COMMENT DUE DATE:
February 2, 2010
DATE:
January 20, 2010
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-28
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Language previously approved under the emergency rulemaking process is highlighted in Green.
CHAPTER 40. CHILD CARE SERVICES
Subchapter 3.Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [INSTRUCTIONS TO STAFF REVISED]
Subchapter 7.Eligibility
OAC 340:40-7-1 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:40-7-3.1 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:40-7-6 [AMENDED]
OAC 340:40-7-7 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:40-7-8 through 340:40-7-9 [AMENDED]
OAC 340:40-7-11 through 340:40-7-13 [AMENDED]
Subchapter 9.Procedures Relating to Case Changes
OAC 340:40-9-1 [AMENDED]
OAC 340:40-9-3 [INSTRUCTIONS TO STAFF REVISED]
Subchapter 13.Child Care Rates and Provider Issues
OAC 340:40-13-2 [AMENDED]
OAC 340:40-13-5 [AMENDED]
Subchapter 15.Overpayments
OAC 340:40-15-1 [AMENDED]
OAC 340:40-15-2 [INSTRUCTIONS TO STAFF REVISED]
(Reference APA WF 09-28)
SUMMARY:The proposed revisions to Subchapter 7of Chapter 40amend the rules to: (1) change the wording "adult non-relative opposite sex individual" to match the acronym ANROSI; (2) clarify that the number of household members is used to determine which scale on the Appendix C-4, Child Care Eligibility/Co-payment Chart is used; (3) clarify that caretakers who are legally and financially responsible for the child and parents must earn at least minimum wage to be eligible with the exception of adoptive families meeting the criteria in OAC 340:40-7-12(6); (4) add child care may be approved for a client to participate in activities required to maintain a scholarship when proof is provided; (5) clarify that if another person lives in the household that is available and capable of caring for the child, protective or preventive child care is not approved; (6) clarify an Oklahoma Child Support Services referral is not required for the child of an ANROSI living in the home; (7) refer workers to other policy cites for excluded Workforce Investment Act (WIA) income; (8) explain that workers must count the amount of the child's social security benefit used to meet a child’s needs when that child no longer lives with the payee of the child's social security benefit; (9) remove non-recurring lump sum payments as a source of considered income; (10) clarify what types of educational assistance are excluded or considered; (11) clarify types of excluded WIA income; and (12) clarify income computation procedures that includes what is considered best available income information, how to consider income from a new source, and how to consider income at initial certification and at review.
The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to update language to show differences between benefit reporting procedures for semi-annual and annual benefit reporters.
The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) clarify that a parent may choose an in-home provider even if an out-of-home provider is available; (2) change the responsibility for completing contract renewal procedures and monitoring the in-home provider's training hours from the worker to the Family Support Services Division (FSSD) Child Care Subsidy Section staff; (3) move language within the contracting section to provide greater clarify; (4) allow child care center and home providers to sign a contract if they hold an appropriate star status within 30 calendar days to allow coordination with Oklahoma Child Care Services (OCCS) Licensing and Stars programs to prevent a gap in payment; (5) add the term authorized signor to follow contract language; (6) remove requirement for directors to view the training compact disc (CD) and take and pass the proficiency test when the owner lives out of state because the owner still has ultimate authority for the child care center; (7) remove the requirement for the owner to provide proof of ownership as this verification is provided to OCCS Licensing and removing the requirement prevents a duplication of efforts; (8) add collaborations and agreements and legal name change as changes that must be reported to comply with contract requirements; (9) add legal name change to changes that do not require a new contract; (10) add language that when care is provided at an alternate site the provider must have adequate licensed capacity at that site to follow contract language; (11) add an additional contract violation when a provider charges a client for a fee not charged to a private pay family; and (12) clarify that Child Welfare (CW) authorizations cannot be closed by Family Support Services (FSS) staff when a contract is cancelled.
The proposed revisions to Subchapter 15 of Chapter 40 amend the rules to: (1) replace outdated language; and (2) clarify what information is sent to the client when an overpayment claim is established.
