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 10-17
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:40-7-3.1 [AMENDED]
OAC 340:40-7-6 [AMENDED]
OAC 340:40-7-8 through 340:40-7-9 [AMENDED]
OAC 340:40-7-11 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 through 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-1 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:40-10-2 through 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 10-17)
SUMMARY:The proposed revisions to Subchapter 3 of Chapter 40 amend the rules to:(1) clarify when a new application is required; and (2) remove specific application form names and numbers.
The proposed revisions to Subchapter 5 of Chapter 40 amend the rules to: (1) remove language allowing approval for care in a child care home in which the client works; (2) remove star status references; and (3) add clarifying language requiring providers to charge all parents for hours subsidy child care is requested.
The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to: (1) change responsibility for approval of the special needs rate; (2) remove instructions for completion of Form 08AD006E, Special Needs Child Care Rate Certification; (3) add additional reasons a new Form 08AD006E must be completed; (4) add the definition for a person acting in the role of spouse; (5) change whose income must be considered to determine child care eligibility; (6) add clarifying language regarding the need factor; (7) remove requirement for a new application for job search approvals; (8) specify when enrichment care may be approved for school age children; (9) add language clarifying the process regarding child support cooperation; (10) add language clarifying types of payments considered as income; (11) add clarifying language specifying self employment income calculations; and (12) add language regarding required client and worker action when the client is not the payee of a child’s Supplemental Security Income (SSI).
The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to: (1) remove language regarding benefit reporter households; (2) change review time frames for most child care households; (3) remove interview requirement for most child care reviews; (4) clarify the process for determining eligibility at review; (5) update language regarding when a new application is required; and (6) add clarifying language.
The proposed revisions to Subchapter 10 of Chapter 40 amend the rules to: (1) add clarifying language regarding swipes and error messages on the Point of Sale (POS) machine; (2) update form numbers; (3) remove outdated language; and (4) update language to current terminology.
The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) remove specific star status reference; (2) clarify the contract denial process; (3) include additional changes that must be reported; (4) clarify when a new contract is not required; (5) rearrange language for clarity; (6) remove a requirement for child care liaisons; (7) add new contract violations; and (8) remove the requirement of initiating contract cancellations by certified mail.
340:40-3-1 is amended to: (1) remove the rule that a new application must be completed following an approval for child care to job search or when expedited eligibility processing is used; (2) refer to specific policy for handling denied applications; and (3) remove references to specific application form names.Instructions to staff (ITS) is amended to: (1) remove outdated language; and (2) clarify when an exception may be granted for a child to be approved for care in a child care home in which the client works.
340:40-5-1 is amended to: (1) remove language allowing approval for care in a child care home in which the client works from rules; (2) remove specific star status references; and (3) add clarifying language requiring a provider to charge all parents for hours subsidy child care is requested.ITS is amended to:(1) remove outdated language; and (2) clarify when an exception may be granted for a child to be approved for care in a child care home in which the client works.
340:40-7-1 ITS is amended to clarify that a child cannot be predetermined eligible with a zero co-payment based on receipt of Supplemental Security Income (SSI) unless the child receives at least a one dollar SSI payment.
340:40-7-3.1 is amended to: (1) change responsibility for determining and approving the special needs rate from the worker to the Family Support Services Division (FSSD) Child Care Subsidy Section staff for Family Support Services (FSS) cases; (2) clarify Child Welfare (CW) responsibility; (3) remove instructions for how to complete Form 08AD006E, Special Needs Child Care Rate Certification; and (4) add two new reasons a new Form 08AD006E must be completed.ITS is amended to: (1) add new language regarding how the special needs rate is now approved and who is responsible for which parts of the approval process; and (2) remove outdated language regarding the process and instructions contained on forms.
340:40-7-6 is amended to: (1) add definition for a person acting in the role of spouse; and (2) change whose income must be considered to determine child care eligibility.ITS is amended to: (1) remove language now in rules; and (2) add language requiring workers to document in case notes why the client’s statement regarding relationship is questionable and verification is requested.
