COMMENT DUE DATE:
January 5, 2010
DATE:
December 8, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-23
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 340:15-1-5 [INSTRUCTION TO STAFFS ONLY REVISED]
(Reference APA WF 09-23)
SUMMARY:OAC 340:15-1-4 is revised to add: (1) language to give a $500 earned income disregard for applicants and recipients of the State Supplemental Payment (SSP) Program who are blind; and (2) clarifying language.Instruction to staff added to give examples of when a person is not eligible for SSP.
OAC 340:15-1-5 Instruction to staff is revised to add examples of when a person is not eligible for SSP even though his or her income and resources are below the SSP standard.
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 15 of Title 7 of the Oklahoma Statutes.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 5, 2009
Re:Chapter 15. State Supplemental Payment
OAC 340:15-1-4 [AMENDED]
(Reference APA WF 09-23)
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 add:(1) language to give a $500 earned income disregard for applicants and recipients of the State Supplemental Payment (SSP) Program who are blind; and (2) clarifying language.
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:15-1-4 is amended to add:(1) language to give a $500 earned income disregard for applicants and recipients of the SSP who are blind; and (2) clarifying language.
Reasons.The proposed revisions will bring policy in compliance with Oklahoma law and provide staff with clear and concise rules to facilitate the accurate delivery of benefits.
Repercussions. If the proposed revisions are not implemented, applicants and recipients who are blind may not receive the appropriate earned income disregard and staff's ability to issue benefits as efficiently and effectively as possible could be hindered.
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 15 of Title 7 of the Oklahoma Statutes.
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 who are blind 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 and SSP applicants and recipients who are blind.
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 SSP rules in regard to earned income disregards for applicants and recipients who are blind.
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 is 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, 2009.Modified November 10, 2009
CHAPTER 15. STATE SUPPLEMENTAL PAYMENT
340:15-1-4. State Supplemental Payment plan
Revised 6-1-09 6-1-10
The State Supplemental Payment (SSP) plan for the aged, blind, 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 adopted by the Oklahoma Commission for Human Services (Commission).
(4) Fair hearings.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) 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.
(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.In accordance with Section 183 of Title 56 of the Oklahoma Statutes and 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;
(B) expect an investigation of eligibility; and
(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 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 persons who since December, 1973:
(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);
(II) have continuously received Home and Community‑Based Waiver Services for the Mentally Retarded; or
(III) were patients 65 or older and have continuously resided in a mental hospital.
(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.The purpose of the SSP is to supplement income the person is receiving.¢1OKDHS, in determining need for an aged, blind, or disabled person, takes into consideration any available income and resources of the person in accordance with rules at OAC 317:35-5-41 and 317:35-5-42 and federal and state law.For blind persons, the first $500 of monthly earned income is disregarded in addition to the usual earned income disregards per Section 15 of Title 7 of the Oklahoma Statutes.
(11) Civil rights.The SSP Program is administered in accordance with the provisions of Title VI of the Civil Rights Act.
INSTRUCTIONS TO STAFF 340:15-1-4
Issued 6-1-10
1.A person is not eligible for a State Supplemental Payment (SSP) when he or she:
(1) has no income; or
(2) is ineligible for Supplemental Security Income (SSI) for a reason other than income.See OAC 340:15-1-5 Instructions to staff 1 for examples.
340:15-1-5. State Supplemental Payment [Instructions to Staff only]
Revised 7-1-04
(a) Eligibility for payment.An individual is eligible for a State Supplemental Payment (SSP) if he or she would be eligible for Supplemental Security Income (SSI) because of age or disability and; ¢1
(1) is not a resident of a public facility operated by an entity of government, such as any correctional, mental health, nursing care, or juvenile facility;
(2) is not a long term, over 30 days, patient in a psychiatric facility or a psychiatric unit of an acute care hospital;
(3) has countable income, including SSI, that is less than the SSP need standard on Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule VIII.A;
(4) was and remains approved for care in a licensed Title XIX nursing care facility since December, 1973 and retains eligibility for a mandatory SSP.See OKDHS Appendix C-1, Schedule VIII.B., for the mandatory supplement standard;
(5) is not a child in OKDHS custody for whom out-of-home care is paid by OKDHS;
(6) is a resident in the Oklahoma School for the Blind or the Oklahoma School for the Deaf and meets all other eligibility requirements;
(7) is ineligible for SSI based on income; but has income less than the SSP maximum, and meets all other conditions of eligibility; or
(8) takes all appropriate steps to obtain other benefits within 30 days after he or she has been notified of his or her potential eligibility.
