COMMENT DUE DATE:
February 3, 2009
DATE:
January 20, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-27
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 50. FOOD STAMP SUPPLEMEMTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-5 [AMENDED]
(Reference APA WF08-27)
SUMMARY:The proposed revisions to OAC 340:50-9-5 amend the rule to: (1) change reporting requirements for annual reporter households to match semi-annual reporter requirements; (2) change the date that a benefit report form must be returned to the Oklahoma Department of Human Services (OKDHS) OKDHS for semi-annual and annual reporters; (3) clarify able-bodied adult without dependents (ABAWD) reporting requirements for semi-annual reporters; (4) update language to current terminology; and (5) remove internal procedures from the rule.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution Commission for Human Services; and the Food and Nutrition Act of 2008.
| 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:January 16, 2009
Re:CHAPTER 50. FOOD STAMP SUPPLEMEMTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-5 [AMENDED]
(Reference APA WF08-27)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to: (1) change reporting requirements for annual reporter households to match semi-annual reporter requirements; (2) change the date that a benefit report form must be returned to the Oklahoma Department of Human Services (OKDHS) OKDHS for semi-annual and annual reporters; (3) clarify able-bodied adult without dependents (ABAWD) reporting requirements for semi-annual reporters; (4) update language to current terminology; and (5) remove internal procedures from the rule.
Strategic Plan impact.The proposed rules achieve OKDHS goals by assisting clients to become independent, employed, and productive citizens and continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:50-9-5 is amended to (1) change reporting requirements for annual reporter households to match semi-annual reporter requirements; (2) change the date that a benefit report form must be returned to OKDHS for semi-annual and annual reporters; (3) clarify ABAWD reporting requirements for semi-annual reporters; (4) update language to current terminology; and (5) remove internal procedures from the rule.
Reasons.The proposed revisions align the annual reporter requirements with the semi-annual reporter requirements, shorten the time frame in which a case can be reopened if a completed benefit report form is not received timely to encourage clients to return the form and verification more quickly, and to provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to person who are in need.Changing the annual reporter requirements to match semi-annual reporter requirements will help reduce client caused errors due to failure to report changes.
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 implemented, clients who return a completed benefit report form in the 7th month for semi-annual reporters or 13th month for annual reporters will be required to reapply.Client caused errors for failure to report changes will be fewer if the change is made to align annual reporter requirements with semi-annual reporter requirements.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution Commission for Human Services; 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 Supplemental Nutrition Assistance Program (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 with federal 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 have a positive impact on the health, safety, and well-being of annual reporter SNAP households as their benefits will decrease less often between certification periods due to changes in income.Reducing the reopening time frame after benefit closure will require more clients to make new applications or return needed information more quickly.
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, annual reporters must report changes within ten days or become subject to an overpayment.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 2, 2008. Modified January 16, 2009 for permanent rulemaking.
SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES
340:50-9-5. Changes after application and during the certification period
Revised 06-01-09
(a) Applicant households.Applicant households must report all changes related to their food benefit eligibility and benefit amount.Households must report changes that occur after the interview but before the date of the notice of eligibility, within ten calendar days of the date of the notice.¢ 1
(b) Certified households.Those households assigned a certification period other than 12 or 24 months are required to report within ten calendar days changes in:
(1) sources of income;
(2) unearned income of $50 per month or more;
(3) earned income of more than $100 per month;
(4) household composition, such as an addition or loss of a household member;
(5) residence and resulting changes in shelter costs;
(6) the acquisition of licensed vehicles not fully excluded;
(7) cash on hand, stocks, bonds, and money in bank checking or savings accounts or savings institutions, when the balance reaches or exceeds a total of $2,000; and¢ 2
(8) the legal obligation to pay child support.
(c) Change affecting food benefit. If a reported change affects the household's eligibility or food benefit amount, the household is notified of the adjustment to be made and the effective date.The worker has ten calendar days from the date the change is reported to take the necessary action.¢ 23
(1) If the household fails to report a change within the ten-day period and, as a result, receives benefits to which it is not entitled, an overissuance is referred to the Family Support Services Division, Overpayment (FSSD) Benefit Integrity and Recovery Section.
