract is effective.
Subchapter 15 of Chapter 40 amend the rules to provide clarifying and updated information regarding overpayment procedures that include:(1) replacing outdated language with current terminology; (2) giving information about the new Oklahoma Program Integrity (OPI) system that is now used to complete overpayments; (3) current responsibilities for who writes and establishes overpayments; (4) revising the name of the Family Support Services Division (FSSD) Section that receives overpayments; (5) change form names and numbers.
Subchapter 16 of Chapter 40 amend the rules to: (1) add language regarding the Improper Authorization Initiative process.
Strategic Plan impact.The proposed rules support the Oklahoma Department of Human Services OKDHS goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
340:40-3-1 is amended to (1) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; (2) show current form numbers and names; and (3) remove obsolete language regarding who can take applications.
340:40-5-1 is amended to (1) show current form names; and (2) correct a policy cite.
340:40-7-1 is amended to (1) remove language allowing a tribal member to receive child care benefits and to receive help from his or her tribe in paying the family share co-payment and (2) change a form name.
340:40-7-5 is amended to add an additional citizenship requirement for children 14 years of age or older.
340:40-7-8 is amended to show current form numbers.
340:40-7-9 is amended to (1) add language to show that child care benefits can be denied when the client is not cooperating in pursuing child support; (2) show current form numbers and names; and (3) remove language regarding and exemption from pursuit of child support for children removed from the home by court order as this is no longer the correct procedure; and (4) add clarifying language.
340:40-7-10 is amended to add clarifying language to show income from a new source is not considered available until it has actually been received.
340-40-7-13 is amended to (1) show current form numbers and names; and (2) replace outdated language with current terminology.
340:40-9-1 is amended to (1) show current form numbers and names; (2) revoke an obsolete form that can no longer be used as it does not comply with citizenship requirements; and (3) remove language regarding semi-annual benefit reporters as child care clients are now annual reporters.
340:40-9-2 is amended to (1) show current forms numbers and names; and (2) replace outdated language with current terminology.
340:40-10-4 is amended to (1) show current form names and (2) remove the formula for calculating absent day payments.
340:40-13-3 is amended to (1) show current form names; and (2) replace outdated language with current terminology.
340:40-13-5 is amended to (1) replace outdated language with current terminology; (2) add clarifying language; (3) add the requirement that child care providers must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background report for any person required to provide the report to OCCS licensing; (4) remove the requirement that in-home providers must view the training before receiving a contract; (5) add a new requirement to the contracting process that when the facility is owned by an out-of-state child care owner, both the owner and the child care director must view the training; (6) add the requirement that a child care provider must pass a proficiency test after viewing the training; (7) remove language that a child care owner who has previously viewed the training does not need to view it again when applying for a contract at a new location; (8) remove language specifying the exact months a contract is effective.
340:40-15-1 is amended to provide clarifying and updated information regarding overpayment procedures that include (1) show current form numbers and names; (2) replace outdated language with current terminology; (3) giving information about the new Oklahoma Program Integrity (OPI) system that is now used to complete overpayments; (4) current responsibilities for who writes and establishes overpayments; and (5) revising the name of the Family Support Services Division (FSSD) Section that receives overpayments.
340:40-16-1 is amended to add language regarding the Improper Authorization Initiative process.
Reasons.The proposed revisions are being proposed to provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need which includes updating terminology and forms, clarifying processes that have changed for filing child support papers, removing the ability of tribal members to receive child care benefits and have their tribe pay their family share co-payment because of recent federal interpretation to stop this practice, revising overpayment policy to show new procedures and staff responsibilities because of the new system used to establish overpayments, adding new requirements to the process of obtaining child care contracts to better insure that child care providers understand their responsibilities and for staff to make better decisions about who receives a child care contract.
Repercussions. The proposed rules will give staff a clearer explanation of how to process applications and manage existing cases. They will also give child care providers a better understanding of what they must to attain and retain a child care contract.If the proposed revisions are not implemented there will be confusion among staff.For example, many form names have changed, new forms have come into use, and old forms have been revoked.Without these policy changes, staff will not be made aware of the changes that have taken place.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
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 the clients receiving benefits administered by the Family Support Services Division (FSSD) and OKDHS staff, individuals who have child care contracts or plan to obtain child care contracts, and OKDHS 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 the clients receiving benefits administered by the Family Support Services Division (FSSD) and OKDHS staff, individuals who have child care contracts or plan to obtain child care contracts, and OKDHS 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: 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 OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced deliver 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 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: It is possible that child care providers requesting a contract may not receive one if they do not meet new contracting requirements.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory 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 risks to the public's health, safety, and environment by facilitating 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: The determination of the initial and continuing eligibility may be hindered for certain persons if the proposed rule is not implemented since it provides clarifying language that facilitates the delivery of benefits and services to persons who are in need.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 6, 2007.
