COMMENT DUE DATE:
February 1, 2011
DATE:
January 19, 2011
Tammy Hall, OCSS Programs Manager (405) 522-0022
Dena Thayer, OIRP Programs Administrator (405) 522-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
APA WF 10-21
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Language previously approved under the emergency rulemaking process is highlighted in Aqua.
Chapter 25. Oklahoma Child Support Services
Subchapter 1. Scope and Applicability
OAC 340:25-1-1.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340-25-5-67 through 340:25-5-67.1 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-114 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-124.2 through 340:25-5-124.3 [AMENDED]
Part 17. Past Support
OAC 340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 20. Medical Support
OAC 340:25-5-168 through 340:25-5-169 [AMENDED]
Part 21. Establishment
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 through 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-203.1 [AMENDED]
Part 25. Federal Offset Programs
OAC 340:25-5-215 [AMENDED]
Part 27. State Tax Refund Offset Program
OAC 340:25-5-235 [AMENDED]
Part 33. Interstate and International Cases
OAC 340:25-5-270 [AMENDED]
Part 37. Recovery
OAC 340:25-5-312 [AMENDED]
Part 39. Accounting and Distribution
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
OAC 340:25-5-351 [AMENDED]
(Reference APA WFs 10-05, 10-10, 10-21)
SUMMARY:The proposed revisions to Subchapters 1 and 5 of Chapter 25 amend the rules to: (1) supersede emergency rules submitted in February and May 2010 that reduce the fiscal impact on families when OCSS is recovering an overpayment from current child support collections and retaining interest collections assigned to the State; (2) implement policy changes for House Bill 3166; (3) implement policy changes recommended during the OCSS annual policy review process; and (4) make non-substantive housekeeping changes to improve the clarity of rules.
Substantive changes.
OAC 340:25-1-1.1 is amended to: (1) add definitions for non-cash support, non-TANF Medicaid, and Oklahoma Health Care Authority; (2) revise the definitions for Medicaid and OAH.
OAC 340:25-5-114 is amended to: (1) amend the assignment of medical support rights from OKDHS to OHCA in cases involving non-TANF Medicaid benefits for minor children; (2) add the process within an OHCA referral for determining whether good cause exists for noncooperation; (3) add ITS to clarify when a custodial person must cooperate with OCSS; (4) revise and add ITS on treatment of cases with a Pending Good Cause Determination.
OAC 340:25-5-117 is amended to (1) add a new referral source and cash medical support as reasons to open a full-service case; (2) remove ITS about pursuing child support for all children in a household when at least one child in the household is receiving a child care subsidy.
OAC 340:25-5-123 is amended to: (1) revise the conditions under which a child support case may not be closed; (2) add that a case may be closed when it is received from OHCA as an erroneous referral; (3) clarify in ITS that OCSS may withdraw or dismiss a pending action at the discretion of the State’s Attorney.
OAC 340:25-5-124.2 is amended to (1) add to the conditions under which OCSS does not retain cases with tribal members and tribal child support orders; (2) remove ITS discussing specific bases of jurisdiction in various tribal programs.
OAC 340:25-5-140 is amended to: (1) clarify the conditions under which a settlement of past support can be made, including clarifying language regarding the process for crediting non-cash support; (2) add ITS clarifying when child support staff file an action to determine arrears; (3) add ITS clarifying how arrears are calculated when one or both parties fail to return an affidavit of payments.
OAC 340:25-5-140.1 is amended to: (1) add that OCSS does not calculate or collect interest on unpaid cash medical support; (2) add ITS stating that if an order is silent as to interest, then OCSS staff consult the State’s Attorney for help in determining the intent of the parties.
OAC 340:25-5-168 is amended to: (1) clarify that OCSS standards for health insurance comply with the Oklahoma Insurance Department administrative rules; (2) add that a cash medical support order is effective the first day of the month following a modification order; (3) clarify cases where OCSS proceeds with a modification of child support rather than proceeding with the termination of cash medical support administrative process; (4) clarify in ITS when health insurance does not meet standards for health coverage.
OAC 340:25-5-178 is amended to: (1) clarify the amount of income used to calculate child support when one of the parents is a minor; (2) amend the beginning date for a child support obligation for an incarcerated parent to the third month following release from incarceration instead of the second month; (3) clarify that OCSS staff request the court reserve the child support obligation of an incarcerated parent and the time period reserved.
OAC 340:25-5-179.1 is amended to state that OCSS requests the court reserve the issue of child support for the time period prior to the entry of the court order to the date the child support obligation begins.