340:40-7-8 is amended to: (1) add language to clarify that need factor requirements are for single and two-parent households; (2) remove the requirement for a new application when job search approvals are made and client reports a new job within the 30 calendar day time frame; and (3) specify when enrichment child care may be approved for a school age child.ITS is amended to: (1) remove outdated language and add new language regarding authorizing child care for job search; (2) add policy cite for reviews; and (3) add documentation required when an exception is requested for enrichment child care.
340:40-7-9 is amended to: (1) clarify that a client must verify cooperation with Oklahoma Child Support Services (OCSS) when the non-cooperation occurred within 90 calendar days of the denial or closure of benefits; (2) add language allowing approval of benefits without a new application following a denial if the client cooperates within 30 days of that denial; (3) add that if non-cooperation occurred more than 90 days prior to an application, benefits may be approved when the client agrees to cooperate; and (4) separate denials and closures for failure to cooperate.ITS is amended to add that workers consider the child’s full SSI income rather than close benefits when the client is not the payee of the SSI income and fails to take action to become the payee within 90 calendar days.
340:40-7-11 is amended to: (1) add language when temporary disability insurance payments and temporary worker’s compensation payments are considered as earned income; (2) clarify that Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ) and Basic Allowance for Housing (BAH) are countable wages for military personnel; (3) add language specifying the federal tax return, when filed, is used to calculate self-employment income; (4) add language to consider the child’s full SSI benefits when the client is not the payee and fails to take action to become the payee within 90 calendar days.ITS is amended to: (1) remove information on calculating self employment income that is now in the rule; and (2) add clarifying language for verification that can be required.
340:40-9-1 is amended to: (1) remove language regarding benefit reporter households; (2) change the review time frame from 12 months to six months for all households except when the child receives Temporary Assistance for Needy Families (TANF) or a State Supplemental Payment (SSP); (3) remove the interview requirement at review with the exception of benefits approved for a protective or preventive need; and (4) clarify the process for determining eligibility at review.ITS is amended to: (1) remove language regarding the benefit reporting process; (2) add methods the client may use to complete the review which include using OKDHSLive; (3) clarify that an electronic signature is considered the same as a pen and ink signature; (4) clarify that the child care review is completed in conjunction with the TANF or SSP review, when applicable; and (5) clarify what the worker must do to complete the review, when the review is incomplete, and when benefits may be reopened following closure.
340:40-9-2 is amended to: (1) remove references to reporter status; (2) clarify the time frame workers have to take action on changes; (3) remove language that a new application is required when expedited processing is used or child care for job search is approved; and (4) add clarifying language that the client must reapply when child care benefits have been closed more than 30 calendar days or in some instances when an adopted child turns six years of age.ITS is amended to: (1) clarify that a client does not need to come into the office to report changes; and (2) add that Form 10EB004E, Report of EBT Child Care Payment Adjustments, is completed when a reopen action is entered more than ten calendar days from the closure date when the client has been swiping attendance.
340:40-10-1 ITS is amended to refer to the FSSD Child Care Subsidy Section web page for instructions on using the EPPIC system.
340:40-10-2 is amended to: (1) clarify the error messages the client may receive on the POS machine that require the client to immediately contact his or her worker; and (2) remove outdated language regarding the application form.ITS is amended to: (1) clarify the difference between pending messages and pending different provider messages; (2) clarify the process for correcting attendance after receiving a pending or denied message; and (3) refer to the FSSD Child Care Subsidy Section web page for instructions on using the EPPIC system.
340:40-10-3 is amended to update form numbers.
340:40-10-4 is amended to: (1) remove military bases as child care providers without POS machines; and (2) add the Electronic Payment Systems (EPS) Unit name.ITS is amended to: (1) clarify that providers can print copies of Form 10AD121E, Child Care Claim, from the Provider Web; (2) add the EPS Unit name; (3) clarify the process for providers to void transactions; (4) clarify the process the EPS unit uses for manual adjustments; and (5) change the name of the Systems Unit to the Application Development and Operations Section.
