COMMENT DUE DATE:
February 1, 2011
DATE:
January 19, 2011
Laura Brown FSSD (405) 521-4396
Dena Thayer OIRP Programs Administrator (405) 521-4326
Pat McCracken OIRP (405) 522-1017
RE:
APA WF 10-16
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 340:50-3-2 [AMENDED]
Subchapter 5. Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-3 [AMENDED]
OAC 340:50-5-6 [AMENDED]
OAC 340:50-5-8.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-28 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-48 through 340:50-5-49 [AMENDED]
OAC 340:50-5-67 through 340:50-5-68 [AMENDED]
Part 9. Work Registration
OAC 340:5-88 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-1 [AMENDED]
OAC 340:50-7-2 through 340:50-7-5 [REVOKED]
Part 3. Income
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 through 340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
OAC 340:50-9-5 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-1 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:50-11-5 [AMENDED]
Part 7. Replacement When Food Purchased With Food Benefits Is Destroyed
OAC 340:50-11-64 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 through 340:11-113 [AMENDED]
OAC 340:50-11-115 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 3. Fraud
OAC 340:50-15-25 [AMENDED]
(Reference APA WF 10-16)
SUMMARY:The proposed revisions to Subchapter 3 of Chapter 50 amend the rules to: (1) waive recertification interviews for households where all adults are elderly or disabled and there is no earned income; (2) add language to allow certain households that appear eligible for expedited services to be certified for one or two months prior to the required interview and requirements to complete the interview before further benefits can be approved; and (3) remove worker responsibility to inquire about resources.
The proposed revisions to Subchapter 5 of Chapter 50 amend the rules to: (1) remove language regarding resources for all households except sponsored alien households as they are no longer a factor of eligibility; (2) remove incorrect language regarding residents of shelters for battered women and children; (3) add information about deductions from income; (4) add clarifying language; and (5) restructuring information for greater readability.
The proposed revisions to Subchapter 7 of Chapter 50 amend the rules to: (1) remove resources as an eligibility factor; (2) clarify that liquid resources are considered for expedited processing; (3) clarify what military pay is countable; (4) add language that self-employment losses cannot offset other household income; (5) add clarifying language regarding temporary disability and worker compensation, how to determine monthly income from certain unearned income sources, and the medical expense deduction; (6) add information regarding consideration of income for household members absent from the home, in foster care, and receiving adoption subsidy payments; and (7) correct language regarding child care expenses.
The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to: (1) remove language regarding resources; (2) add information regarding reopening benefits; and (3) change information regarding benefit reviews.
The proposed revisions to Subchapter 11 of Chapter 50 amend the rules to: (1) add a new requirement prior to restoration of benefits because of a natural disaster; (2) remove language that liquid resources must be verified; (3) add language regarding when postponed interviews must be scheduled; and (4) change language regarding which households can and cannot be considered categorically needy.
The proposed revisions to Subchapter 15 of Chapter 50 amend the rules to remove language regarding resources.
340:50-3-2 is amended to: (1) add language that recertification interviews may be waived for households where all household members are elderly or disabled and have no earned income; (2) add language regarding when interviews may be postponed for households eligible for expedited services who cannot be contacted to complete the interview at the time of application, time frames for setting the interview, and when the postponed interview must be completed to avoid a break in benefits; and (3) remove worker responsibility to inquire about resources.
340:50-5-3 is amended to add language to clarify what "under parental control" and "emancipated minor" means.
340:50-5-6 is amended to: (1) remove language regarding resources; and (2) restructuring information for better readability.
340:50-5-8.1, 340:50-5-68, 340:50-5-88, and 340:50-15-25 are amended to remove language regarding resources.
340:50-5-28 is amended to: (1) remove incorrect language regarding which residents of shelters qualify for food benefits; (2) remove language regarding resources; and (3) add clarifying language.
340:50-5-48 is amended to: (1) remove language regarding resources; (2) add information about deductions from income; and (3) restructure information for greater readability.
340:50-5-49 is amended to: (1) add more information about resources; and (2) add clarifying language.
340:50-5-67 is amended to clarify the authority for this policy.Instructions to staff (ITS) is revised to remove language regarding resources.
