COMMENT DUE DATE:
January 6, 2009
DATE:
December 12, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-22
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 50. FOOD STAMP SUPPLEMEMTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 1. General Provisions
OAC 340:50-1-1 through 340: 50-1-3 [AMENDED]
OAC 340:50-1-5 through 340:50-1-6 [AMENDED]
OAC 340:50-1-9 [AMENDED]
Subchapter 3. Application Process
OAC 340:50-3-1 [AMENDED]
Subchapter 5. Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-1 [AMENDED]
OAC 340:50-5-3 [AMENDED]
OAC 340:50-5-5 [AMENDED]
OAC 340:50-5-7 [AMENDED]
OAC 340:50-5-8.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-25 through 340:50-5-26 [AMENDED]
OAC 340:50-5-29 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-46 [AMENDED]
OAC 340:50-5-49 [AMENDED]
Part 7. Related Provisions
OAC 340:50-5-64 [AMENDED]
OAC 340:50-5-68 [AMENDED]
Part 9. Work Registration
OAC 340:50-5-86 [AMENDED]
OAC 340:50-5-88 [AMENDED]
OAC 340:50-5-90 [AMENDED]
OAC 340:50-5-97 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-1 [AMENDED]
OAC 340:50-7-2 [Instructions to Staff Only Revised]
OAC 340:50-7-5 [AMENDED]
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 [AMENDED]
OAC 340:50-7-30 through 340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-3 through 340:50-11-4 [AMENDED]
OAC 340:50-11-23 through 340:50-11-24 [AMENDED]
OAC 340:50-11-27 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 through 340:50-11-115 [AMENDED]
Subchapter 13. Fair Hearings
OAC 340:50-13-3 through 340:50-13-4 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 1. Overpayments
OAC 340:50-15-1 through 340:50-15-6 [AMENDED]
Part 3. Fraud
OAC 340:50-15-25 through 340:50-15-27 [AMENDED]
(Reference APA WF 08-22)
SUMMARY: The proposed revisions to Subchapters 1, 5, 7, 9, 11, 13, and 15 of Chapter 50amend the rules to: (1) update the name of the Food Stamp Program to the new federal name of Supplemental Nutrition Assistance Program (SNAP); (2) change the legal authority used to administer SNAP from the Food Stamp Act of 1977 to the Food and Nutrition Act of 2008; (3) change all language regarding food stamps to food benefits; (4) include language that a telephone interview can be used for recertifications; (5) remove consideration of resources as an eligibility factor for food benefit households defined as a categorically eligible household; (6) add how income from rental property is considered; (7) remove incorrect certification periods; (8) clarify able-bodied adults without dependents (ABAWD) certification periods; (9) add additional households as categorically eligible; (10) state whether the categorically eligible household is subject to income and resources rules; (11) remove redundant rules; (12) clarify how the recipient's eligibility status is determined when the recipient loses categorical eligibility status; (13) remove requirement that a notice is sent to the client when benefits have not been accessed for three months; (14) add clarifying information regarding repayment plans set by the court judiciary system; (15) update language to current terminology; (16) add clarifying language; (17) remove internal procedures from rules; and (18) update form names and numbers.
340:50-1-1, 340:50-1-2, 340:50-3-1, 340:50-5-3, 340:50-5-7, 340:50-5-8.1, 340:50-5-25, 340:50-5-26, 340:50-5-29, 340:50-5-64, 340:50-5-68, 340:50-5-88, 340:50-7-22, 340:50-11-3, 340:50-11-4, 340:50-11-23, 340:50-11-27, 340:50-13-3, 340:50-13-4, 340:50-15-2, 340:50-15-4, 340:50-15-26, and 340:50-15-27 are amended to update language to current terminology.
340:50-1-3, 340:50-1-5, 340:50-1-6, 340:50-5-1, 340:50-5-86, 340:50-5-90, and 340:50-7-5 are amended to: (1) update language to current terminology; and (2) add clarifying language.
340:50-1-9 is amended to: (1) update language to current terminology; (2) add clarifying language; and (3) add language regarding telephone interviews for recertifications.
340:50-5-5, 340:50-5-97, 340:50-7-29, 340:50-11-24 340:50-15-1, 340:50-15-3, 340:50-15-5, 340:50-15-25 are amended to: (1) update language to current terminology; and (2) add current form names.
340:50-5-46 is amended to: (1) update language to current terminology; and (2) remove internal procedures from the rule.
340:50-5-49 is amended to: (1) update language to current terminology; (2) add clarifying language; and (3) add current form names.
