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 09-29
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-1 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:50-3-2 through 340:50-3-3 [AMENDED]
Subchapter 5 Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-2 [AMENDED]
OAC 340:50-5-10.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-27 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:50-5-30 [AMENDED]
Part 5 Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-45 [AMENDED]
OAC 340:50-5-48 [AMENDED]
Part 7 Related Provisions
OAC 340:50-5-64.1
Part 9 Work Registration
OAC 340:50-5-91 through 340:50-5-94 [AMENDED]
OAC 340:50-5-96 [AMENDED]
Subchapter 7 Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 through 340:50-7-31 [AMENDED]
Part 5. Determination of Income
OAC 340:50-7-45 through 340:50-7-46 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT)
OAC 340:50-10-1 [AMENDED]
OAC 340:50-10-9 [AMENDED]
OAC 340:50-10-11 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-1 [AMENDED]
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 340:50-11-21 through 340:50-11-22 [AMENDED]
OAC 340:50-11-25 [AMENDED]
OAC 340:50 11-27 [AMENDED]
OAC 340:50-11-46 [INSTRUCTIONS TO STAFF REVISED]
Part 9. Disaster Procedures and Reporting Requirements
OAC 340:50-11-86 [AMENDED]
OAC 340:50-11-88 [AMENDED]
Part 11. Special Procedures for Joint Processing of Food Stamp Supplemental Nutrition Assistance Program and SSI Applicants
OAC 340:50-11-105 [AMENDED]
OAC 340:50-11-107 through 340:50-11-108 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 [AMENDED]
Subchapter 13. Fair Hearings
OAC 340:50-13-2 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 1. Overpayments
OAC 340:50-15-1 [AMENDED]
OAC 340:50-15-3 [AMENDED]
OAC 340:50-15-5 through 340:50-15-6 [AMENDED]
(Reference APA WF 09-29)
SUMMARY: The proposed revisions to Chapter 50 amend the rules to:(1) change all language regarding food stamps to food benefits, (2) update other language to current terminology, and (3) add clarifying information.
Subchapter 5 is amended to:(1) add information to clarify when children who normally live elsewhere are living with parents on weekends or other occasional times can be included in the benefits; (2) group types of disqualified households together that have their income, resources, and expenses treated the same way; (3) add clarifying language about who is considered a fleeing felon and the actions a worker must take regarding the fleeing felon; (4) update form names; and (5) update information about who is eligible for a Work Opportunity Tax Credit.
Subchapter 7 is amended to:(1) add clarifying language regarding educational income; (2) add additional income that is considered exempt; (3) remove redundant self-employment information from one section; (4) clarify how income from rental property is considered; (5) change fleeing felons to the household type whose income, resources, and expenses are not prorated; (6) add the policy cite for the definition of elderly or disabled; (7) update the allowable dependent care deduction to the total billed to the client; (8) add clarifying language regarding income used in a month when an extra check is received due to a third or fifth check; and (9) add clarifying language regarding when actual and anticipated income is to be used.
Subchapter 9 is amended to:(1) add language regarding determining the net food benefit income; (2) remove three month certification periods as an option; and (3) remove outdated language regarding certification periods.
Subchapter 11 is amended to:(1) add language that food benefit issued due to a disaster must be used within 90 days of certification or they are expunged and cannot be added back into the account; and (2) correct language regarding which households are considered categorically eligible.
Subchapter 13 is amended to add clarifying language that benefits are not continued when an appeal has been filed and the certification period has ended.
Subchapter 15 is amended to remove an obsolete form number.
340:50-3-1 is revised to add Instructions to staff (ITS) to:(1) clarify when an oral request can be used as the application date; and (2) explain when and how to remove an authorized representative from the case.
340:50-3-2 is revised to: (1) update language to current terminology; and (2) rearrange rules for greater clarity.ITS added to advise of action to be taken when the client or authorized representative fail to come in for the scheduled face-to-face interview.
340:3-3 is revised to rearrange rules for greater clarity.
340:50-5-2 is revised to:(1) update language to current terminology; and (2) add information to clarify when children who normally live elsewhere are living with parents on weekends or other occasional times can be included in the benefits.
340:50-5-10.1 is revised to:(1) group types of disqualified household together that have their income, resources, and expenses treated the same way; (2) add clarifying language about who is considered a fleeing felon and the actions a worker must take regarding the fleeing felon; and (3) update language to current terminology.
340:50-5-27 Instructions to staff is revised to update language to current terminology.
340:50-5-30, 50-5-91, 340:50-5-93, 340:50-5-96, 340:50-10-1, 340:50-10-9, 340:50-11-21, 340:50-11-22, 340:50-11-25, 340:11-88, 340:50-11-105, 340:50-11-107, and 340:50-11-108 are revised to update language to current terminology.
