COMMENT DUE DATE:
January 6, 2009
DATE:
December 16, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-19
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 15. STATE SUPPLEMENTAL PAYMENT
OAC 340:15-1-4 [AMENDED]
OAC 340:15-1-6 [AMENDED]
(Reference APA WF 08-19)
SUMMARY:The proposed revisions to Chapter 15 amend the rules to: (1) add clarifying language addressing overpayments and calculating countable income and resources; (2) add language regarding the ineligibility of fleeing felons for State Supplemental Payment (SSP); (3) delineate information for greater clarity.
340:15-1-4 is amended to: (1) delineate information for greater clarity; and (2) add clarifying language regarding calculation of countable income and resources.
340:15-1-6 is amended to add: (1) language regarding the ineligibility of fleeing felons for SSP; and (2) clarifying language regarding overpayments.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 161 et seq. of Title 56 of the Oklahoma Statutes; and Section 1611(e)(4) of Title XVI of the Social Security Act.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:December 16, 2008
Re:CHAPTER 15. STATE SUPPLEMENTAL PAYMENT
OAC 340:15-1-4 [AMENDED]
OAC 340:15-1-6 [AMENDED]
(Reference APA WF 08-19)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 15 amend the rules to: (1) add clarifying language addressing overpayments and calculating countable income and resources; (2) delineate information for greater clarity; and (3) add language regarding the ineligibility of fleeing felons for State Supplemental Payment (SSP).
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve efficiency.
Substantive changes.
340:15-1-4 is amended to: (1) delineate information for greater clarity; and (2) add clarifying language regarding calculation of countable income and resources.
340:15-1-6 is amended to add: (1) language regarding the ineligibility of fleeing felons for SSP; and (2) clarifying language regarding overpayments.
Reasons.The proposed revisions will bring rules in compliance with federal law.
Repercussions. The proposed rules will make policy easier to understand for both human services center (HSC) staff and the public.If the proposed revisions are not implemented, staff may not apply policy appropriately.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 161 et seq. of Title 56 of the Oklahoma Statutes; and Section 1611(e)(4) of Title XVI of the Social Security Act.
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 applicants and recipients of SSP 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 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 understanding of OKDHS staff of rules regarding fleeing felons.
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:Implementation of the proposed rules are not expected to have an impact on the health, safety, and well-being of SSP applicants or recipients.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Implementation of the proposed rules are not expected to have a detrimental effect on the health, safety, and well-being of SSP applicants or recipients.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 5, 2008.Modified December 16, 2008 for permanent rulemaking.
340:15-1-4. State Supplemental Payment plan
Revised 6-1-09
The State Supplemental Payment (SSP) plan for the aged, blind, and or disabled encompasses the requirements listed in (1) through (11) of this subsection.
(1) State-wide operation.The plan is in effect in all counties of Oklahoma as a state-administered program.
(2) Financing.The State of Oklahoma provides all the money for financing the SSP Program.
(3) Single state agency.The SSP Program is administered by the Oklahoma Department of Human Services (OKDHS) with an office in each county in the state, operating under rules and regulations adopted by the Oklahoma Commission for Human Services (Commission).
(4) Fair hearings.Any individual whose An applicant or recipient of SSP is provided an opportunity for a fair hearing when:
(A) the application is denied or is not acted upon with reasonable promptness;
(B) who he or she is dissatisfied with the amount of his or her payment; or (C) he or she disagrees with any other action taken in regard to his or her payment, is provided an opportunity for a fair hearing.
(5) Proper and efficient administration.OKDHS operates under the State Merit System which establishes and maintains personnel standards on a merit basis for certain state agencies, including OKDHS.Employees of OKDHS engaged in the administration of the Combined State Plan are covered by the Merit System.
(6) Safeguarding of information.State laws In accordance with Section 183 of Title 56 of the Oklahoma Statutes and the rules and regulations adopted by the Commission restrict OAC 340:1-1-20, OKDHS restricts the use of or disclosure of information concerning SSP applicants and recipients to purposes directly connected with the administration of this program.
(7) Right to apply.A person has the right to:
(A) make application for any category of assistance he or she chooses, to; (B) expect an investigation of eligibility,; and to
(C) expect a reasonably prompt decision in regard to his or her application.
(8) Assistance under only one program.An eligible person can have his or her needs included in only one SSP or Temporary Assistance for Needy Families (TANF) benefit.
(9) Standards for determining eligibility and amount of payment.Uniform policies for determination of eligibility and the amount of payment are provided in OAC 340 Chapters 15 and 65 and OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards.
(A) SSP standards are based on the mandatory "Pass-Along Provision" of Section 1618 of the Social Security Act which requires states to pass along cost of living adjustments (COLA) in Supplemental Security Income (SSI) benefits.The Commission approves adjustments in individual payments to maintain total expenditures for SSP in a calendar year at the same level as the total expenditures for SSP in the previous year.
(B) Maximum income and resource standards for individuals persons who are aged, blind, or disabled are based on the federal benefit rates (FBR) shown on OKDHS Appendix C-1, Schedule VIII.
(i) Countable income for SSP must be less than 100% of the FBR plus the maximum SSP amount.