340:50-7-1 is revised to explain resources are only considered if the food benefit household is not a categorically eligible household.
340:50-7-2 Instructions to staff is revised to amend the legal citation for pension funds.
340:50-7-30 is revised to: (1) add how income from rental property is considered; (2) update language to current terminology; and (3) add current form names.
340:50-7-31 is revised to: (1) update language to current terminology; (2) add clarifying language; (3) add current form names; and (4) remove internal procedures from the rule.
340:50-9-1 is revised to: (1) remove incorrect certification periods (2) clarify ABAWD certification periods; (3) update form names; (4) remove internal procedures from the rule; and (5) update language to current terminology.
340:50-11-111 is revised to: (1) add additional households as categorically eligible; and (2) update language to current terminology.
340:50-11-112 is revised to: (1) add clarifying language; and (2) remove internal procedures from rules.
340:50-11-113 is amended to: (1) add additional households as categorically eligible; (2) state whether the categorically eligible household is subject to income and resources rules; and (3) update language to current terminology.
340:50-11-114 is amended to: (1) remove redundant rules; and (2) update language to current terminology.
340:50-11-115 is revised to clarify how the recipient's eligibility status is determined when he or she loses categorical eligibility status.
340:50-15-6 is revised to: (1) remove requirement that a notice is sent to the client when benefits have not been accessed for three months; (2) add clarifying information regarding repayment plans set by the court judiciary system; (3) update form names and numbers; and (4) update language to current terminology.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Food and Nutrition Act of 2008.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:December 16, 2008
Re:CHAPTER 50. FOOD STAMP SUPPLEMEMTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 1. General Provisions
OAC 340:50-1-1 through 340:50-1-3 [AMENDED]
OAC 340:50-1-5 through 340:50-1-6 [AMENDED]
OAC 340:50-1-9 [AMENDED]
Subchapter 3. Application Process
OAC 340:50-3-1 [AMENDED]
Subchapter 5. Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-1 [AMENDED]
OAC 340:50-5-3 [AMENDED]
OAC 340:50-5-5 [AMENDED]
OAC 340:50-5-7 [AMENDED]
OAC 340:50-5-8.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-25 through 340:50-5-26 [AMENDED]
OAC 340:50-5-29 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-46 [AMENDED]
OAC 340:50-5-49 [AMENDED]
Part 7. Related Provisions
OAC 340:50-5-64 [AMENDED]
OAC 340:50-5-68 [AMENDED]
Part 9. Work Registration
OAC 340:50-5-86 [AMENDED]
OAC 340:50-5-88 [AMENDED]
OAC 340:50-5-90 [AMENDED]
OAC 340:50-5-97 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-1 through 340:50-7-3 [AMENDED]
OAC 340:50-7-5 [AMENDED]
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 [AMENDED]
OAC 340:50-7-30 through 340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-3 through 340:50-11-4 [AMENDED]
OAC 340:50-11-23 through 340:50-11-24 [AMENDED]
OAC 340:50-11-27 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 through 340:50-11-115 [AMENDED]
Subchapter 13. Fair Hearings
OAC 340:50-13-3 through 340:50-13-4 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 1. Overpayments
OAC 340:50-15-1 through 340:50-15-6 [AMENDED]
Part 3. Fraud
OAC 340:50-15-25 through 340:50-15-27 [AMENDED]
(Reference APA WF 08-22)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 50amend the rules to: (1) update the name of the Food Stamp Program to the new federal name of Supplemental Nutrition Assistance Program (SNAP); (2) change the legal authority used to administer the SNAP program from the Food Stamp Act of 1977 to the Food and Nutrition Act of 2008; (3) change all language regarding food stamps to food benefits; and (4) update other language to current terminology.In addition to these proposed revisions, additional changes were made as described below.
Subchapter 1 is amended to add: (1) language that a telephone interview can be used for recertifications; and (2) clarifying language
Subchapter 5 is amended to:(1) add clarifying language; (2) remove internal procedures from the rule; and (3) update form numbers.
Subchapter 7 is amended to: (1 remove consideration of resources as an eligibility factor for food benefit households defined as a categorically eligible household; (2) add clarifying language; (3) update form names; (4) add how income from rental property is considered; and (5) remove internal procedures from the rule.
Subchapter 9 is amended to: (1) remove incorrect certification periods; (2) clarify able-bodied adults without dependents (ABAWD) certification periods; (3) update form names; and (4) remove internal procedures from the rule.
Subchapter 11 is amended to: (1) update form names; (2) add additional households as categorically eligible; (3) state whether the categorically eligible household is subject to income and resources rules; (4) remove redundant rules; and (5) clarify how the recipient's eligibility status is determined when he or she loses categorical eligibility status.