(2) If the worker fails to take action on a reported change within the prescribed time limits and benefits are lost, they are restored to the household.
(d) Changes that increase benefits.Changes resulting in a benefit increase must be verified.The household is allowed ten calendar days to verify the information.¢ 4
(1) The change is made effective no later than the first issuance to be delivered ten calendar days after the date the change was reported or verified, whichever is later.
(2) The worker issues a supplement when a change that increases benefits is reported too late to verify and make the change by regular roll deadlines.
(3) If verification is provided timely, the supplement is issued by the tenth calendar day following the date the change was reported, or the date the regular roll benefit is to be received, whichever is later.
(4) If the required verification is not provided within ten calendar days but is provided at a later date, the supplement is issued within ten calendar days of the date verification was provided, rather than from the date the change was reported.
(e) Changes which decrease or terminate benefits.Food benefits are closed, never suspended, if a change in household circumstances causes a household to be ineligible for food benefits.When a household's benefit level decreases or is terminated, an advance notice is required unless exempt from such a notice for a reason listed in (1) and (2) of this subsection.When an advance notice is required, the decrease or termination of the benefit is effective no later than the month following the month in which the advance notice period expired.¢ 35When the change is reported less than ten calendar days before the advance notice deadline, the action must be taken before advance notice deadline the following month.Advance notice is not required when the:
(1) the Oklahoma Department of Human Services (OKDHS) receives a clear written statement signed by a responsible household member stating he or she no longer wishes food benefits or giving information which requires termination or reduction of food benefits and stating that he or she understands the food benefit will be reduced or terminated.The household retains its right to a fair hearing and to continue benefits if a fair hearing is requested within ten calendar days of the change notice; and
(2) the reduction or termination of food benefits is based on situations listed in (j) of this Section.¢ 46
(f) Annual reporting households.Non-public assistance (non-PA) Food benefit households with all adult members elderly or disabled with no earned income are known as annual reporters. ¢ 7 A 24-month certification period is automatically assigned.These households are only required to report within ten calendar days those changes listed in (b) of this Section that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size.The worker must act on any changes reported by these households that increase their benefits.The worker also acts on changes reported by the household that result in a decrease in benefits.The system determines if the change results in a decrease in benefits.A decrease in benefits does not occur unless the:
(1) household has requested closure of the case; or
(2) worker has information about the household's circumstances considered verified upon receipt.¢ 58
(g) Benefit review form for annual reporters.Annual reporting households are sent computer-generated Form 08MP004E, Benefit Review Report, in the 11th month of certification.¢ 69 The intent of this form is to allow the household's circumstances to be reviewed without requiring face-to-face contact.
(1) The worker must act on any changes reported on Form 08MP004E.
(2) If the reported changes result in a reduction or termination of benefits, an advance notice must be sent to the household.
(3) If the household fails to provide sufficient information regarding a deductible expense, the benefits are not terminated, but processed without regard to the deduction.
(4) Form 08MP004E must be completed and returned to the human services center (HSC), along with all required verification, by the last day of the 13th 12th month of certification.¢710
(h) Semi-annual reporting households.
(1) A 12-month certification period is assigned to non-PA food benefit households at certification unless the household contains:¢811
(A) a member who is an able-bodied adult without dependents (ABAWD) who is not meeting the work requirement;
(B) an ABAWD who is not otherwise exempt; or
(C) all adult household members who are elderly or disabled with no earned income.