OAC 340:25-5-198.1 ITS is amended to clarify that, after a change of custody, OCSS staff does not initiate a review of the child support order.
OAC 340:25-5-198.2 is amended to add that a cash medical support order is effective the first day of the month following a modification order.
OAC 340:25-5-203.1 is amended to change the amount of past due support or overpayments that triggers an OCSS claim on lottery prizes.
OAC 340:25-5-235 is amended to add that issuance of funds may be delayed when an offset is made to satisfy non-TANF past-due support from a state tax refund.
OAC 340:25-5-270 is amended to: (1) add that when genetic testing is required in interstate cases, the responding state is responsible for paying the cost of testing; (2) remove the ITS regarding payment for genetic testing.
OAC 340:25-5-312 is amended to (1) modify amount of overpayment recovery from 50 percent of current support to 25 percent; (2) clarify process OCSS follows to recover overpayments from recipients when overpayment occurs in same month when full child support payment received; (3) add that in overpayment recovery disputes, overpayment recipient may request an administrative hearing if recipient does not agree with agency decision.
OAC 340:25-5-350.1 is amended to: (1) add a three dollar minimum for overpayment refunds; (2) add that overpayments not refunded will be remitted to the Oklahoma Department of Human Services General Revenue Fund Treasury.
OAC 340:25-5-351 is amended to: (1) remove specific details of how interest debt is handled; (2) add that federal tax refund offset collections are first applied to assigned arrearages up to the unreimbursed assistance amount, and the remainder is paid to the custodial person.
OAC 340:25-1-5.1, 340:25-5-67, 340:25-5-67.1, 340:25-5-124.3, and 340:25-5-215 are amended to make a variety of housekeeping changes, including reformatting, adding and updating ITS, updating legal citations, clarifying language to be consistent with current usage, and correcting punctuation and syntax.
LEGAL AUTHORITY:Commission for Human Services; Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 453, 454, 454A, and 454B of the Social Security Act, codified in Sections 653, 654, 654a and 654b of Title 42 of the United States Code (U.S.C.); Section 1738B of Title 28 of the U.S.C.; United States House Resolution 3130, Public Law 105‑200; Sections 302.31, 302.32, 302.33, 302.38, 303.6, 307.11, 307.13, and Parts 98, 99, and 310 of Title 45 of the Code of Federal Regulations; Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Section 1171.2 of Title 12 of the Oklahoma Statutes (federal Deficit Reduction Act of 2005); Section 139.1 of Title 43 of the Oklahoma Statutes (Oklahoma Senate Bill 1126); Sections 118 through 118l of Title 43 of the Oklahoma Statutes (Oklahoma Senate Bill 2194); Section 240.10 of Title 56 of the Oklahoma Statutes (Oklahoma Senate Bill 2194); Section 1-4-702 of Title 10A of the Oklahoma Statutes (Oklahoma House Bill 2028).
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From:Gary W. Dart, Division Director
Oklahoma Child Support Services
Date:November 30, 2010
Re:
Title 340.Department of Human Services
Chapter 25. Oklahoma Child Support Services
Subchapter 1. Scope and Applicability
OAC 340:25-1-1.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 5.Operational Policies.
Part 9. Disclosure of Information.
OAC 340-25-5-67 [AMENDED]
OAC 340:25-5-67.1 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure.
OAC 340:25-5-114 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 [AMENDED]
OAC 340:25-5-124.2 [AMENDED]
OAC 340:25-5-124.3 [AMENDED]
Part 17. Past Support.
OAC 340:25-5-140 [AMENDED]
OAC 340:25-5-140.1 [AMENDED]
Part 20. Medical Support.
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-169 [AMENDED]
Part 21. Establishment.
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification.
OAC 340:25-5-198.1 [AMENDED]
OAC 340:25-5-198.2 [AMENDED]
Part 23. Enforcement.
OAC 340:25-5-203.1 [AMENDED]
Part 25. Federal Offset Programs.
OAC 340:25-5-215 [AMENDED]
Part 27. State Tax Refund Offset Program.
OAC 340:25-5-235 [AMENDED]
Part 33. Interstate and International Cases.
OAC 340:25-5-270[AMENDED]
Part 37. Recovery.
OAC 340:25-5-312 [AMENDED]
Part 39. Accounting and Distribution.
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
OAC 340:25-5-351 [AMENDED]
(Reference APA WF 10-21)
Contact:Tammy Hall, Programs Manager, at405-522-0022.
