COMMENT DUE DATE:
September 8, 2009
DATE:
August 25, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-18
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 11. Special Procedures
Part 3. Simplified Food Stamp Supplemental Nutrition Assistance Program (SFSP SSNAP) for Temporary Assistance For Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipient(S)
OAC 340:50-11-20 [AMENDED
SUMMARY:The proposed revisions to Subchapter 11 of Chapter 50 amend rules to remove participation in the Work Supplementation Program (WSP) as a reason why a household receiving Temporary Assistance for Needy Families (TANF) is no longer eligible for Simplified Nutrition Assistance Program (SSNAP).
340:50-11-20 is revised remove participation in WSP as a reason why a household receiving TANF is no longer eligible for SSNAP.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested as OKDHS finds there is a compelling public interest for SNAP rules to match proposed TANF rules regarding SEP.TANF proposed rules will allow OKDHS to access ARRA Emergency Contingency Fund monies to increase services to TANF families through access to employment in SEP and provide incentives to employers to employ SEP participants during these difficult economic times.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 273.23 of Title 7 of the Code of Federal Regulations (CFR), the Food and Nutrition Act of 2008, and the American Recovery and Reinvestment Act of 2009 which established the Emergency Contingency Fund for State TANF Programs as Section 403(c) of the Social Security Act.
| 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:August 19, 2009
Re:CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 11. Special Procedures
Part 3. Simplified Food Stamp Supplemental Nutrition Assistance Program (SFSP SSNAP) for Temporary Assistance For Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipient(S)
OAC 340:50-11-20 [AMENDED
(Reference APA WF 09-18)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 11 of Chapter 50 amend the rules to remove participation in the Work Supplementation Program (WSP) as a reason why a household receiving Temporary Assistance for Needy Families (TANF) is no longer eligible for Simplified Nutrition Assistance Program (SSNAP).
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
OAC 340:50-11-20 is revised remove participation in WSP as a reason why a household receiving TANF is no longer eligible for SSNAP.
Reasons.The proposed revisions are being updated because the TANF Program is changing the name of WSP to the Subsidized Employment Program (SEP) and changing participation requirements in order to access American Recovery and Reinvestment Act (ARRA) TANF Emergency Contingency Fund monies to increase services to TANF families through access to employment in SEP.
Repercussions. If the proposed rules are not approved, the program name will be incorrect and TANF families participating in SEP will not be able to continue to participate in SSNAP which could cause a financial hardship for these families.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 273.23 of Title 7 of the Code of Federal Regulations (CFR), the Food and Nutrition Act of 2008, and the American Recovery and Reinvestment Act of 2009 which established the Emergency Contingency Fund for State TANF Programs as Section 403(c) of the Social Security Act.
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds there is a compelling public interest for SNAP rules to match proposed TANF rules regarding SEP.TANF proposed rules will allow OKDHS to access ARRA Emergency Contingency Fund monies to increase services to TANF families through access to employment in SEP and provide incentives to employers to employ SEP participants during these difficult economic times.
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 families receiving TANF and food benefits. 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 the clients receiving TANF that participate in SEP and also need food benefits.
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 services to TANF recipients.
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 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 will reduce risks to the public’s health, safety, and environment by enhancing services available to TANF recipients.
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, it may cause families to continue to receive TANF benefits for longer periods of time.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 19, 2009. Modified August 21,2009SUBCHAPTER 11. SPECIAL PROCEDURES
PART 3. SIMPLIFIED FOOD STAMP Supplemental Nutrition Assistance PROGRAM (SFSP SSNAP) FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) AND COMPANION STATE SUPPLEMENTAL PAYMENT (SSP) RECIPIENT(S)
340:50-11-20. Scope
Revised 7-1-06 12-1-09
(a) The Simplified Food Stamp Program (SFSP) Supplemental Nutrition Assistance Program (SSNAP) rules in this Subchapter are used when ALL food benefit household members are included in:¢ 1 through 2
(1) Temporary Assistance for Needy Families (TANF) cash assistance; or
(2) TANF cash assistance and a companion State Supplemental Payment (SSP) case.
(b) SFSP SSNAP procedures do not apply when:
(1) no household member receives TANF cash assistance;
(2) all household members receive SSP; or
(3) a household member is participating in the Work Supplementation Program; or
(4) any household member is a disqualified food benefit household member as described in OAC 340:50-5-10.1.
INSTRUCTIONS TO STAFF
Revised 7-1-06 12-1-09
1.(a) Food benefit household members are defined in OAC 340:50-5-1.
2.(b) A child(ren) approved for Temporary Assistance for Needy Families (TANF) vouchers, whether receiving vouchers or not, is considered included in the TANF cash assistance for the Simplified Food Stamp Program (SFSP).When the Temporary Assistance for Needy Families (TANF) cash assistance is frozen because a household member is participating in the Subsidized Employment Program (SEP), the household continues to be eligible for Simplified Supplemental Nutrition Assistance Program (SSNAP) without consideration of the SEP income during the period of participation as long as household composition remains the same.Once SEP participation period ends and the TANF benefit closes, the household may be eligible for transitional food benefits in accordance with OAC 340:50-11-27.