340:50-5-45 is revised to:(1) update language to current terminology; and (2) and add clarifying language.ITS updated to add clarifying language regarding the work rule for students.
340:50-5-48, 50-5-92, 340:50-5-94, 340:50-10-11, and 340:50-11-1 are revised to:(1) update language to current terminology; and (2) and add clarifying language.
340:50-5-64.1 is revised to update:(1) language to current terminology; (2) form names to current names; and (3) information about who is eligible for a Work Opportunity Tax Credit.
340:50-7-22 is revised to:(1) add clarifying language regarding educational income; and (2) add additional income considered exempt.
340:50-7-29 is revised to:(1) remove self-employment income procedures and cite another rule for this information; and (2) move fleeing felons to the household type whose income, resources, and allowable expenses are not prorated.
340:50-7-30 is revised to clarify how income from rental property is considered.
340:50-7-31 is revised to:(1) add the policy cite for the definition of elderly or disabled; (2) update the allowable dependent care deduction to the total billed to the client; and (3) remove outdated language.ITS updated to remove language regarding shelter deductions for self employed households whose home is their place of business.
340:50-7-45 is revised to add clarifying language regarding income used in a month when an extra check is received due to a third or fifth paycheck.ITS are updated to clarify when actual income is not to be used.
340:50-7-46 is revised to add clarifying language regarding when actual and anticipated income are used.ITS are updated to:(1) clarify how to convert income when monthly amounts are used; and (2) clarify when actual income is not to be used.
340:50-9-1 is revised to: (1) add language regarding determining the net food benefit income; (2) remove three month certification periods as an option; and (3) remove outdated language regarding certification periods.
340:50-11-1 is revised to clarify how to: (1) update language to current terminology; and (2) add clarifying language.Instructions to staff updated to clarify how to handle liquid resources in determining expedited eligibility.
340:50-11-27 is revised to:(1) update language to current terminology; and (2) add clarifying language.ITS is added to clarify how food benefits are handled when Temporary Assistance for Needy Families (TANF) is closed and the primary food benefit case is the companion State Supplemental Payment (SSP) case.
340:50-11-46 ITS is revised to update language to current terminology.
340:50-11-86 is revised to: (1) update language to current terminology; and (2) add language that food benefits issued due to a disaster must be used within 90 days of certification or they are expunged and cannot be out back into the account.
340:50-11-111 is revised to correct language regarding which households are considered categorically eligible.
340:50-13-2 is revised to add clarifying language that benefits are not continued when an appeal has been filed and the certification period has ended.
340:50-15-1, 340:50-15-3, 340:50-15-5, and 340:50-15-6 are revised to remove the form number from a notice that is no longer a form.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
| 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, 2010
Re:CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-2 through 340:50-3-3 [AMENDED]
Subchapter 5 Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-2 [AMENDED]
OAC 340:50-5-10.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-30 [AMENDED]
Part 5 Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-45 [AMENDED]
OAC 340:50-5-48 [AMENDED]
Part 7 Related Provisions
OAC 340:50-5-64.1
Part 9 Work Registration
OAC 340:50-5-91 through 340:50-5-94 [AMENDED]
OAC 340:50-5-96 [AMENDED]
Subchapter 7 Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 through 340:50-7-31 [AMENDED]
Part 5. Determination of Income
OAC 340:50-7-45 through 340:50-7-46 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT)
OAC 340:50-10-1 [AMENDED]
OAC 340:50-10-9 [AMENDED]
OAC 340:50-10-11 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-1 [AMENDED]
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 340:50-11-21 through 340:50-11-22 [AMENDED]
OAC 340:50-11-25 [AMENDED]
OAC 340:50 11-27 [AMENDED]
Part 9. Disaster Procedures and Reporting Requirements
OAC 340:50-11-86 [AMENDED]
OAC 340:50-11-88 [AMENDED]
Part 11. Special Procedures for Joint Processing of Food Stamp Supplemental Nutrition Assistance Program and SSI Applicants
OAC 340:50-11-105 [AMENDED]
OAC 340:50-11-107 through 340:50-11-108 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 [AMENDED]
Subchapter 13. Fair Hearings
OAC 340:50-13-2 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 1. Overpayments
OAC 340:50-15-1 [AMENDED]
OAC 340:50-15-3 [AMENDED]
OAC 340:50-15-5 through 340:50-15-6 [AMENDED]
(Reference APA WF 09-29)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 50 amend the rules to:(1) change all language regarding food stamps to food benefits, (2) update other language to current terminology, and (3) add clarifying information.
Subchapter 5 is amended to:(1) add information to clarify when children who normally live elsewhere are living with parents on weekends or other occasional times can be included in the benefits; (2) group types of disqualified households together that have their income, resources, and expenses treated the same way; (3) add clarifying language about who is considered a fleeing felon and the actions a worker must take regarding the fleeing felon; (4) update form names; and (5) update information about who is eligible for a Work Opportunity Tax Credit.