340:50-7-1 is amended to: (1) remove resources as an eligibility factor for all households except sponsored alien households; and (2) clarify that liquid resources are considered for expedited processing.
340:50-7-2 through 340:50-7-5 are revoked as resources are no longer considered as an eligibility factor.
340:50-7-22 is amended to amended to remove language regarding resources.ITS is added to explain how to determine countable income when disbursements over $2,000 per year are made to individual Indians.
340:50-7-29 is amended to: (1) clarify that countable military pay includes Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ), and Basic Allowance for Housing (BAH); (2) clarify when temporary disability insurance and worker's compensation payments are considered earned income; (3) add information regarding consideration of income for household members absent from the home, in foster care, and receiving adoption subsidy payments; (4) clarify language regarding how to determine monthly income from grants, dividends, royalty, and interest income; and (4) other clarifying language.ITS is added to clarify: (1) child support income that is diverted without court order to pay household expenses is countable income; and (2) cash medical payments are considered income if the child is not receiving medical assistance.
340:50-7-30 is amended to add: (1) language explaining that farm loss or other self-employment business losses cannot be used to offset income for other income the household may have; and (2) clarifying language.
340:50-7-31 is amended to: (1) include dental insurance premiums as a medical deduction; (2) correct language regarding when to verify child care expenses; and (3) add clarification regarding costs not allowed as medical expenses.ITS is added to: (1) include an additional example of medical expenses which can be used as a deduction; and (2) include language regarding when households may be allowed shelter deductions for two residences.
340:50-9-1 is amended to remove: (1) language regarding resources; and (2) a form name and number.ITS is revised to update a form name and number.
340:50-9-5 is amended to: (1) remove language regarding resources; (2) add information regarding when benefits can be reopened back to the first of the month or prorated back to the date the review is complete; and (3) change information regarding benefit reviews to remove the specific form used for review from rules, add notification information, reorder and clarify information for better understanding.ITS is revised to: (1) include coding information when food benefits are reopened; (2) add the methods the household may use to complete the review; and (3) clarify the review process.
340:50-11-1 ITS is revised to: (1) clarify the liquid resource limit for households eligible for expedited services; and (2) remove language that households disqualified for an intentional program violation are not categorically eligible for food benefits.
340:50-11-5 is amended to: (1) remove language that liquid resources must be verified; (2) add language regarding when postponed interviews must be scheduled and requirements when the household does not complete the interview timely; and (3) add clarifying language regarding time limits for providing postponed verification.
340:50-11-64 is amended to add language requiring the household to sign Form 08FB0012E, Request for Destroyed Food Replacement, prior to replacing benefits lost due to a natural disaster.
340:50-11-111 is amended to remove language exempting households disqualified for an intentional program violation from being categorically eligible.ITS is revised to remove language regarding resources.
340:50-11-112 is amended to: (1) remove language regarding households disqualified for an intentional program violation; and (2) add language regarding ineligible households.
340:50-11-113 is amended to: (1) remove language exempting households disqualified for an intentional program violation from being categorically eligible; and (2) remove language regarding resources.
340:50-11-115 is amended to remove language exempting households disqualified for an intentional program violation from being categorically eligible.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; the Food and Nutrition Act of 2008; waivers received affect federal regulations at Section 272.3 of Title 7 of the Code of Federal Regulations (CFR), 7 CFR 273.12, 7 CFR 273.14, 7 CFR 273.2, and 7 CFR 273.8; and Chapter 4 of Title 10 of the Oklahoma Statutes.