340:40-13-5 is amended to: (1) remove specific star status references; (2) remove the requirement to return the original contract to a provider when the contract is denied; (3) add new reporting requirements for providers; (4) remove requirement to complete a new contract when the facility status changes from a home to a center or a center to a home; (5) change in ownership procedures for a child care home; (6) remove requirement for child care liaisons to advise providers who are violating their contracts to cease the activity immediately as this will be handled by FSSD Child Care Subsidy Section staff; (7) add contract violations relating to providers claiming payment for care when they receive federal funding for that care, claiming payment for care given by a home provider for an employee’s child, failing to allow full access to the facility for a complaint investigation, and operating over licensed capacity and rearranging other violations for clarity; and (8) removing the requirementof initiating contract cancellations by certified mail.ITS is amended to: (1) allow FSSD Child Care Subsidy Section staff to initiate a corrective action plan for providers who have violated the contract; (2) change which entities receive emails regarding contract cancellations; (3) remove contract violations and refer to the violations listed in the rule; and (4) add that a contract may be cancelled when a provider shows a history of non-compliance with OKDHS policies and procedures.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Parts 98 and 99 of Title 45 of the Code of Federal Regulations (CFR).
Rule Impact Statement
To:Dena Thayer, Programs administrator
Office of Intergovernmental Relations and Policy
From:Mary Stalnaker, Director
Family Support Services Division
Date:November 12, 2010
Re:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-3.1 [AMENDED]
OAC 340:40-7-6 [AMENDED]
OAC 340:40-7-8 through 340:40-7-9 [AMENDED]
OAC 340:40-7-11 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 through 340:40-9-2 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-2 through 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 10-17)
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:(1) clarify when a new application is required; and (2) remove specific application form names and numbers.
The proposed revisions to Subchapter 5 of Chapter 40 amend the rules to: (1) remove language allowing approval for care in a child care home in which the client works; (2) remove star status references; and (3) add clarifying language requiring providers to charge all parents for hours subsidy child care is requested.
The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to: (1) change responsibility for approval of the special needs rate; (2) remove instructions for completion of Form 08AD006E, Special Needs Child Care Rate Certification; (3) add additional reasons a new Form 08AD006E must be completed; (4) add the definition for a person acting in the role of spouse; (5) change whose income must be considered to determine child care eligibility; (6) add clarifying language regarding the need factor; (7) remove requirement for a new application for job search approvals; (8) specify when enrichment care may be approved for school age children; (9) add language clarifying the process regarding child support cooperation; (10) add language clarifying types of payments considered as income; (11) add clarifying language specifying self employment income calculations; and (12) add language regarding required client and worker action when the client is not the payee of a child’s Supplemental Security Income (SSI).
The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to: (1) remove language regarding benefit reporter households; (2) change review time frames for most child care households; (3) remove interview requirement for most child care reviews; (4) clarify the process for determining eligibility at review; (5) update language regarding when a new application is required; and (6) add clarifying language.
The proposed revisions to Subchapter 10 of Chapter 40 amend the rules to: (1) add clarifying language regarding swipes and error messages on the Point of Sale (POS) machine; (2) update form numbers; (3) remove outdated language; and (4) update language to current terminology.
The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) remove specific star status reference; (2) clarify the contract denial process; (3) include additional changes that must be reported; (4) clarify when a new contract is not required; (5) rearrange language for clarity; (6) remove a requirement for child care liaisons; (7) add new contract violations; and (8) remove the requirement of initiating contract cancellations by certified mail.
Strategic Plan impact.The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by assisting clients in becoming independent, employed, and productive citizens, and continuing system and process improvements.
Substantive changes.
340:40-3-1 is amended to: (1) remove the rule that a new application must be completed following an approval for child care to job search or when expedited eligibility processing is used; (2) refer to specific policy for handling denied applications; and (3) remove references to specific application form names.
340:40-5-1 is amended to: (1) remove language allowing approval for care in a child care home in which the client works from rules; (2) remove specific star status references; and (3) add clarifying language requiring a provider to charge all parents for hours subsidy child care is requested.
340:40-7-3.1 is amended to: (1) change responsibility for determining and approving the special needs rate from the worker to the Family Support Services Division (FSSD) Child Care Subsidy Section staff for Family Support Services (FSS) cases; (2) clarify Child Welfare (CW) responsibility; (3) remove instructions for how to complete Form 08AD006E, Special Needs Child Care Rate Certification; and (4) add two new reasons a new Form 08AD006E must be completed.
340:40-7-6 is amended to: (1) add definition for a person acting in the role of spouse; and (2) change whose income must be considered to determine child care eligibility.
