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COMMENT DUE DATE:  

March 2, 2010

DATE: 

February 8, 2010

Tammy Hall OCSS (405) 522-0022

Dena Thayer   PMU Manager   (405) 521-4326

Nancy Kelly  PMU Specialist   (405) 522-6703

RE:  

APA WF 10-05

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Emergency .  This proposal will go to the Commission meeting on

Chapter 25. Oklahoma Child Support Services

Subchapter 5. Operational Policies

Part 37. Recovery

OAC 340:25-5-312 [AMENDED]

(Reference APA WF 10-05)

SUMMARY:The proposed revisions to Subchapter 5 of Chapter 25 amend the rules to: reduce the fiscal impact on families when Oklahoma Child Support Services (OCSS) is recovering an overpayment from current child support collections.

Substantive changes.

OAC 340:25-5-312 is amended to reduce the percentage of current support withheld from 50 percent to 25 percent when OCSS is recovering an overpayment.

LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 654 of Title 42 of the United States Code; Section 302.33 of Title 45 Code of Federal Regulations; Sections 171, 185, 237A through 237.2, 237.7, 238, and 238.1 of Title 56 of the Oklahoma Statutes; Section 724.1 of Title 3A of the Oklahoma Statutes; and Sections 205.2 and 205.3 of Title 68 of the Oklahoma Statutes; and Oklahoma Administrative Code 340:25-5-305.

OKLAHOMA DEPARTMENT OF HUMAN SERVICES

Rule Impact Statement

To:Dena Thayer, programs administrator

Policy Management Unit

From:Gary W. Dart, Director

Oklahoma Child Support Ser vices

Date:February 3, 2010

Re:CHAPTER 25. Oklahoma Child Support Services

Subchapter 5. Operational Policies

Part 37. Recovery

OAC 340:25-5-312 [AMENDED]

(Reference APA WF10-05)

Contact:Tammy Hall 405-522-0022

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed revisions to Subchapter 5 of Chapter 25 amend the rules to: reduce the fiscal impact on families when Oklahoma Child Support Services (OCSS) is recovering an overpayment from current child support collections.

Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services goals by continuing to seek new solutions to help individuals and families become more independent.As the economy worsens, this proposed change also contributes to OCSS mission to be a more reliable source of income for the families we serve.

Substantive changes.

OAC 340:25-5-312 is amended to reduce the percentage of current support withheld from 50 percent to 25 percent when OCSS is recovering an overpayment.

Reasons.The proposed revisions continue strengthening families and improving services to our families during these difficult economic times.

Repercussions.The proposed rules provide more money to families.If the proposed revisions are not implemented, families will continue to be burdened with income loss even when the department is at fault.

Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 654 of Title 42 of the United States Code; Section 302.33 of Title 45 Code of Federal Regulations; Sections 171, 185, 237A through 237.2, 237.7, 238, and 238.1 of Title 56 of the Oklahoma Statutes; Section 724.1 of Title 3A of the Oklahoma Statutes; and Sections 205.2 and 205.3 of Title 68 of the Oklahoma Statutes; and Oklahoma Administrative Code 340:25-5-305.

Emergency, approval.Emergency, rulemaking approval is requested to reduce the fiscal impact on families who have a child support overpayment with OKDHS.

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 custodial parents and children.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 custodial persons and their children.

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 approximately $16,250 for computer programming.The revised rules will result in more money to families.

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, nonregulatory methods, or less intrusive methods for complying with state 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 state law, which will have a positive impact on the health, safety, and well-being of custodial parents and their children.

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, loss of 50 percent of current monthly support for repayment of overpayment will continue to burden families during these challenging economic times.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared February 3, 2010 and modified February 8, 2010.

CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES

SUBCHAPTER 5. OPERATIONAL POLICIES

PART 37. RECOVERY

340:25-5-312. Overpayment rules and procedures

(a) Overpayment recipient.A custodial person, noncustodial parent, or other entity to whom the Oklahoma Child Support Enforcement Division Services (CSED OCSS) has made an overpayment is an overpayment recipient and owes the amount of the overpayment to CSED OCSS, acting on behalf of the State of Oklahoma.

(b) Fraud.If an overpayment may have resulted in whole or in part from false or misleading statements, concealed information, willful misrepresentation, or if fraud is otherwise suspected, CSED OCSS reports the information to the Oklahoma Department of Human Services (OKDHS) Office of Inspector General (OIG) for appropriate action.Action may include, but is not limited to, investigation and criminal prosecution.¢ 1 through 4

(c) Recovery amount.CSED OCSS retains 50 25 percent of monthly current support payments collected for the recipient and retains the total amount of any arrearage payments collected at any time, in order to recover any type of overpayment until the overpayment is recovered in full.CSED OCSS does not reduce the recovery amount at the recipient's request.

(d) Notice.CSED OCSS sends a notice of overpayment and recovery to the recipient of the overpayment.The notice includes:

(1) a statement that the recipient received money to which the recipient was not entitled and owes money to CSED OCSS;

(2) the amount of the overpayment;

(3) the method of withholding from monthly payments until the overpayment is recovered in full;

(4) a statement that CSED OCSS may collect the overpayment through any means permitted by law; and

(5) instructions for requesting in writing an administrative review under OAC 340:25‑5-200.1 within 30 days after the date on the notice of overpayment and recovery letter, if the recipient disagrees with the amount of the overpayment.

(e) Other overpayment recovery methods.CSED OCSS also recovers overpayments, including, but not limited to:

(1) voluntary payments;

(2) state income tax refund intercepts under Section 205.2 of Title 68 of the Oklahoma Statutes; and

(3) lottery prize claims under Section 724.1 of Title 3A of the Oklahoma Statutes.

(f) TANF customers.In active Temporary Assistance for Needy Families (TANF) cases, when a TANF recipient retains child support receipts, CSED OCSS may make a noncooperation referral to the TANF social services specialist.CSED OCSS recovers overpayments from TANF customers through voluntary payments, state income tax refund intercepts, and lottery prize claims.

(g) Administrative review.If an administrative review is requested under OAC 340:25‑5-200.1, the purpose of the review is to provide the recipient an opportunity to offer new or additional information regarding the amount of the overpayment.Upon timely receipt of a written request for an administrative review, the CSED OCSS office conducts the review within 30 days.

INSTRUCTIONS TO STAFF340:25-5-312

1.Child support staff report to the Oklahoma Department of Human Services, Office of Inspector General (OIG), cases in which the overpayment recipient:

(1) has improperly received at least $500;

(2) has had no judgments for recovery of the overpayment;

(3) has had a last incident of fraud no not older than two and one-half years from the date of the fraud report; and

(4) lives in Oklahoma.

2.OIG evaluates a referral involving an out-of-state overpayment recipient on a case-by-case basis.

3.Child support staff report fraud to the OIG on Form 19MP001E, Referral Form, which is found on the InfoNet Forms page under the Multiple Programs category.

4.Child support staff submit a fraud report to OIG which is accompanied by documentation, original documents if available, evidencing the fraud.Child support staff submit original documents if available.

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