(ii) Countable income must be equal to or less than 300% of the FBR for certain individuals persons who:
(I) were approved for care and continuously living in a licensed Title XIX nursing care facility, intermediate care facility (ICF), or ICF for the mentally retarded (ICF/MR) since December, 1973,; including (II) non-eligible SSP individuals who receive Home and Community‑Based Waiver Services for the Mentally Retarded; or (III) are patients 65 and older in a mental hospital must be equal to or less than 300% of the FBR.
(iii) Countable income for deeming income to a minor child who is blind or disabled must be less than 100% of the FBR.
(iv) Maximum resources must be equal to or less than 100% of the SSI resource standards.
(10) Income and resources.OKDHS, in determining need for an aged, blind, or disabled individual person, takes into consideration any available income and resources of the individual, except the income and resources required to be disregarded by person in accordance with rules at OAC 317:35-5-41 and 317:35-5-42 and federal and state law or by OKDHS policy.
(11) Civil rights.The SSP Program is administered in accordance with the provisions of Title VI of the Civil Rights Act.
340:15-1-6. Special requirements
Revised 7-1-04 6-1-09
(a) Solicitation of alms.State law Section 164 of Title 56 of the Oklahoma Statutes provides that a recipient of a State Supplemental Payment (SSP) for the blind shall not, during the period of receiving assistance, solicit alms.Soliciting alms means collecting donations for one's personal benefit, selling minor articles when selling is merely a subterfuge for collecting donations, and any similar activities.It does not include house-to-house sale of articles carried on as a regular established occupation.The client's statement regarding solicitation of alms is sufficient verification if there are no facts to the contrary.
(b) Minor child who is blind or disabled.In determining eligibility of a child who is blind or disabled, the income and resources of the parent(s) with whom the child is living are considered unless the parent(s) is included in a SSP or Temporary Assistance for Needy Families (TANF) application or benefit.
(1) Deeming of income.Income of a natural or adoptive parent(s), or step-parent and own parent must be deemed to a minor blind or disabled child who is under age 18 when determining eligibility for a SSP.Income of an ineligible child is not deemed.The parent(s)' income is not deemed if an eligible child is residing in a nursing care facility.
(2) Deeming of resources.For each child who is blind or disabled and under age 18 living with his or her parent(s) whose needs are not included in TANF benefit, or receiving Supplemental Security Income (SSI) and/or SSP, the parent(s)' resources which exceed the maximum amount allowable are deemed available to the child who is disabled.If there is more than one eligible child, the resource amount is prorated.If the minor child who is blind or disabled resides in a nursing care facility, the parent(s)' resources are not deemed to the child.
(3) Exceptions.A child who has mental retardation lives in his or her parent(s)' home and is ineligible for SSP due to the deeming process may be approved for medical SoonerCare (Medicaid) benefits under the Home and Community-Based Waiver (HCBW) Services for the Mentally Retarded Program as outlined in OAC 317:35-9.
(A) The child who is determined eligible under this provision by not deeming the parent(s)' income and resources is not eligible to receive a SSP.
(B) When both parents are in the home and one parent is included in a SSP case and the spouse is included in a TANF benefit with the child, the resources of both parents are evaluated in relation to eligibility for SSI and/or SSP and are not considered on the TANF case.
(C) All resources of the parent(s) are shown on the SSP case.
(c) Age.
(1) Age requirement for the aged.To be eligible for SSP for the aged, the individual must be 65 years of age or older as verified by the Social Security Administration, or by other sources of verification such as birth certificate, insurance policies, family records, or census records.
(2) Age requirement for the blind.There is no age requirement for a SSP for the blind.The age of a child who is blind must be verified in order to establish the need for designating a parent or guardian as payee if the child is younger than 16.When a recipient of a SSP for the blind reaches age 65, he or she is transferred to the category for the aged.
(3) Age requirement for the disabled.To be eligible for a SSP for the disabled, an applicant must be younger than 65.A parent or guardian must be designated as payee if a child who is disabled is younger than 16.When a recipient of a SSP for the disabled reaches age 65, he or she is transferred to the category for the aged.
(d) Fleeing felon.A fleeing felon is not eligible for a SSP.A fleeing felon is defined as a person who:
(1) is fleeing to avoid prosecution, custody, or confinement, after conviction under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees;
(2) is violating a condition of probation or parole imposed under federal or state law; or
(3) has lost SSI benefits due to being a fleeing felon.
(de) Overpayments.A client may incur an overpayment in any SSP Program when for any month in which he or she receives a SSP after SSI benefits are terminated and the worker does not take proper action when notified.¢ 1Any The worker documents and computes the overpayment amount which includes any premiums for Health Insurance Benefits (HIB) paid by the Oklahoma Department of Human Services (OKDHS) Health Care Authority (OHCA) on behalf of an ineligible client are computed by the Family Support Services Division Overpayment Section and added to the benefit amount received ineligibly in accordance with rules at OAC 340:65-9.
INSTRUCTIONS TO STAFF 304:15-1-6
Issued 6-1-09
1.When Supplemental Security Income (SSI) is terminated because the client receives additional income such as Retirement, Survivor's and Disability Insurance (RSDI) or Veteran's Administration (VA) benefits but his or her income is still below the SSP standard, no overpayment is incurred.