340:40-3-1 is amended to: add two circumstances to when a new application is required.Instructions to staff (ITS) is amended to: (1) update language; and (2) clarify that a denial notice is not sent to the provider when the contract number is not known.
340:40-5-1 ITS is amended to: (1) update language; (2) remove the requirement for staff to encourage the client to watch the “Choosing Quality Child Care” video as it is no longer available; (3) add that a family may choose to include all children on one case if it results in a reduced family share co-payment; (4) clarify when separate cases may be required; and (5) refer workers to OAC 340:40-7-11(c)(5) for third party payments made directly to child care providers.
340:40-7-1 ITS is amended to clarify the process the worker must follow when two separate cases must be set up because there is a predetermined eligible and an income eligible child in the same family.
340:40-7-3.1 ITS is amended to clarify the process for entering the special needs unit type on an authorization for both Child Welfare (CW) staff and Family Support Services (FSS) staff.
340:40-7-6 is amended to:(1) change the wording to match the ANROSI acronym to provide clarity to staff; and (2) clarify that the number of household members is used to determine which scale on the Appendix C-4, Child Care Eligibility/Co-payment Chart is used.ITS is amended to:(1) clarify when two separate cases must be set up; (2) clarify that the family may choose to include all children on one case if it results in a reduced family share co-payment; (3) clarify exceptions to considering the income of an ANROSI; (4) remove unnecessary language; (5) clarify that child support is not required to be pursued on the child of an ANROSI living in the home; and (6) clarify that in joint custody situations where both parents qualify for child care subsidy benefits, the blended unit type must not be approved for either case.
340:40-7-7 ITS is revised to clarify that community service hours that are a scholarship requirement meet a need factor.
340:40-7-8 is amended to: (1) clarify legally and financially responsible caretakers as well as parents must meet the minimum wage requirement to be eligible for child care with the exception of adoptive families meeting the criteria at OAC 340:40-7-12(6) as income is not considered for these families; (2) add child care may be approved for a client to participate in activities required to maintain a scholarship when proof is provided as the client may not be able to attend school without the scholarship; (3) clarify if there is another person in the home that is available and capable of caring for a child, child care for a protective or preventive reason is not approved as this person can serve as an alternative to subsidized child care.ITS is revised to allow child care to be approved for activities outside of the classroom required to maintain a scholarship when the client provides verification of the scholarship and the activities required as well as the dates and times of those activities.
340:40-7-9 is amended to clarify an Oklahoma Child Support Services referral is not required for the child of an adult non-relative opposite sex individual (ANROSI) living in the home.
340:40-7-11 is amended to: (1) change wording to match the ANROSI acronym to provide clarity to staff; (2) refer workers to OAC 340:40-7-12(24)(G) for other types of excluded WIA (Workforce Investment Act) income; (3) explain that workers must count the amount of the child's social security benefit used to meet a child’s needs when that child no longer lives with the payee of the child's social security benefit; and (4) remove non-recurring lump sum payments as a source of considered income.ITS is revised to:(1) refer workers to OAC 340:40-7-12 for non-recurring lump sum payments; and (2) clarify types of recurring countable lump sum payments.
340:40-7-12 is amended to clarify:(1) one-time lump sum payments are excluded as income; (2) what types of educational assistance are excluded or considered; and (3) specific types of excluded WIA income.ITS is revised to (1) clarify that the income of an ANROSI is not considered on the case of an adoptive parent with a child meeting the requirements at 340:40-7-12; (2) clarify how the worker codes the adoptive parent when the income is excluded; and (3) clarify when separate cases must be set up.
340:40-7-13 is amended to clarify income computation procedures that includes what is considered best available income information, how to consider income from a new source, and how to consider income at initial certification and at review.
340:40-9-1 is amended to update language to show differences between benefit reporting procedures for semi-annual and annual benefit reporters. ITS is revised to: (1) remove outdated language and add updated language regarding the process when a client reports that the days and hours child care is needed has changed; (2) add one circumstance to when a new application is required; and (3) update language to current terminology.