(2) These households are only required to report changes that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size unless their household contains an ABAWD meeting the work rule per OAC 340:50-5-64(a).Households with an ABAWD who is meeting the work rule at certification must report if the hours decrease below an average of 20 per week or 80 per month.¢ 912The worker must act on any changes reported by these households that increase their benefits.The worker also acts on changes reported by the household that result in a decrease in benefits.The system determines if the change results in a decrease in benefits.A decrease in benefits does not occur unless the:
(A) household has requested closure of the case; or
(B) worker has information about the household's circumstances considered verified upon receipt.¢ 108
(i) Benefit review form for semi-annual reporters.Semi-annual reporting households are sent a computer-generated Form 08MP004E in the fifth month of certification.¢ 69
(1) The worker must act on any changes reported on Form 08MP004E.
(2) If the reported changes result in a reduction or termination of benefits, an advance notice must be sent to the household.
(3) If the household fails to provide sufficient information regarding a deductible expense, the benefits must not be terminated, but processed without regard to the deduction.
(4) Form 08MP004E must be completed and returned to the HSC, along with all required verification, by the last day of the seventh sixth month of certification.¢ 1113
(j) Notice of adverse action not required.
(1) Mass changes. The individual notification requirement is waived when changes affecting the entire caseload or significant portions of the caseload are initiated because of changes or requirements in federal or state law.¢ 1214 In these situations, the Family Support Services Division (FSSD) mails notices to the households informing them of the changes that are about to be made.¢ 1315
(2) Notice of death.If the worker determines, based on reliable information, that all members of the household are deceased, notice of adverse action is not required.
(3) Moved out of county.Notice of adverse action is not required when the worker determines, based on reliable information, that the household has moved out of the county and that a transfer request has not been received.
(4) Completion of restoration of lost benefits.Notice of adverse action is not required if the household is previously notified in writing when restoration of lost benefits is completed and the household's food benefit is reduced due to completion of restoration of lost benefits.
(5) Variable food benefit.The household benefit amount varies from month to month within the certification period to take into account changes that were anticipated at the time of certification and the household was so notified at the time of certification.
(6) Willful misrepresentation.Notice of adverse action is not required if a person in the household is disqualified for willful misrepresentation.If there is more than one person in the household, the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.
(7) Food benefit recoupment.A notice of adverse action is not required if the household fails to make agreed upon cash or food benefit repayment of an overpayment.
(8) Drug or alcohol treatment center or group home loses approved status.If a household's eligibility is being terminated because the drug or alcohol treatment center or group home facility is no longer approved, an individual notice of adverse action is not required.
(k) Action on changes when fair hearings are requested.When a household requests a fair hearing within ten calendar days of the date shown on the adverse action notice, the household may continue to receive food benefits.
INSTRUCTIONS TO STAFF 340:50-9-5
Revised 6-1-09
1.At the interview, the worker must give each household Form 08FB038E, Changes in Household Circumstances.A change is considered reported the date the human services center (HSC) receives Form 08FB038E or is notified of the change by telephone or personal contact.In order to provide easier access, each HSC must have a telephone number where collect calls are accepted.The phone number is:
(A) provided on all notices such as those for certification, denial, and adverse action; and
(B) shown on Form 08FB038E.
2.Resources are not verified for households considered categorically eligible to receive food benefits per OAC 340:50-11-111.
23.When a change is reported, the worker determines if the change affects the household's eligibility or the food benefit.The worker must document all reported changes in Family Assistance/Client Services (FACS) Case Notes.If the change was reported on Form 08FB038E, the household must be provided with another Form 08FB038E.
4.When a change is reported:
(1) the change is made effective no later than the first issuance to be delivered ten calendar days after the date the change was reported or verified, whichever is later;
(2) the worker issues a supplement when a change that increases benefits is reported too late to verify and make the change by regular roll deadlines;
(3) if verification is provided timely, the supplement is issued by the tenth calendar day following the date the change was reported, or the date the regular roll benefit is to be received, whichever is later; and
(4) if the required verification is not provided within ten calendar days but is provided at a later date, the supplement is issued within ten calendar days of the date verification was provided, rather than from the date the change was reported.
35.When a change is reported ten calendar days or more before the advance notice deadline, Oklahoma Department of Human Services (OKDHS) Appendix B-2, Deadlines for Case Actions, the action is taken in the same month the change is reported.