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed revisions to Subchapters 1 and 5 of Chapter 25 amend the rules to: (1) supersede emergency rules submitted in February and May 2010 that reduce the fiscal impact on families when OCSS is recovering an overpayment from current child support collections and retaining interest collections assigned to the State; (2) implement policy changes for House Bill 3166; (3) implement policy changes recommended during the OCSS annual policy review process; and (4) make non-substantive housekeeping changes to improve the clarity of rules.
Strategic Plan impact.
These proposed rules contribute to the Oklahoma Department of Human Services (OKDHS) strategic plan to assist customers in becoming independent, employed, productive citizens; provide services that support and strengthen the family and protect its members; provide services in community-based settings; promote health care and child care accessibility; and continuously improve systems and processes to achieve OKDHS goals.The proposed rules comply with mandatory requirements under welfare reform and position OCSS to improve services to its customers through better communication and fuller cooperation with other community service providers and members of the justice community; and stimulate more efficient resource management, reduce child poverty and state expenditures, and empower families to be more self-sufficient.
Substantive changes.
OAC 340:25-1-1.1 is amended to: (1) add definitions for non-cash support, non-TANF Medicaid, and Oklahoma Health Care Authority; (2) revise the definitions for Medicaid and OAH.
OAC 340:25-5-114 is amended to: (1) amend the assignment of medical support rights from OKDHS to OHCA in cases involving non-TANF Medicaid benefits for minor children; (2) add the process within an OHCA referral for determining whether good cause exists for noncooperation; (3) add ITS to clarify when a custodial person must cooperate with OCSS; (4) revise and add ITS on treatment of cases with a Pending Good Cause Determination.
OAC 340:25-5-117 is amended to (1) add a new referral source and cash medical support as reasons to open a full-service case; (2) remove ITS about pursuing child support for all children in a household when at least one child in the household is receiving a child care subsidy.
OAC 340:25-5-123 is amended to: (1) revise the conditions under which a child support case may not be closed; (2) add that a case may be closed when it is received from OHCA as an erroneous referral; (3) clarify in ITS that OCSS may withdraw or dismiss a pending action at the discretion of the State’s Attorney.
OAC 340:25-5-124.2 is amended to (1) add to the conditions under which OCSS does not retain cases with tribal members and tribal child support orders; (2) remove ITS discussing specific bases of jurisdiction in various tribal programs.
OAC 340:25-5-140 is amended to: (1) clarify the conditions under which a settlement of past support can be made, including clarifying language regarding the process for crediting non-cash support; (2) add ITS clarifying when child support staff file an action to determine arrears; (3) add ITS clarifying how arrears are calculated when one or both parties fail to return an affidavit of payments.
OAC 340:25-5-140.1 is amended to: (1) add that OCSS does not calculate or collect interest on unpaid cash medical support; (2) add ITS stating that if an order is silent as to interest, then OCSS staff consult the State’s Attorney for help in determining the intent of the parties.
OAC 340:25-5-168 is amended to: (1) clarify that OCSS standards for health insurance comply with the Oklahoma Insurance Department administrative rules; (2) add that a cash medical support order is effective the first day of the month following a modification order; (3) clarify cases where OCSS proceeds with a modification of child support rather than proceeding with the termination of cash medical support administrative process; (4) clarify in ITS when health insurance does not meet standards for health coverage.
OAC 340:25-5-178 is amended to: (1) clarify the amount of income used to calculate child support when one of the parents is a minor; (2) amend the beginning date for a child support obligation for an incarcerated parent to the third month following release from incarceration instead of the second month; (3) clarify that OCSS staff request the court reserve the child support obligation of an incarcerated parent and the time period reserved.
OAC 340:25-5-179.1 is amended to state that OCSS requests the court reserve the issue of child support for the time period prior to the entry of the court order to the date the child support obligation begins.
OAC 340:25-5-198.1 ITS is amended to clarify that, after a change of custody, OCSS staff does not initiate a review of the child support order.
OAC 340:25-5-198.2 is amended to add that a cash medical support order is effective the first day of the month following a modification order.
OAC 340:25-5-203.1 is amended to change the amount of past due support or overpayments that triggers an OCSS claim on lottery prizes.
OAC 340:25-5-235 is amended to add that issuance of funds may be delayed when an offset is made to satisfy non-TANF past-due support from a state tax refund.
OAC 340:25-5-270 is amended to: (1) add that when genetic testing is required in interstate cases, the responding state is responsible for paying the cost of testing; (2) remove the ITS regarding payment for genetic testing.