Subchapter 7 is amended to:(1) add clarifying language regarding educational income; (2) add additional income that is considered exempt; (3) remove redundant self-employment information from one section; (4) clarify how income from rental property is considered; (5) change fleeing felons to the household type whose income, resources, and expenses are not prorated; (6) add the policy cite for the definition of elderly or disabled; (7) update the allowable dependent care deduction to the total billed to the client; (8) add clarifying language regarding income used in a month when an extra check is received due to a third or fifth check; and (9) add clarifying language regarding when actual and anticipated income is to be used.
Subchapter 9 is amended to:(1) add language regarding determining the net food benefit income; (2) remove three month certification periods as an option; and (3) remove outdated language regarding certification periods.
Subchapter 11 is amended to:(1) add language that food benefit issued due to a disaster must be used within 90 days of certification or they are expunged and cannot be added back into the account; and (2) correct language regarding which households are considered categorically eligible.
Subchapter 13 is amended to add clarifying language that benefits are not continued when an appeal has been filed and the certification period has ended.
Subchapter 15 is amended to remove an obsolete form number.
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by assisting clients to become independent, employed, and productive citizens and continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:50-3-2 is revised to: (1) update language to current terminology; and (2) rearrange rules for greater clarity.
340:3-3 is revised to rearrange rules for greater clarity.
340:50-5-2 is revised to:(1) update language to current terminology; and (2) add information to clarify when children who normally live elsewhere are living with parents on weekends or other occasional times can be included in the benefits.
340:50-5-10.1 is revised to:(1) group types of disqualified household together that have their income, resources, and expenses treated the same way; (2) add clarifying language about who is considered a fleeing felon and the actions a worker must take regarding the fleeing felon; and (3) update language to current terminology.
340:50-5-30, 50-5-91, 340:50-5-93, 340:50-5-96, 340:50-10-1, 340:50-10-9, 340:50-11-21, 340:50-11-22, 340:50-11-25, 340:11-88, 340:50-11-105, 340:50-11-105, 340:50-11-107, and 340:50-11-108 are revised to update language to current terminology.
340:50-5-45, 340:50-5-48, 50-5-92, 340:50-5-94, 340:50-10-11, 340:50-11-1, and 340:50-11-27 are revised to:(1) update language to current terminology; and (2) and add clarifying language.
340:50-5-64.1 is revised to update:(1) language to current terminology; (2) form names to current names; and (3) information about who is eligible for a Work Opportunity Tax Credit.
340:50-7-22 is revised to:(1) add clarifying language regarding educational income; and (2) add additional income considered exempt.
340:50-7-29 is revised to:(1) remove self-employment income procedures and cite another rule for this information; and (2) move fleeing felons to the household type whose income, resources, and allowable expenses are not prorated.
340:50-7-30 is revised to clarify how income from rental property is considered.
340:50-7-31 is revised to:(1) add the policy cite for the definition of elderly or disabled; (2) update the allowable dependent care deduction to the total billed to the client; and (3) remove outdated language.
340:50-7-45 is revised to add clarifying language regarding income used in a month when an extra check is received due to a third or fifth paycheck.
340:50-7-46 is revised to add clarifying language regarding when actual and anticipated income are used.
340:50-9-1 is revised to: (1) add language regarding determining the net food benefit income; (2) remove three month certification periods as an option; and (3) remove outdated language regarding certification periods.
340:50-11-86 is revised to: (1) update language to current terminology; and (2) add language that food benefits issued due to a disaster must be used within 90 days of certification or they are expunged and cannot be out back into the account.
340:50-11-111 is revised to correct language regarding which households are considered categorically eligible.
340:50-13-2 is revised to add clarifying language that benefits are not continued when an appeal has been filed and the certification period has ended.
340:50-15-1, 340:50-15-3, 340:50-15-5, and 340:50-15-6 are revised to remove the form number from a notice that is no longer a form.
Reasons.The proposed revisions provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need.Rules regarding how to consider income, resources, and expenses of fleeing felons, that benefits are not continued when an appeal has been filed at the end of a certification period, and which households are considered categorically eligible were revised because OKDHS is out of compliance with federal regulations.
Repercussions. The proposed rules will make policy easier to understand for both OKDHS staff and the public.If the proposed revisions are not implemented staff may not properly process and maintain cases which could cause clients to receive an incorrect level of benefits and may cause errors if cases are audited.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 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 the 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 bring the rules into compliance with federal law, which will have a positive impact on the health, safety, and well-being of SNAP households by facilitating the delivery of benefits and services to individuals 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: If the proposed rules are not implemented, rules will not be in compliance with federal regulations and staff may not process benefits correctly.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 3, 2009. Modified December 12, 2009.