46.A notice of adverse action is computer-generated except when the reason for the change is death, code 01, or other, code 69.When code 69 is used, Form 08MP038E, Notice to Client, is hand issued by the worker.
57.The worker is responsible for determining which households are identified as annual reporters.The worker uses normal certification procedures.The computer recognizes the annual report status, automatically assigns a 24‑month certification period, and identifies the household as an annual reporter by entering A in the reporter status field.
8.(a) Verified upon receipt means that information is not questionable, and the provider is the primary source of the information, such as:
(1) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA). For example, a BENDEX data exchange message is received during a non-report month indicating a household member is approved for Social Security benefits.This income would result in a decrease in food benefits and the information is considered verified upon receipt.Action must be taken by the next effective date using normal adverse action processes;
(2) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from the SSA;
(3) Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);
(4) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC);
(5) workers' compensation documents from Workers' Compensation Court;
(6) the household itself, when it reports changes in household composition.For example, the client reports a person has left the household which will result in a decrease in food benefits.This information is considered verified upon receipt.Action must be taken by the next effective date using normal adverse action processes; and
(7) actions processed for food benefits or other OKDHS programs, that affect food benefit expenses such as:
(A) a decrease in child care family share co-payment, which would result in a smaller dependent care deduction; or
(B) the determination of an intentional program violation.
(b) Examples of information that is NOT verified upon receipt are:
(1) Oklahoma Wage Link (OWC and OWL), quarterly wage match data;
(2) any wage data obtained from BENDEX; and
(3) New Hire List (NHL) matches.For example, an NHL data exchange message is received during a non-report month indicating a household member has started to work.This income would decrease the food benefit; however, the information is NOT considered verified upon receipt.The action to decrease food benefits is not taken as it is a non‑report month.
69.Food benefit cases in reporter status are displayed on CWA Report 17, for tracking purposes, the month after Form 08MP004E, Benefit Review Report, is sent to the client.Food benefit cases are no longer displayed on CWA Report 17 when the benefit report action field is updated with C for complete.If the benefit report action field remains blank or is updated to I for incomplete, the case remains on the CWA Report 17 until the benefits close at negative action deadline.
710.When Form 08MP004E is returned to the HSC, the worker determines if the form is complete and all required verification is received.
(1) If complete, the worker processes all changes, updates the benefit report action field with C, and enters the date the action is shown as complete.
(2) If incomplete or lacking all required verification, the worker updates the benefit report action field with I indicating an incomplete form, and enters the date the 08MP004E was received in the HSC.
(3) If Form 08MP004E is not returned to the HSC, the benefit report action field remains blank.When this field remains blank or shows an I at negative action deadline, the food benefits are automatically closed the next effective date with reason code 36S.
(4) During the period between negative action deadline and the last day of the 13th 12th month, the worker may reopen closed food benefits when the completed Form 08MP004E and/or required verifications are received.Any required changes are processed along with the action to reopen food benefits using R in the action taken field and 18O in the reason code field.It is also necessary to update the F24/F25 fields for those persons included in the benefit household.
(5) In the event the completed Form 08MP004E and/or required verifications are received in the 14th 13th month or later, the household must re-apply.
(6) If the worker fails to take action in a timely manner and food benefits subsequently close, normal reopening processes using reason code 18A are used.
811.The worker follows normal certification procedures.The computer recognizes the semi-annual status, automatically assigns a 12‑month certification period, and identifies the household as a semi-annual reporter by entering S in the reporter status field.
912.(a) The worker is responsible for determining which households are identified as semi-annual reporters.
(1) The worker:
(A) informs the client of his or her responsibility to report when the household's gross countable income is over 130 percent of the monthly poverty income guideline as shown in Oklahoma Department of Human Services (OKDHS) Appendix C-3, Maximum Coupon Food Benefit Allotments and Standards for Income and Deductions, Maximum Income and Utilities ; and
(B) instructs the client to calculate monthly gross income by totaling actual income received in each calendar month.Actual income is the income before any deductions are applied.
