COMMENT DUE DATE:
July 7, 2009
DATE:
June 22, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-13
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM
OAC 340:60-1-3 [AMENDED]
OAC 340:60-1-6 [INSTRUCTIONS TO STAFF (ITS) ONLY REVISED]
SUMMARY:The proposed revisions to Chapter 60 amend the rules to update legal cites for aliens in special immigrant status.
340:60-1-3 is revised to update legal cites for aliens in special immigrant status.
340:60-1-6 Instructions to Staff are amended to remove the exception for Afghans in special immigrant status as they may now receive up to eight months of eligibility.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested to comply with changes in federal law.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Director
Family Support Services Division
Date:June 10, 2009
Re:CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM
340:60-1-3 [AMENDED]
(Reference APA WF 09-13)
Contact:Laura Brown, Telephone: 521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The purpose of the proposed rules is to update legal cites for aliens in special immigrant status.
Strategic Plan impact.The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
OAC 340:60-1-3 is revised to update legal cites for aliens in special immigrant status.
Reasons.The proposed rules are being updated to comply with changes in federal law.
Repercussions. If the proposed rules are not implemented, OKDHS will be out of compliance with federal law.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009.
Emergency rulemaking approval is requested.Emergency rulemaking approval is requested to comply with changes in federal law.
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: Refugee applicants and recipients will be affected.
C.A description of the classes of persons who will benefit from the proposed rule: Refugee applicants and recipients will be affected.
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 economic impact will be positive for refugee applicants and recipients.
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 of printing and distributing the rules is estimated to be less than $10.
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: There will be no economic impact on any political subdivisions nor will their cooperation be required in implementing or enforcing 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.
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 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: The implementation of the proposed rules should have a positive effect on the public health, safety, and environment by promoting family safety and stability.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If proposed rules are not implemented, OKDHS rules will not comply with federal law.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared June 10, 2009.Modified June 22, 2009.
CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM
340:60-1-3. Refugee Resettlement Program (RRP)
Revised 11-1-08 11-1-09
(a) The Refugee Act of 1980.The Oklahoma Department of Human Services (OKDHS) RRP uses the international definition of refugee adopted under the Refugee Act of 1980.¢ 1
(b) Refugee documentation.¢ 2An applicant for assistance under the RRP must provide documentation issued by the United States Citizenship and Immigration Services (USCIS).Acceptable documentation includes, but is not limited to:
(1) Form I-94, Departure Record;
(2) Form I-551, Legal Permanent Resident Card;¢ 3
(3) a passport stamped with the classification status;
(4) a T-Visa; or
(5) a letter or order from the USCIS or court granting asylum.
(c) Refugee status.Documentation from USCIS provided by the applicant must show the applicant's status is:
(1) paroled as a refugee or asylee under Section 212(d)(5) of the Immigration and Nationality Act (INA);
(2) admitted as a refugee under Section 207 of the INA;
(3) granted asylum under Section 208 of the INA;
(4) admitted as an Amerasian immigrant from Vietnam under Section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1989, as amended;
(5) admitted for permanent residence, provided the person previously held one of the statuses identified in this Section;
(6) a Cuban or Haitian entrant;
(7) an alien and his or her eligible relatives who are victims of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000 which was reauthorized and amended by the Trafficking Victims Protection Reauthorization Act of 2003;
(8) an Iraqi admitted under in special immigrant status pursuant to Section 525 of Division G of Public Law (P.L.) 110-161 of the Consolidated Appropriations Act of 2008, as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 1244 of P.L. 110-181, of the National Defense Authorization Act for Fiscal Year 2008 pursuant to Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008, and Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; or
(9) an Afghan admitted under in special immigrant status pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act of 2008 and as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101 (a)(27)] and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act, 2009, pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act , 2009. ¢ 4
(d) Verification of alien status.A declaration of alien status is required at application for all persons applying for RRP.
(1) Under penalty of perjury, the applicant declares the alien status of all persons applying for RRP benefits on the application form and signs the application.After certification, this declaration is made on Form 08MP022E, Declaration of Citizenship Status, before additional persons are added to the benefit.
