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 10-18
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 1. General Provisions
OAC 340:65-1-3 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-1 through 340:65-3-2.1 [AMENDED]
OAC 340:65-3-4 through 340:65-3-6 [AMENDED]
OAC 340:65-3-8 through 340:65-3-9 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-1 [AMENDED]
OAC 340:65-5-3 [AMENDED]
OAC 340:65-5-4 through 340:65-5-6 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 9. Overpayments and Fraud in Temporary Assistance for Needy Families and State Supplemental Payment Benefits
OAC 340:65-9-1 through 340:65-9-2 [AMENDED]
OAC 340:65-9-4 through 340:65-9-6 [AMENDED]
OAC 340:65-9-8 [AMENDED]
(Reference APA WF 10-18)
SUMMARY:The proposed revisions to Subchapter 3 of Chapter 65 amend the rules to: (1) update information about the application process that includes filing requirements, online applications, removing specific forms used, clarifying verbal requests, adding and revising information about time frames and worker responsibility to determine receipt of out-of-state benefits before certification; (2) add information about the Oklahoma Health Care Authority (OHCA) Online Enrollment which includes removing certification information for the SoonerCare (Medicaid) populations in Online Enrollment; (3) add information for the Low Income Home Energy Assistance Program (LIHEAP) regarding Social Security number (SSN) requirement, who can be payee for the benefit, and use of the Systematic Alien Verification for Entitlement (SAVE) system; (4) add requirement to close the State Supplemental Payment (SSP) when the client does not pin the debit card within 90 calendar days; (5) update information about reviews that includes changing the time frame for subsidized child care, removing the interview requirement for most subsidized child care reviews and food benefit recertifications for elderly and disabled households with no earned income, revising notification information, adding information about eligibility determinations, and reordering information for greater readability; (6) update information regarding birth verification; and (7) add clarifying information regarding data exchange, notices, and for readability and understanding.
The proposed revisions to Subchapter 5 of Chapter 65 amend the rules to: (1) update information about benefit changes for all programs; (2) add two reasons advance notice is not required; (3) add clarifying information; and (4) update language to current terminology.
The proposed revisions to Subchapter 9 of Chapter 65 amend the rules to: (1) update information regarding overpayments for the Temporary Assistance to Needy Families (TANF) and SSP programs including deductions allowed, the length of time for which the Oklahoma Department of Human Services (OKDHS) may determine overpayments, and when OKDHS does not initiate collection efforts and (2) update language and forms to current terminology.
340:65-1-3 Instructions to staff (ITS) is revised to: (1) add information about OKDHSLive; and (2) remove outdated information about imaging and the Address Confidentiality Program.
340:65-3-1 is amended to: (1) update information regarding applications; (2) add information about the SoonerCare (Medicaid) population now in the Online Enrollment; (3) add information that when a client has lived in Oklahoma less than 12 months, the worker must determine whether the client is receiving benefits in the other state; and (4) add LIHEAP to the programs requiring a SSN for all household members included in the benefit.ITS is revised to: (1) add information about the methods applicants can use to apply for benefits that includes applying online using OKDHSLive; (2) clarify that an electronic signature is acceptable; (3) add information clarifying how to complete Form 08AD092E, Client Contact and Information Request; (4) add information about the Statewide Helpline Card; (5) clarify that Form 08MP022E, Declaration of Citizenship Status, is not required when adding persons to benefits using OKDHSLive; (6) add information regarding postponed interviews for food benefit households eligible for expedited services; and (7) add clarifying information.
340:65-3-2 is amended to: (1) update language regarding the application process which includes online applications, verbal requests, and Online Enrollment; (2) add information about who can be a payee for LIHEAP; and (3) add clarifying information.ITS is revised to: (1) add information regarding an electronic signature; (2) describe what is considered a hardship in filing a signed application for food benefits; and (3) clarifying when the payee on a case is changed.
340:65-3-2.1 is amended to add: (1) information about timeframes for providing verification, scheduling interviews, and application time limits; and (2) clarifying information.
340:65-3-4 is amended to: (1) add clarifying information regarding data exchange; (2) add LIHEAP to programs using SAVE; (3) update information about birth verification; and (4) add clarifying information.ITS is revised to: (1) update information about the Address Confidentiality Program; (2) add the availability of the Statewide Helpline Numbers publication; and (3) add clarifying information about what to do when a collateral contact requests anonymity.
