COMMENT DUE DATE:
January 2, 2008
DATE:
December 13, 2007
Jody Smith Finance (405) 521-3782
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 07-33
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 11. Finance
Part 13. Electronic Benefit Disbursement
OAC 340:2-11-151 [NEW]
SUMMARY:The proposed revisions to Subchapter 11 of Chapter 2 create a new rule to provide an option for retailers to request an adjustment to a food benefit recipient's Electronic Benefit Transfer (EBT) account due to a system outage at the time of purchase.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Parts 272, 273, and 274 of Title 7 of the Code of Federal Regulations.
TO:Programs Administrator
Policy Management Unit
FROM:Phil Motley, Chief Financial Officer
Finance Division
DATE:July 19, 2007
RE:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 11. Finance
Part 13. Electronic Benefit Disbursement
OAC 340:2-11-151 [NEW]
APA WF 07-33
CONTACT:Jody Smith, Telephone: 521-3782
A.Brief description of the purpose of the proposed rule.
PURPOSE:The purpose of the proposed rule is to provide an option for retailers to request an adjustment to a food benefit recipient's Electronic Benefit Transfer (EBT) account due to a system outage at the time of purchase.The rule is issued in accordance with Parts 272, 273, and 274 of Title 7 of the Code of Federal Regulations (CFR).
STRATEGIC PLAN IMPACT:The proposed rule supports the Oklahoma Department of Human Services (OKDHS) goal of being fiscally responsible in the administration of public resources.
SUBSTANTIVE CHANGES:
340:2-11-151 is a new Section that provides an option for retailers to request an adjustment to a food benefit recipient's EBT account due to a system outage at the time of purchase
REASONS:The new rule provides an option for retailers to seek reimbursement caused by a technical failure of the electronic payment system.
REPERCUSSIONS: None.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Parts 272, 273, and 274 of Title 7 of the CFR.
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: Retailers, OKDHS recipients, and OKDHS staff will be affected by the proposed rule.No classes of persons will bear the costs of the proposed rule.
C.A description of the classes of persons who will benefit from the proposed rule:OKDHS recipients, OKDHS staff, and retailers.
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 proposed rule will not have an economic impact on the affected entities. There are no fee changes associated with the proposed rule.
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 rule, which is estimated to be less than $20.
F.A determination of whether implementation of the proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rule will not have an economic impact on a political subdivision or require their cooperation in implementing or enforcing the rule.
G.A determination of whether implementation of the proposed rule may have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:The proposed rulewill not have adverse economic effect on the operational costs on small businesses.
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 nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
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:The proposed rule should not have an impact on the public health, safety or environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:The proposed rule should not have a detrimental impact on the public health, safety or environment.
K.The date the rule impact statement was prepared and if modified, the date modified:Prepared July 19, 2007.
SUBCHAPTER 11. FINANCE
PART 13. ELECTRONIC BENEFIT DISBURSEMENT
340:2-11-151. Retailer adjustments for food benefits
Issued 6-1-08
(a) Retailers may request an adjustment to debit a recipient's Electronic Benefit Transfer (EBT) account due to a system outage at the time of purchase.An adjustment is made within 15 days of notice to the Oklahoma Department of Human Services (OKDHS) and recipient.Payment can be taken from future benefits if the recipient's account does not have enough credit to process the complete transaction per Parts 272, 273, and 274 of Title 7 of the Code of Federal Regulations.
(b) The recipient has the right to a fair hearing if the retailer adjustment is questioned.¢1
INSTRUCTIONS TO STAFF 340:2-11-151
Issued 6-1-08
1.(a) Retailers must request an adjustment through the state Electronic Benefit Transfer (EBT)contractor.
(b) The contractor determines if the adjustment is a valid request due to a system outage and notifies the Finance Division Electronic Payment Services Unit.
(c) The Electronic Payment Services Unit notifies the recipient and the human services center (HSC) supervisor of record by letter of the adjustment request and the right to a request of a fair hearing.
(d) If a HSC receives a fair hearing request, the procedures per OAC 340:2-5-61(d)(4) are followed.
(e) The worker:
(1) notifies the Electronic Payment Services Unit of the fair hearing request.The Electronic Payment Services Unit:
(A) completes Form 13MP002E, Hearing Summary; and
(B) returns Form 13MP002E to the worker with the required documentation; and
(2) forwards to the recipient and the Legal Division Appeals Unit Form 13MP002E and documentation per OAC 340:2-5-66.