Rule Impact Statement
To:Dena Thayer, Programs administrator
Office of Intergovernmental Relations and Policy
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 15, 2010
Re:CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-2 [AMENDED]
Subchapter 5. Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-3 [AMENDED]
OAC 340:50-5-6 [AMENDED]
OAC 340:50-5-8.1 [AMENDED]
Part 3. Special Households
OAC 340:50-5-28 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-48 through 340:50-5-49 [AMENDED]
OAC 340:50-5-67 through 340:50-5-68 [AMENDED]
Part 9. Work Registration
OAC 340:5-88 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-1 [AMENDED]
OAC 340:50-7-2 through 340:50-7-5 [REVOKED]
Part 3. Income
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 through 340:50-7-31 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
OAC 340:50-9-5 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled to Expedited Service
OAC 340:50-11-5 [AMENDED]
Part 7. Replacement When Food Purchased With Food Benefits Is Destroyed
OAC 340:50-11-64 [AMENDED]
Part 12. Categorically Eligible Households
OAC 340:50-11-111 through 340:11-113 [AMENDED]
OAC 340:50-11-115 [AMENDED]
Subchapter 15. Overpayments and Fraud
Part 3. Fraud
OAC 340:50-15-25 [AMENDED]
(Reference APA WF 10-16)
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 50 amend the rules to: (1) waive recertification interviews for households where all adults are elderly or disabled and there is no earned income; (2) add language to allow certain households that appear eligible for expedited services to be certified for one or two months prior to the required interview and requirements to complete the interview before further benefits can be approved; and (3) remove worker responsibility to inquire about resources.
The proposed revisions to Subchapter 5 of Chapter 50 amend the rules to: (1) remove language regarding resources for all households except sponsored alien households as they are no longer a factor of eligibility; (2) remove incorrect language regarding residents of shelters for battered women and children; (3) add information about deductions from income; (4) add clarifying language; and (5) restructuring information for greater readability.
The proposed revisions to Subchapter 7 of Chapter 50 amend the rules to: (1) remove resources as an eligibility factor; (2) clarify that liquid resources are considered for expedited processing; (3) clarify what military pay is countable; (4) add language that self-employment losses cannot offset other household income; (5) add clarifying language regarding temporary disability and worker compensation, how to determine monthly income from certain unearned income sources, and the medical expense deduction; (6) add information regarding consideration of income for household members absent from the home, in foster care, and receiving adoption subsidy payments; and (7) correct language regarding child care expenses.
The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to: (1) remove language regarding resources; (2) add information regarding reopening benefits; and (3) change information regarding benefit reviews.
The proposed revisions to Subchapter 11 of Chapter 50 amend the rules to: (1) add a new requirement prior to restoration of benefits because of a natural disaster; (2) remove language that liquid resources must be verified; (3) add language regarding when postponed interviews must be scheduled; and (4) change language regarding which households can and cannot be considered categorically needy.
The proposed revisions to Subchapter 15 of Chapter 50 amend the rules to remove language regarding resources.
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 amended to: (1) add language that recertification interviews may be waived for households where all household members are elderly or disabled and have no earned income; (2) add language regarding when interviews may be postponed for households eligible for expedited services who cannot be contacted to complete the interview at the time of application, time frames for setting the interview, and when the postponed interview must be completed to avoid a break in benefits; and (3) remove worker responsibility to inquire about resources.
340:50-5-3 is amended to add language to clarify what "under parental control" and "emancipated minor" means.
340:50-5-6 is amended to: (1) remove language regarding resources; and (2) restructuring information for better readability.
340:50-5-8.1, 340:50-5-68, 340:50-5-88, 340:50-7-22, and 340:50-15-25 are amended to remove language regarding resources.
340:50-5-28 is amended to: (1) remove incorrect language regarding which residents of shelters qualify for food benefits; (2) remove language regarding resources; and (3) add clarifying language.
340:50-5-48 is amended to: (1) remove language regarding resources; (2) add information about deductions from income; and (3) restructure information for greater readability.
340:50-5-49 is amended to: (1) add more information about resources; and (2) add clarifying language.
340:50-5-67 is amended to clarify the authority for this policy.
340:50-7-1 is amended to: (1) remove resources as an eligibility factor for all households except sponsored alien households; and (2) clarify that liquid resources are considered for expedited processing.
340:50-7-2 through 340:50-7-5 are revoked as resources are no longer considered as an eligibility factor.
340:50-7-29 is amended to: (1) clarify that countable military pay includes Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ), and Basic Allowance for Housing (BAH); (2) clarify when temporary disability insurance and worker's compensation payments are considered earned income; (3) add information regarding consideration of income for household members absent from the home, in foster care, and receiving adoption subsidy payments; (4) clarify language regarding how to determine monthly income from grants, dividends, royalty, and interest income; and (4) other clarifying language.
340:50-7-30 is amended to add: (1) language explaining that farm loss or other self-employment business losses cannot be used to offset income for other income the household may have; and (2) clarifying language.