(2) At the time a calendar month's total gross income exceeds 130 percent of the monthly poverty income guideline, the household is required to report this change in ten calendar days.
(3) The worker uses normal adverse action processes to close the food benefits.
(b) The worker informs Able Bodied Adults Without Dependents (ABAWD) who are meeting the work rule at the time of certification to report if their work hours decrease below 20 hours per week, averaged to 80 hours per month.They are required to report this change within ten calendar days of the date of the change.See OAC 340:50-5-64 for information on ABAWD work requirements.
(1) When the client reports changes timely or untimely, the worker must review the client's prior ABAWD status to accurately determine if all food benefits for which the client is eligible have been received.This includes the initial first three 'free' months.If the worker determines the client is eligible for the initial three 'free' months, then food benefits continue.The worker completes a desk review during the third month prior to advance notice deadline to again review the client's ABAWD status.
(2) When the worker determines the client has received all food benefits for which he or she is eligible, the client is removed from the food benefit the next effective date.If the client is the only person in the food benefit household, the worker closes the benefits the next effective date.
10.(a) Verified upon receipt means that information is not questionable, and the provider is the primary source of the information, such as:
(1) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA). For example, a BENDEX data exchange message is received during a non-report month indicating a household member is approved for Social Security benefits.This income would result in a decrease in food benefits.This information is considered verified upon receipt.Action must be taken by the next effective date using normal adverse action processes.
(2) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from the SSA;
(3) Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);
(4) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC);
(5) workers' compensation documents from Workers' Compensation Court;
(6) the household itself, when it reports changes in household composition.For example, the client reports a person has left the household which will result in a decrease in food benefits.This information is considered verified upon receipt.Action must be taken by the next effective date using normal adverse action processes; and
(7) actions processed in the food stamp or other OKDHS programs, that affect food benefit expenses such as:
(A) a decrease in child care family share co-payment, which would result in a smaller dependent care deduction; or
(B) the determination of an intentional program violation.
(b) Examples of information that is NOT verified upon receipt are:
(1) Oklahoma Wage Link (OWC and OWL), quarterly wage match data;
(2) any wage data obtained from BENDEX; and
(3) New Hire List (NHL) matches.For example, an NHL data exchange message is received during a non-report month indicating a household member has started to work.This income would decrease the food benefit; however, the information is NOT considered verified upon receipt.The action to decrease food benefits is not taken as it is a non‑report month.
1113.(a) When Form 08MP004E is returned to the HSC, the worker determines if the form is complete and has all required verification, including verification of all income received in the month specified on Form 08MP004E.
(1) If complete, the worker processes all changes, updates the benefit report action field with C, and enters the date action shown as complete.
(2) If incomplete or lacking all required verification, the worker updates the benefit report action field with I indicating an incomplete form, and enters the date action is taken.
(3) If Form 08MP004E is not returned to the HSC, the benefit report action field remains blank.When this field remains blank or shows I at negative action deadline, the case automatically closes the next effective date with reason code 36S.
(b) During the period between negative action deadline and the last day of the seventh sixth month, the worker may reopen closed food benefits when the completed Form 08MP004E and/or required verifications are received.Any required changes are processed along with the action to reopen food benefits using R in the action taken field and 18O in the reason code field.It is also necessary to update the F24/F25 fields for those persons included in the benefit household.
(c) In the event the completed Form 08MP004E and/or required verifications are received in the eighth seventh month or later, the household must re‑apply.
(d) If the worker fails to take action in a timely manner and food benefits subsequently close, normal reopening processes using reason code 18A are used.
1214.Examples of mass changes include changes in:
(1) the maximum income limitation or basis of issuance tables;
(2) Social Security or SSI benefits; and
(3) Temporary Assistance for Needy Families (TANF) and or State Supplemental Payments.
1315.The Family Support Services Division may also make announcements through the news media so the general public as well as food benefit recipients are notified of changes which are being made.