340:40-9-3 ITS is revised to:(1) refer workers to specific sites for instructions on processing child care applications, denials, and reviews; and (2) clarify that if the contract number is not known when denying a child care application, the notice only generates to the client.
340:40-13-2 is amended to: (1) clarify that a parent can choose an in-home provider even if an out-of-home provider is available; and (2) move responsibility for completing contract renewal procedures and monitoring the in-home provider's training hours from the worker to FSSD Child Care Subsidy staff.ITS is revised to:(1) update language; and (2) move responsibility for completing contract renewal procedures with an in-home provider to FSSD Child Care Subsidy Section staff.
340:40-13-5 is amended to: (1) move information within the section to provide great clarity; (2) add language to allow child care center and home providers to sign a contract if they will hold an appropriate star status within 30 calendar days to allow coordination with Oklahoma Child Care Services (OCCS) Licensing and Stars programs to prevent a gap in payment; (3) add the term authorized signor to follow contract language; (4) remove requirement for directors to view the training compact disc (CD) and take and pass the proficiency test when the owner lives out of state because the owner still has ultimate authority for the child care center; (5) remove the requirement for the owner to provide proof of ownership as this verification is already provided to OCCS Licensing and removing the requirement prevents a duplication of efforts; (6) remove requirement that an OSBI background check be provided for anyone except the owner as OCCS Licensing requests this information and it would be a duplication of efforts; (7) add collaborations and agreements and legal name change as changes that must be reported to comply with contract requirements; (8) add legal name change to changes that do not require a new contract to add clarity; (9) add language that when care is provided at an alternate site the provider must have adequate licensed capacity at that site to follow contract language; (10) add an additional contract violation when a provider charges a client for a fee not charged to a private pay family; and (11) clarify that CW authorizations cannot be closed by FSS staff when a contract is cancelled.ITS is revised amended to: (1) direct staff to the Web site for instructions on accessing the Child Care Licensing System (CCLS); (2) clarify where information can be found in CCLS; (3) define an owner or authorized signor; (4) explain that the Oklahoma State Bureau of Investigation (OSBI) background check must be a name based type search and include all search results and dispositions; (5) clarify that an OSBI background check is not required for a facility status change; (6) clarify that FSSD Child Care Subsidy staff notifies the child care liaison by e-mail when denying a child care contract request; (7) clarify that FSSD Child Care Subsidy staff changes the provider’s address on IMS and e-mails Oklahoma Child Care Services (OCCS) licensing staff when reported; (8) clarify that there may be a gap in payment if a new owner doesn’t provider a contract request and required verifications at least 30 days prior to the ownership change; (9) provide examples of non-allowable fees; and (10) list additional reasons why a contract can be cancelled by OKDHS without cause.
340:40-15-2 ITS is revised to:(1) update language to current terminology; and (2) change the process a worker follows when reporting an overpayment.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
| 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:January 16, 2010
Re:CHAPTER 40. CHILD CARE SERVICES
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 7.Eligibility
OAC 340:40-7-6 [AMENDED]
OAC 340:40-7-8 through 340:40-7-9 [AMENDED]
OAC 340:40-7-11 through 340:40-7-13 [AMENDED]
Subchapter 9.Procedures Relating to Case Changes
OAC 340:40-9-1 [AMENDED]
Subchapter 13.Child Care Rates and Provider Issues
OAC 340:40-13-2 [AMENDED]
OAC 340:40-13-5 [AMENDED]
Subchapter 15. Overpayments
OAC 340:40-15-1 [AMENDED]
(Reference APA WF 09-28)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 3 of Chapter 40 amend the rules to add two circumstances to when a new application is required.