(b) Amount of payment.The amount of SSP is based upon the amount of income the individual(s) receives.The maximum payment cannot exceed the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A. for an individual.Payment can be authorized retroactively based on appeal or to correct an administrative error.Payment cannot be authorized retroactively based on client failure to timely report information affecting eligibility.
(1) Eligible couple.Income eligibility is determined by comparing the total countable income of the couple with the SSP standard for an eligible couple.
(A) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(B) If the amount of countable income is less than the standard, the total countable income of the couple is deducted from the standard to compute the payment amount.The SSP for each member of the couple is one-half of the remainder.If the SSP cannot be divided equally so that each member of the couple receives the same amount, one member of the couple receives a higher SSP, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(2) Eligible individual.Income eligibility is determined by comparing the total countable income of the individual with the SSP standard for an eligible individual.
(A) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(B) If the amount of countable income is less than the standard, the total countable income of the individual is deducted from the standard to compute the payment amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(3) Eligible individual with essential spouse.Income eligibility is determined by comparing the total countable income of the individual and spouse with the SSP standard for the eligible individual with essential or ineligible spouse.
(A) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(B) If the amount of countable income is less than the standard, the total countable income of the individual and spouse is deducted from the standard to compute the payment amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(4) Eligible individual with ineligible spouse.Income eligibility is determined by comparing the total countable income of the individual with the SSP standard for the eligible individual.
(A) If the amount of countable income is equal to or greater than the SSP standard for the eligible individual, the application is denied or the case is closed.
(B) If the amount of countable income is less than the SSP standard for the individual, the total countable income of the individual and the spouse is compared with the SSP standard for an eligible individual with essential or ineligible spouse.
(i) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(ii) If the amount of countable income is less than the standard, the total countable income of the individual and spouse is deducted from the SSP standard for an eligible individual with essential or ineligible spouse to compute the payment amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.Use the standard for the eligible individual when the ineligible spouse is included in a Temporary Assistance for Needy Families (TANF) benefit.
(5) Eligible individual with ineligible spouse and dependent child.Income eligibility is determined by comparing the total countable income of the individual with the SSP standard for the eligible individual.
(A) If the individual's countable income is equal to or greater than the standard, the application is denied or the case is closed.
(B) If the individual's countable income is less than the SSP standard for an eligible individual, the spouse's countable income is determined by following (i) through (iv) of this paragraph.
(i) If the spouse and dependent child are included in a TANF benefit, their income is considered on the TANF case and none is deemed to the eligible individual.The total countable income of the individual is deducted from the standard to compute the SSP amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(ii) If the spouse's needs are not included in the TANF case for the child, the portion of the spouse's income that is considered in determining the benefit for the child is not considered in the SSP case.
(iii) If the dependent child is not receiving TANF, the child's allocation, minus the child's income, is deducted from the spouse's income to determine the amount to be considered on the SSP case.See OKDHS Appendix C-1, Schedule VIII.C for the child's allocation.
(iv) Income of a child is never deemed to the adult.
(C) The total countable income of the individual and the spouse is compared with the SSP standard for an eligible individual with an essential or ineligible spouse.
(i) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(ii) If the amount of countable income is less than the standard, the countable income is deducted from the standard to compute the payment amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(6) Minor who is blind or disabled. Income eligibility is determined by adding the child's own income to the amount deemed from the parents and comparing the total to the SSP standard for an eligible individual.¢ 1 2
(A) If the amount of countable income is equal to or greater than the standard, the application is denied or the case is closed.
(B) If the amount of countable income is less than the standard, the total countable income is deducted from the standard to compute the payment amount, subject to the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A.
(c) Concurrent receipt of more than one form of payment.No person who is included in a SSP may be included for the same period in another SSP or Temporary Assistance for Needy Families (TANF) benefit.A person who is the payee for a TANF benefit, but whose needs are not included, is not precluded from being a recipient of a SSP if he or she meets eligibility requirements.When a recipient of TANF or SSP is transferred to another category, the effective date must be the same for the removal from one category and the beginning of payment from the other category.
INSTRUCTIONS TO STAFF 340:15-1-5
Revised 6-1-10
1.Examples of persons whose countable income and resources are below the State Supplemental Payment (SSP) standard but who are not eligible for SSP include:
(1) aliens who are lawful permanent residents but are ineligible for Supplemental Security Income (SSI) because they have resided in the United States for less than seven years; and
(2) persons who are age 65 or older but have no income.They must be approved for SSI before the worker approves SSP.
12.The CID transaction is available on the information management system (IMS) for computing the income amount to be deemed from the parent(s) and the spouse of the parent to an eligible disabled or blind minor child.