340:65-3-5 is amended to: (1) add clarifying information about notices; (2) add expedited service time frame for food benefits; (3) remove application processing time frame for SoonerCare (Medicaid) population in Online Enrollment; and (4) change application time frame for LIHEAP.ITS is updated to add the form used to advise clients of a delay in processing the application.
340:65-3-6 is amended to state that SSP benefits will close but TANF benefits will not close when the client does not pin the debit card within 90 days.ITS is revised to add clarifying information about debit cards.
340:65-3-8 is amended to: (1) change the review time frame for subsidized child care benefits from 12 months to six months except for recipients receiving TANF or SSP; (2) remove forms used for review from rules; (3) add notification information; (4) remove interview requirement for most subsidized child care reviews and food benefit recertifications for elderly or disabled households without earned income; (5) add information about eligibility determinations at review or recertification; and (6) reorder information for greater readability.ITS is revised to: (1) remove benefit review information; (2) add methods a client may use to complete a review, including OKDHSLive; (3) add information about an electronic signature; and (4) add clarifying information about conducting interviews.
340:65-3-9 is amended to add: (1) policy cites; and (2) additional variable conditions of eligibility.
340:65-5-1 is amended to: (1) add types of changes a client must report; (2) add reasons an advanced notice is not required; (3) add clarifying information about advanced notices and when a hearing is requested; and (4) update terminology.ITS is revised to add: (1) comprehensive policy cites and information for case changes; and (2) clarifying information for TANF household composition changes and how changes made affect food benefits.
340:65-5-3 is amended to remove TANF and add continued medical benefits to programs that suspend benefits.
340:65-5-4 ITS is revised to: (1) remove outdated information about mailing benefits; and (2) add clarifying information about suspended benefits.
340:65-5-5 ITS is revised to update language to current terminology.
340:65-5-6 ITS is revised to remove outdated language about child care vouchers.
340:65-9-1 is amended to: (1) differentiate deductions allowed from overpayments for TANF and SSP; (2) update language to current terminology; (3) update forms; and (4) change the length of time for which OKDHS may determine overpayments.ITS is revised to: (1) add information about documentation provided by the Office of Inspector General (OIG); and (2) add information about who determines fraudulent intent for overpayments.
340:65-9-2 is amended to: (1) update language to current terminology; and (2) update forms used for overpayments classified as fraud.
340:65-9-4 through 340:65-9-5, and 340:65-9-8 are amended to update language to current terminology.
340:65-9-6 is amended to: (1) update language to current terminology; and (2) add information that OKDHS does not initiate collection efforts against household members who have filed for bankruptcy.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, and 4 of the Oklahoma Constitution; Sections 161 et seq. of Title 56 of the Oklahoma Statutes; and Section 41.19 of Title 62 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 23, 2010
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-1 through 340:65-3-2.1 [AMENDED]
OAC 340:65-3-4 through 340:65-3-6 [AMENDED]
OAC 340:65-3-8 through 340:65-3-9 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-1 [AMENDED]
OAC 340:65-5-3 [AMENDED]
Subchapter 9. Overpayments and Fraud in Temporary Assistance for Needy Families and State Supplemental Payment Benefits
OAC 340:65-9-1 through 340:65-9-2 [AMENDED]
OAC 340:65-9-4 through 340:65-9-6 [AMENDED]
OAC 340:65-9-8 [AMENDED]
(Reference APA WF 10-18)
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 65 amend the rules to: (1) update information about the application process that includes filing requirements, online applications, removing specific forms used, clarifying verbal requests, adding and revising information about time frames and worker responsibility to determine receipt of out-of-state benefits before certification; (2) add information about the Oklahoma Health Care Authority (OHCA) Online Enrollment which includes removing certification information for the SoonerCare (Medicaid) populations in Online Enrollment; (3) add information for the Low Income Home Energy Assistance Program (LIHEAP) regarding Social Security number (SSN) requirement, who can be payee for the benefit, and use of the Systematic Alien Verification for Entitlement (SAVE) system; (4) add requirement to close the State Supplemental Payment (SSP) when the client does not pin the debit card within 90 calendar days; (5) update information about reviews that includes changing the time frame for subsidized child care, removing the interview requirement for most subsidized child care reviews and food benefit recertifications for elderly and disabled households with no earned income, revising notification information, adding information about eligibility determinations, and reordering information for greater readability; (6) update information regarding birth verification; and (7) add clarifying information regarding data exchange, notices, and for readability and understanding.
The proposed revisions to Subchapter 5 of Chapter 65 amend the rules to: (1) update information about benefit changes for all programs; (2) add two reasons advance notice is not required; (3) add clarifying information; and (4) update language to current terminology.