The proposed revisions to Subchapter 7of Chapter 40amend the rules to: (1) change the wording "adult non-relative opposite sex individual" to match the acronym ANROSI; (2) clarify that the number of household members is used to determine which scale on the Appendix C-4, Child Care Eligibility/Co-payment Chart is used; (3) clarify that caretakers who are legally and financially responsible for the child and parents must earn at least minimum wage to be eligible with the exception of adoptive families meeting the criteria in OAC 340:40-7-12(6); (4) add child care may be approved for a client to participate in activities required to maintain a scholarship when proof is provided; (5) clarify that if another person lives in the household that is available and capable of caring for the child, protective or preventive child care is not approved; (6) clarify an Oklahoma Child Support Services referral is not required for the child of an ANROSI living in the home; (7) refer workers to other policy cites for excluded Workforce Investment Act (WIA) income; (8) explain that workers must count the amount of the child's social security benefit used to meet a child’s needs when that child no longer lives with the payee of the child's social security benefit; (9) remove non-recurring lump sum payments as a source of considered income; (10) clarify what types of educational assistance are excluded or considered; (11) clarify types of excluded WIA income; and (12) clarify income computation procedures that includes what is considered best available income information, how to consider income from a new source, and how to consider income at initial certification and at review.
The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to update language to show differences between benefit reporting procedures for semi-annual and annual benefit reporters.
The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) clarify that a parent may choose an in-home provider even if an out-of-home provider is available; (2) change the responsibility for completing contract renewal procedures and monitoring the in-home provider's training hours from the worker to the Family Support Services Division (FSSD) Child Care Subsidy Section staff; (3) move language within the contracting section to provide greater clarify; (4) allow child care center and home providers to sign a contract if they hold an appropriate star status within 30 calendar days to allow coordination with Oklahoma Child Care Services (OCCS) Licensing and Stars programs to prevent a gap in payment; (5) add the term authorized signor to follow contract language; (6) remove requirement for directors to view the training compact disc (CD) and take and pass the proficiency test when the owner lives out of state because the owner still has ultimate authority for the child care center; (7) remove the requirement for the owner to provide proof of ownership as this verification is provided to OCCS Licensing and removing the requirement prevents a duplication of efforts; (8) add collaborations and agreements and legal name change as changes that must be reported to comply with contract requirements; (9) add legal name change to changes that do not require a new contract; (10) add language that when care is provided at an alternate site the provider must have adequate licensed capacity at that site to follow contract language; (11) add an additional contract violation when a provider charges a client for a fee not charged to a private pay family; and (12) clarify that Child Welfare (CW) authorizations cannot be closed by Family Support Services (FSS) staff when a contract is cancelled.
The proposed revisions to Subchapter 15 of Chapter 40 amend the rules to: (1) replace outdated language; and (2) clarify what information is sent to the client when an overpayment claim is established.
Strategic Plan impact.The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
340:40-3-1 is amended to: add two circumstances to when a new application is required.
340:40-7-6 is amended to:(1) change the wording to match the ANROSI acronym to provide clarity to staff; and (2) clarify that the number of household members is used to determine which scale on the Appendix C-4, Child Care Eligibility/Co-payment Chart is used;.
340:40-7-8 is amended to: (1) clarify legally and financially responsible caretakers as well as parents must meet the minimum wage requirement to be eligible for child care with the exception of adoptive families meeting the criteria at OAC 340:40-7-12(6) as income is not considered for these families; (2) add child care may be approved for a client to participate in activities required to maintain a scholarship when proof is provided as the client may not be able to attend school without the scholarship; (3) clarify if there is another person in the home that is available and capable of caring for a child, child care for a protective or preventive reason is not approved as this person can serve as an alternative to subsidized child care.
340:40-7-9 is amended to clarify an Oklahoma Child Support Services referral is not required for the child of an adult non-relative opposite sex individual (ANROSI) living in the home.
340:40-7-11 is amended to: (1) change wording to match the ANROSI acronym to provide clarity to staff; (2) refer workers to OAC 340:40-7-12(24)(G) for other types of excluded WIA (Workforce Investment Act) income; (3) explain that workers must count the amount of the child's social security benefit used to meet a child’s needs when that child no longer lives with the payee of the child's social security benefit; and (4) remove non-recurring lump sum payments as a source of considered income.
