COMMENT DUE DATE:
February 5, 2008
DATE:
January 23, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 07-36
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 70. SOCIAL SERVICES
Subchapter 9. Health Related Services
OAC 340:70-9-3 [REVOKED]
OAC 340:70-9-4 [REVOKED]
SUMMARY:The proposed revisions to Subchapters 9 of Chapter 70 revoke rules as information included is either outdated or included in another Section of this Subchapter.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution and Section 501 of Title V and Sections 1902 and 1905 of Title XIX of the Social Security Act.
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 30, 2007
Re:Chapter 70. SOCIAL SERVICES
Subchapter 9. Health Related Services
OAC 340:70-9-3 [REVOKED]
OAC 340:70-9-4 [REVOKED]
(Reference APA WF 07-36)
Contact:Laura Brown, Telephone: 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 9 of Chapter 70 revoke rules as information included is either outdated or included in another section of this subchapter.
Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by supporting its mission to promote health care accessibility.
Substantive changes.
OAC 340:70-9-3 is revoked as information included here is outdated or was moved to another section of this subchapter.
OAC 340:70-9-4 is revoked as all information included here is included in other sections of this subchapter.
Reasons.The proposed revisions consolidate still relevant material into fewer policy sections that makes the rules easier to read and understand.
Repercussions. The proposed rules have no negative impact.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution and Section 501 of Title V and Sections 1902 and 1905 of Title XIX of the Social Security Act.
Permanent approval.Permanent rulemaking approval is requested as OKDHS finds compelling public interest in revoking no longer needed rules.
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:Permanent rulemaking approval is requested as OKDHS finds compelling public interest to update outdated language and form numbers and clarify information.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are Medicaid applicants and recipients.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: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.Revoking these rules will reduce confusion among staff because outdated language and repetitive rules will be removed.
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 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:Revocation ofthe proposed rules will not significantly effect 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: No detrimental effects are anticipated.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 30, 2007.
CHAPTER 70. SOCIAL SERVICES
SUBCHAPTER 9. HEALTH RELATED SERVICES
340:70-9-3. Providers of services [REVOKED]
Medical providers of EPSDT services may include physicians, dentists, optometrists, psychologists, clinics, hospitals, child health centers and school districts.
(1) Child health centers.Through a contractual agreement with the Oklahoma State Department of Health (OSHD) certain child health centers are certified to be providers of EPSDT services.Services may include health services, dental screenings and child guidance services.
(2) School districts.Through a contractual agreement individual school districts can be EPSDT medical providers.
340:70-9-4.Eligibility for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services [REVOKED]
Each individual under 21 years of age who receives Temporary Assistance for Needy Families (TANF) or State Supplemental Payment for the Blind or Disabled benefits is eligible to receiveEarly and Periodic Screening, Diagnosis and Treatment (EPSDT) services.Also eligible are individuals under 21 years of age who are determined eligible for Title XIX but are not receiving cash assistance, including those children who are in the custody of the Department.