340:40-7-8 is amended to: (1) add language to clarify that need factor requirements are for single and two-parent households; (2) remove the requirement for a new application when job search approvals are made and client reports a new job within the 30 calendar day time frame; and (3) specify when enrichment child care may be approved for a school age child.
340:40-7-9 is amended to: (1) clarify that a client must verify cooperation with Oklahoma Child Support Services (OCSS) when the non-cooperation occurred within 90 calendar days of the denial or closure of benefits; (2) add language allowing approval of benefits without a new application following a denial if the client cooperates within 30 days of that denial; (3) add that if non-cooperation occurred more than 90 days prior to an application, benefits may be approved when the client agrees to cooperate; and (4) separate denials and closures for failure to cooperate.
340:40-7-11 is amended to: (1) add language when temporary disability insurance payments and temporary worker’s compensation payments are considered as earned income; (2) clarify that Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ) and Basic Allowance for Housing (BAH) are countable wages for military personnel; (3) add language specifying the federal tax return, when filed, is used to calculate self-employment income; (4) add language to consider the child’s full SSI benefits when the client is not the payee and fails to take action to become the payee within 90 calendar days.
340:40-9-1 is amended to: (1) remove language regarding benefit reporter households; (2) change the review time frame from 12 months to six months for all households except when the child receives Temporary Assistance for Needy Families (TANF) or a State Supplemental Payment (SSP); (3) remove the interview requirement at review with the exception of benefits approved for a protective or preventive need; and (4) clarify the process for determining eligibility at review.
340:40-9-2 is amended to: (1) remove references to reporter status; (2) clarify the time frame workers have to take action on changes; (3) remove language that a new application is required when expedited processing is used or child care for job search is approved; and (4) add clarifying language that the client must reapply when child care benefits have been closed more than 30 calendar days or in some instances when an adopted child turns six.
340:40-10-2 is amended to: (1) clarify the error messages the client may receive on the POS machine that require the client to immediately contact his or her worker; and (2) remove outdated language regarding the application form.
OAC 340:40-10-3 is amended to update form numbers.
340:40-10-4 is amended to: (1) remove military bases as child care providers without POS machines; and (2) add the Electronic Payment Systems (EPS) Unit name.
340:40-13-5 is amended to: (1) remove specific star status references; (2) remove the requirement to return the original contract to a provider when the contract is denied; (3) add new reporting requirements for providers; (4) remove requirement to complete a new contract when the facility status changes from a home to a center or a center to a home; (5) change in ownership procedures for a child care home; (6) remove requirement for child care liaisons to advise providers who are violating their contracts to cease the activity immediately as this will be handled by FSSD Child Care Subsidy Section staff; (7) add contract violations relating to providers claiming payment for care when they receive federal funding for that care, claiming payment for care given by a home provider for an employee’s child, failing to allow full access to the facility for a complaint investigation, and operating over licensed capacity and rearranging other violations for clarity; and (8) removing the requirementof initiating contract cancellations by certified mail.
Reasons.The reasons for the proposed amendments are to:provide clear and concise rules for OKDHS staff, clients and child care providers to ensure benefits are correctly issued; provide smoother transitions and ease for the clients by removing the requirement for a new application when job search benefits are approved and removing the interview requirement at review for most child care households; ensure a more seamless approach by shifting the special needs responsibilities to FSSD Child Care Subsidy Section staff; and clarify the contracting process for providers and staff; and to ensure decisions on contracts may be expedited with as few payment gaps as possible.
Repercussions. If the proposed amendments are not implemented, changes to ease requirements for clients and staff will not occur; staff may not properly process and maintain cases which could cause improper approval, denial, or closure of benefits or errors if audited; and Child care contract applications, changes, and violations may not be processed or handled properly.
Legal authority.Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Parts 98 and 99 of Title 45 of the Code of Federal Regulations (CFR).
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 entitiesThe classes of persons most likely to be affected by the proposed rules are the clients receiving subsidized child care 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 subsidized child care benefits administered by FSSD, 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 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, which is estimated to be less than $20. The amended rules will result in enhanced delivery of services topositively impact clients, 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 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 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 the 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 clarify language that facilitates the delivery of benefits and services to persons who are in need.
- The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 15, 2010. Modified December 14, 2010.