The proposed revisions to Subchapter 9 of Chapter 65 amend the rules to: (1) update information regarding overpayments for the Temporary Assistance to Needy Families (TANF) and SSP programs including deductions allowed, the length of time for which the Oklahoma Department of Human Services (OKDHS) may determine overpayments, and when OKDHS does not initiate collection efforts and (2) update language and forms to current terminology.
Strategic Plan impact. The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:65-3-1 is amended to: (1) update information regarding applications; (2) add information about the SoonerCare (Medicaid) population now in the Online Enrollment; (3) add information that when a client has lived in Oklahoma less than 12 months, the worker must determine whether the client is receiving benefits in the other state; and (4) add LIHEAP to the programs requiring a SSN for all household members included in the benefit.
340:65-3-2 is amended to: (1) update language regarding the application process which includes online applications, verbal requests, and Online Enrollment; (2) add information about who can be a payee for LIHEAP; and (3) add clarifying information.
340:65-3-2.1 is amended to add: (1) information about timeframes for providing verification, scheduling interviews, and application time limits; and (2) clarifying information.
340:65-3-4 is amended to: (1) add clarifying information regarding data exchange; (2) add LIHEAP to programs using SAVE; (3) update information about birth verification; and (4) add clarifying information.
340:65-3-5 is amended to: (1) add clarifying information about notices; (2) add expedited service time frame for food benefits; (3) remove application processing time frame for SoonerCare (Medicaid) population in Online Enrollment; and (4) change application time frame for LIHEAP.
340:65-3-6 is amended to state that SSP benefits will close but TANF benefits will not close when the client does not pin the debit card within 90 days.
340:65-3-8 is amended to: (1) change the review time frame for subsidized child care benefits from 12 months to six months except for recipients receiving TANF or SSP; (2) remove forms used for review from rules; (3) add notification information; (4) remove interview requirement for most subsidized child care reviews and food benefit recertifications for elderly or disabled households without earned income; (5) add information about eligibility determinations at review or recertification; and (6) reorder information for greater readability.
340:65-3-9 is amended to add: (1) policy cites; and (2) additional variable conditions of eligibility.
340:65-5-1 is amended to: (1) add types of changes a client must report; (2) add reasons an advanced notice is not required; (3) add clarifying information about advanced notices and when a hearing is requested; and (4) update terminology.
340:65-5-3 is amended to remove TANF and add continued medical benefits to programs that suspend benefits.
340:65-9-1 is amended to: (1) differentiate deductions allowed from overpayments for TANF and SSP; (2) update language to current terminology; (3) update forms; and (4) change the length of time for which OKDHS may determine overpayments.
340:65-9-2 is amended to: (1) update language to current terminology; and (2) update forms used for overpayments classified as fraud.
340:65-9-4 through 340:65-9-5, and 340:65-9-8 are amended to update language to current terminology.
340:65-9-6 is amended to: (1) update language to current terminology; and (2) add information that OKDHS does not initiate collection efforts against household members who have filed for bankruptcy.
Reasons. The proposed revisions provide staff with clear, concise, and updated rules reflecting current processes to facilitate the accurate delivery of benefits and services to persons who are in need.
In addition, changes to the application and review process are made to ease interview requirements and allow for online applications and reviews for clients and staff processing record numbers of applications and require faster processing of LIHEAP applications as funding is limited.
The new rule requiring closure of a SSP benefit when the debit card has not been pinned is made to reduce the amount of unused benefits OKDHS must count toward its obligation to comply with a federal mandate not to decrease funds spent on the program each year.
Repercussions. If the proposed amendments are not implemented, it could hinder staff's ability to issue benefits as efficiently and effectively as possible.
Legal authority.Commission for Human Services, Article XXV, Sections 2, and 4 of the Oklahoma Constitution; Sections 161 et seq. of Title 56 of the Oklahoma Statutes; and Section 41.19 of Title 62 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 to be affected by the proposed rules are clients receiving benefits administered by FSSD 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 clients receiving benefits administered by FSSD 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, which is estimated to be less than $20. The amended rules will result in enhanced delivery of services for clients.
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 risks to the public's health, safety, and environment by reducing barriers in applying or renewing eligibility for benefits and 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: If the proposed rules are not implemented, it could hinder clients' ability to apply and renew benefits and staff's ability to issue benefits as efficiently and effectively as possible.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 23, 2010. Modified December 14, 2010.