Subchapter 15 is amended to (1) update form names; (2) remove requirement that a notice be sent to the client when benefits have not been accessed for three months; and (3) add clarifying information regarding repayment plans set by the court judiciary system.
Strategic Plan impact.The proposed rules achieve OKDHS goals by assistingclients to become independent, employed, and productive citizens and continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:50-1-1, 340:50-1-2, 340:50-3-1, 340:50-5-3, 340:50-5-7, 340:50-5-8.1, 340:50-5-25, 340:50-5-26, 340:50-5-29, 340:50-5-64, 340:50-5-68, 340:50-5-88, 340:50-7-22, 340:50-11-3, 340:50-11-4, 340:50-11-23, 340:50-11-27, 340:50-13-3, 340:50-13-4, 340:50-15-2, 340:50-15-4, 340:50-15-26, and 340:50-15-27 are amended to update language to current terminology.
340:50-1-3, 340:50-1-5, 340:50-1-6, 340:50-5-1, 340:50-5-86, 340:50-5-90, and 340:50-7-5 are amended to: (1) update language to current terminology; and (2) add clarifying language.
340:50-1-9 is amended to: (1) update language to current terminology; (2) add clarifying language; and (3) add language regarding telephone interviews for recertifications.
340:50-5-5, 340:50-5-97, 340:50-7-29, 340:50-11-24 340:50-15-1, 340:50-15-3, 340:50-15-5, 340:50-15-25 are amended to: (1) update language to current terminology; and (2) add current form names.
340:50-5-46 is amended to: (1) update language to current terminology; and (2) remove internal procedures from the rule.
340:50-5-49 is amended to: (1) update language to current terminology; (2) add clarifying language; and (3) add current form names.
340:50-7-1 is revised to explain resources are only considered if the food benefit household is not a categorically eligible household.
340:50-7-30 is revised to: (1) add how income from rental property is considered; (2) update language to current terminology; and (3) add current form names.
340:50-7-31 is revised to: (1) update language to current terminology; (2) add clarifying language; (3) add current form names; and (4) remove internal procedures from the rule.
340:50-9-1 is revised to: (1) remove incorrect certification periods (2) clarify ABAWD certification periods; (3) update form names; (4) remove internal procedures from the rule; and (5) update language to current terminology.
340:50-11-111 is revised to: (1) add additional households as categorically eligible; and (2) update language to current terminology.
340:50-11-112 is revised to: (1) add clarifying language; and (2) remove internal procedures from rules.
340:50-11-113 is amended to: (1) add additional households as categorically eligible; (2) state whether the categorically eligible household is subject to income and resources rules; and (3) update language to current terminology.
340:50-11-114 is amended to: (1) remove redundant rules; and (2) update language to current terminology.
340:50-11-115 is revised to clarify how the recipient's eligibility status is determined when he or she loses categorical eligibility status.
340:50-15-6 is revised to: (1) remove requirement that a notice is sent to the client when benefits have not been accessed for three months; (2) add clarifying information regarding repayment plans set by the court judiciary system; (3) update form names and numbers; and (4) update language to current terminology.
Reasons.The proposed revisions provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need.The proposed revision to update the program name change and the Act under which the program operates is due to recent federal legislation.Categorical eligibility is expanded to more households to exclude resources which will help these families lead more independent and productive lives by helping these families save for future needs such as college and retirement without it affecting their eligibility for food benefits.It may also reduce incorrect determinations based on resources.The removal of the requirement to send a notice when benefits have not been used for three months is removed due to federal interpretation.
Repercussions. The proposed rules make policy easier to understand for both human services center (HSC) staff and the public and will help families save for future expenses.If the proposed revisions are not implemented, food benefits cannot be expanded to households who are currently over resources.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Food and Nutrition Act of 2008.
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 SNAP) households 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 SNAP households 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 delivery of services to SNAP households.
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 nonregulatory methods or less intrusive methods for complying withfederal mandate.
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 bring the rules into compliance with federal law, which will have a positive impact on the health, safety, and well-being of SNAP households by facilitating the delivery of benefits and services to individuals who are in need.Exempting resources will allow food benefit households to lead more independent and productive lives as they will be able to save for future needs such as college or retirement without it affecting their eligibility for food benefits.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, rules will not be in compliance with federal regulations, there could be confusion regarding the difference in the federal and state program names, and by not removing the resource limits, it can be detrimental to our clients ability to be more independent and productive.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 5, 2008.Modified December 16 for permanent rulemaking.