(2) The Systematic Alien Verification for Entitlement (SAVE) process is used to verify alien status per OAC 340:65-3-4 (5).¢ 54
(e) Exclusions from RRP.Persons excluded from participation in RRP are:
(1) resident aliens who did not previously have the status of refugee or asylee; or
(2) any applicant for asylum who has not been granted asylum status.
INSTRUCTIONS TO STAFF 340:60-1-3
Revised 11-1-08 11-1-09
1.The international definition of refugee is:
(1) a person outside his or her country of origin who is unable or unwilling to return to that country due to persecution or a well-founded fear of persecution after such return; and
(2) in specifically designated countries, those persons who are still within their countries of origin who have a well-founded fear of persecution if they remain.
2.The Comprehensive Alien Chart can be accessed on the Family Support Services/ Temporary Assistance for Needy Families (FSSD/TANF) Web site on the InfoNet.
3.Form I-151, Resident Alien Card, is no longer valid to prove immigration status.Persons who present Form I-151 must be referred to the United States Citizenship and Immigration Services (USCIS) for a replacement Form I‑551, Permanent Resident Card.
4.An Afghan may be eligible for benefits for up to six months from the date the person is granted special immigrant status.
54.Refugees who inquire about changing their alien status to legal permanent resident (LPR) contact USCIS, 4400 SW 44 St, Suite A, Oklahoma City, Oklahoma, 73119.
340:60-1-6. Program eligibility and procedures [ITS ONLY REVISED]
Revised 6-1-06
(a) Social services.Social services are provided by Oklahoma Department of Human Services (OKDHS) contracted providers in accordance with Section 400.147 through 155 Title 45 of the Code of Federal Regulations.
(b) Cash assistance.Refugees must be afforded an opportunity to apply for cash assistance.Eligibility is determined according to Temporary Assistance for Needy Families (TANF) or State Supplement Payment (SSP) program rules.The worker refers refugees who are age 65 or over, blind, or disabled to the Social Security Administration to apply for Supplemental Security Income (SSI).If the eligibility requirements for TANF or SSP are not met, a referral is made to Catholic Charities for Refugee Cash Assistance (RCA).
(c) Medical assistance.Medicaid eligibility must be determined according to rules in OAC 317:35.If not eligible for Medicaid, eligibility for Refugee Medical Assistance (RMA) must be determined using Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule XIV.All recipients of RCA are eligible for RMA if not eligible for Medicaid.
(d) Refugee Medical Assistance.¢ 1A determination of categorical relationship is not required for the first eight months of eligibility for RMA from the date of entry into the United States.This date of entry is found on the documentation verifying the refugee's or asylee's status.After the first eight months,¢ 2 Medicaid rules at OAC 317:35 apply.For RMA, only income available on the date of application is considered.No consideration is given to:
(1) in-kind services and shelter provided by a sponsor or a local resettlement agency;
(2) cash assistance payments; and
(3) employment earnings which start after approval for RMA.
(e) Application processing time limit.An application must be disposed of by a date which brings the effective date of action within 30 days following the date of application.When disposition is not possible within this time limit, the applicant is notified in writing at the end of the 30 days of the reason for the delay and the right to request a fair hearing if he or she chooses to do so [OAC 340:2-5].
(f) Food benefits.The appropriate food benefit application and certification procedures are followed.¢ 32
INSTRUCTIONS TO STAFF 340:60-1-6
Revised 11-1-08 11-1-09
1.When determined eligible for Refugee Medical Assistance (RMA), the Family Assistance/Client Services (FACS) fields completed are:
(1) Citizen/Alien, with an entry of Qualified Alien-Asylee or Qualified Alien‑Refugee (Household tab);
(2) Alien Registration Number (Household tab);
(3) Alien Entry Date (Household tab); and
(4) Categorical Relationship with an entry of Refugee with Benefit Types of ABCD or M (CNR) (Medical Gen tab).
2.For an Afghan admitted under special immigrant status pursuant to Section 525 of Division G of Public Law 110-161 of the Consolidated Appropriations Act of 2008 and Section 101(a)(27) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(27)], categorical relationship is not a factor for the first six months of eligibility for RMA from the date special immigrant status is granted.
32.See OAC 340:50 for food benefit rules.OAC 340:50-5-67 Instructions to Staff 1 through 4 specifically addresses alien status rules for food benefits.