OAC 340:25-5-312 is amended to (1) modify amount of overpayment recovery from 50 percent of current support to 25 percent; (2) clarify process OCSS follows to recover overpayments from recipients when overpayment occurs in same month when full child support payment received; (3) add that in overpayment recovery disputes, overpayment recipient may request an administrative hearing if recipient does not agree with agency decision.
OAC 340:25-5-350.1 is amended to: (1) add a three dollar minimum for overpayment refunds; (2) add that overpayments not refunded will be remitted to the Oklahoma Department of Human Services General Revenue Fund Treasury.
OAC 340:25-5-351 is amended to: (1) remove specific details of how interest debt is handled; (2) add that federal tax refund offset collections are first applied to assigned arrearages up to the unreimbursed assistance amount, and the remainder is paid to the custodial person.
OAC 340:25-1-5.1, 340:25-5-67, 340:25-5-67.1, 340:25-5-124.3, and 340:25-5-215 are amended to make a variety of housekeeping changes, including reformatting, adding and updating ITS, updating legal citations, clarifying language to be consistent with current usage, and correcting punctuation and syntax.
Reasons.
The proposed revisions are to update and clarify OCSS rules to bring them into compliance with state and federal laws and regulations and provide staff with clear guidance in implementation procedures, in order to:(1) provide improved child support services that meet or exceed customer needs and expectations, positioning OCSS to be sought out as a family's counsel of choice; (2) address needs identified in the OCSS annual review of rules; (3) respond to legislative changes; (4) improve the establishment of paternity and child support orders; (5) improve the collection and distribution of support payments; (6) update legal citations; and (7) clarify language and correct punctuation and syntax; and (8) supersede emergency with permanent rules.
Repercussions.
The proposed rules will contribute to the health, safety, and well being of children entitled to support by increasing program efficiency.Failure to adopt these rules could cause hardships on families and negatively impact the OCSS budget.Failure to adopt these rules could result in a loss of federal funding due to the failure to comply with federal requirements for processing child support cases.Failure to adopt these rules could result in OCSS being out of compliance with House Bill 3166, which amended Title 68 of the Oklahoma Statutes.
Legal authority. Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 453, 454, 454A, 454B of the Social Security Act, codified in Sections 653, 654, 654a, and 654b of Title 42 of the United States Code (U.S.C.); Section 1738B of Title 28 U.S.C.; United States House Resolution 3130, Public Law 105-200; Sections 302.31, 302.32, 302.33, 302.38, 303.6, 307.11, 307.13, Part 310 of Title 45 of the Code of Federal Regulations; and Title 68 of the Oklahoma Statutes (Oklahoma House Bill 3166).
Permanent approval is requested effective July 1, 2011.
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 children entitled to support, noncustodial parents who owe child support and custodial persons who are owed child support, taxpayers, courts, attorneys in private practice, and other state agencies. 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 noncustodial parents, custodial persons, children, employers, courts, and taxpayers.
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: 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 and training materials,which is estimated to be under $100.00 and is within the current budget and requires no additional funding.Any costs of implementation are expected to be offset by an increase in collections.These proposals do not increase any agency’s duties or need for additional FTE.The revised rules will result in enhanced establishment and enforcement of child support orders and allow OCSS to improve overall services to its customers.These proposed rules should not have any substantial effect on state revenues.
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: These proposed rules are intended to minimize compliance costs and intrusive regulations while fully complying with state and federal mandates.There are no less costly or nonregulatory methods or less intrusive methods to achieve full compliance.
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: These proposed rules are intended to comply with state and federal child support mandates, thereby increasing program effectiveness and contributing to the health, safety, and well being of children entitled to support.Failure to adopt these rules could result in emergency rules adopted during fiscal year 2011 resulting in fiscal hardships on families and fiscal impact on OCSS budget without being able to retain interest payments on money assigned the state.Failure to adopt these rules could result in a loss of federal funding due to the failure to comply with federal requirements for processing child support cases.Failure to adopt these rules could result in OCSS being out of compliance with the provisions of House Bill 3166 which amended Title 68 of the Oklahoma Statutes.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: These proposals are intended to comply with state and federal child support mandates, thereby contributing to the health, safety and well-being of children entitled to support. Failure to adopt these rules could result in the loss of federal funding of the IV-D program; confusion and delay in providing paternity, support order establishment, modification and enforcement of support orders; and unnecessary expenditures of public funds to provide support for children that could otherwise be provided by noncustodial parents.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 30, 2010, modified December 22, 2010.