340:50-7-31 is amended to: (1) include dental insurance premiums as a medical deduction; (2) correct language regarding when to verify child care expenses; and (3) add clarification regarding costs not allowed as medical expenses.
340:50-9-1 is amended to remove: (1) language regarding resources; and (2) a form name and number.
340:50-9-5 is amended to: (1) remove language regarding resources; (2) add information regarding when benefits can be reopened back to the first of the month or prorated back to the date the review is complete; and (3) change information regarding benefit reviews to remove the specific form used for review from rules, add notification information, reorder and clarify information for better understanding.
340:50-11-5 is amended to: (1) remove language that liquid resources must be verified; (2) add language regarding when postponed interviews must be scheduled and requirements when the household does not complete the interview timely; and (3) add clarifying language regarding time limits for providing postponed verification.
340:50-11-64 is amended to add language requiring the household to sign Form 08FB0012E, Request for Destroyed Food Replacement, prior to replacing benefits lost due to a natural disaster.
340:50-11-111 is amended to remove language exempting households disqualified for an intentional program violation from being categorically eligible.
340:50-11-112 is amended to: (1) remove language regarding households disqualified for an intentional program violation; and (2) add language regarding ineligible households.
340:50-11-113 is amended to: (1) remove language exempting households disqualified for an intentional program violation from being categorically eligible; and (2) remove language regarding resources.
340:50-11-115 is amended to remove language exempting households disqualified for an intentional program violation from being categorically eligible.
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.
The Supplemental Nutrition Assistance Program (SNAP) Section recently received three waivers.The first waiver exempts households in which all adult members are elderly or disabled and there is no earned income from a recertification interview.The second waiver allows the interview to be postponed for households determined expedited eligible who have mailed, faxed, or dropped off an application for SNAP and cannot be contacted for an interview within the mandated seven day time frame for expedited services, allowing households to receive benefits more quickly and interviewed at a more convenient time for the household.The third waiver allows households whose benefits have closed due to an incomplete review to be reopened and prorated rather than requiring a new application when eligibility can be determined within the month following closure, making it easier for households to receive food benefits and reducing the number of applications that must be completed by human services center staff.
Resources were removed as an eligibility factor for most food benefit households two years ago.The SNAP Section recently received guidance that all food benefit households can be considered categorically eligible and exempt from resource consideration except for sponsored alien households.Liquid resources are still considered in determining expedited eligibility.Removing this eligibility factor makes it easier for staff to correctly approve benefits.
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.Disapproval of rules will also require elderly and disabled households to continue to be interviewed at recertification which may reduce participation in SNAP for this population.Disapproval will also delay approval of expedited services for some households and require more applications be completed which is a burden on food benefit households and staff.
Legal authority.Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; the Food and Nutrition Act of 2008; waivers received affect federal regulations at Section 272.3 of Title 7 of the Code of Federal Regulations (CFR), 7 CFR 273.12, 7 CFR 273.14, 7 CFR 273.2, and 7 CFR 273.8; and Chapter 4 of Title 10 of the Oklahoma Statutes.
Permanent approval.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 affected by the proposed rules are SNAP households and OKDHS staff. The affected classes 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 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 fee change:The amended rules do not have an economic impact on the affected entities. There are no fee changes associated with the amended 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, estimated less than $20. The amended 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, or require the cooperation of any political subdivisions 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 nonregulatory 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 withrecent federal interpretation to allow all but sponsored alien households to be exempt from resource requirements which may increase participation in the program.Implementation of the waiver to no longer require an interview at recertification for certain elderly and disabled households may remove a barrier to participation for some households.Implementation of the waiver to postpone interviews for certain households eligible for expedited services allow households with food security needs to receive benefits more quickly.Implementation of the waiver to reopen and prorate benefits rather than require a new application will allow eligible households to participate in SNAP more quickly.These changes 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 comply with current federal interpretation of resource requirements, possible barriers to participation will not be removed, staff will not be relieved of processing some applications which may delay benefits to households and cause benefits not to be processed correctly.If the proposed rules are not implemented, it may reduce participation in SNAP as households may not be able to timely comply with interview requirements and may experience food insecurity issues.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 15, 2010.Modified December14, 2010.