340:40-7-12 is amended to clarify:(1) one-time lump sum payments are excluded as income; (2) what types of educational assistance are excluded or considered; and (3) specific types of excluded WIA income.
340:40-7-13 is amended to clarify income computation procedures that includes what is considered best available income information, how to consider income from a new source, and how to consider income at initial certification and at review.
340:40-9-1 is amended to update language to show differences between benefit reporting procedures for semi-annual and annual benefit reporters.
340:40-13-2 is amended to: (1) clarify that a parent can choose an in-home provider even if an out-of-home provider is available; and (2) move responsibility for completing contract renewal procedures and monitoring the in-home provider's training hours from the worker to FSSD Child Care Subsidy staff.
340:40-13-5 is amended to: (1) move information within the section to provide great clarity; (2) add language to allow child care center and home providers to sign a contract if they will hold an appropriate star status within 30 calendar days to allow coordination with Oklahoma Child Care Services (OCCS) Licensing and Stars programs to prevent a gap in payment; (3) add the term authorized signor to follow contract language; (4) remove requirement for directors to view the training compact disc (CD) and take and pass the proficiency test when the owner lives out of state because the owner still has ultimate authority for the child care center; (5) remove the requirement for the owner to provide proof of ownership as this verification is already provided to OCCS Licensing and removing the requirement prevents a duplication of efforts; (6) remove requirement that an OSBI background check be provided for anyone except the owner as OCCS Licensing requests this information and it would be a duplication of efforts; (7) add collaborations and agreements and legal name change as changes that must be reported to comply with contract requirements; (8) add legal name change to changes that do not require a new contract to add clarity; (9) add language that when care is provided at an alternate site the provider must have adequate licensed capacity at that site to follow contract language; (10) add an additional contract violation when a provider charges a client for a fee not charged to a private pay family; and (11) clarify that CW authorizations cannot be closed by FSS staff when a contract is cancelled.
Reasons.The reasons for the proposed revisions are to provide clear and concise rules for OKDHS staff and child care providers so benefits are correctly issued, decisions on child care contracts may be expedited with as few payment gaps as possible, to better coordinate with Oklahoma Child Care Services staff to avoid duplication of effort for child care providers and OKDHS staff, and to better match language on the child care contract with rules.Allowing scholarship activities to meet the need factor for child care helps clients to be better able to maintain their scholarship and pay for school.Non-recurring lump sum payments are being removed as a source of income as federal regulations do not require they be considered as income and counting this income created unnecessary overpayments.No longer requiring a child support referral for children of ANROSIs who are not receiving a child care benefit is being allowed as ANROSIs are not required to pursue additional forms of income.FSSD Child Care Subsidy staff are taking over responsibility for completing contract renewal procedures for in-home providers and monitoring completion of their training hours to better ensure timely processing and compliance.
Repercussions. The proposed rules will give staff a clearer explanation of how to process applications and manage existing cases.They will also clarify the contracting process for child care providers, staff, and FSSD Child Care Subsidy staff.If the proposed revisions are not implemented, staff may not properly process and maintain cases which could cause clients to be denied benefits or receive an incorrect level of benefits and may cause errors if cases are audited.The contracting process may require providers to provide unnecessary documentation, contract applications may not be processed properly and providers may not maintain appropriate records required for contract monitoring.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
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 the clients receiving benefits administered by FSSD, persons who have child care contracts or plan to obtain child care contracts, 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 the clients receiving benefits administered by FSSD and OKDHS staff and persons who have child care contracts or plan to obtain child care contracts.
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 positively impact clients or families and child care providers.
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 will reduce risks to the public’s health, safety, and environment by facilitating the delivery of benefits and services to persons who are in need.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The determination of the initial and continuing eligibility may be hindered if the proposed rules are not implemented since the rules clarifying language that facilitates the delivery of benefits and services to persons who are in need.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 3, 2009. Modified December 12, 2009.
