COMMENT DUE DATE:
September 23, 2011
DATE:
September 9, 2011
Samantha Galloway, DDSD (405) 521-4989 Dena Thayer, OIRP Programs Administrator (405) 521-4326 Nancy Kelly, OIRP (405) 522-6703
RE:
APA 11-03(B)
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 13 Family Support Programs
Part 1 Family Support Assistance Payment Programs
OAC 340: 100-13-1 [AMENDED]
(Reference APA WF 11-03B)
SUMMARY:The OKDHS Commission for Human Services approved changes to OAC 340:100-13-1, Family Support Assistance Payment Program, on July 26, 2011.Additional changes are necessary to request emergency approval from Governor Mary Fallin.The Family Support Assistance Payment Program rule changes are an essential element of the overall OKDHS budget balancing initiative.The necessary changes include deleting proposed language that was previously in (e)(5) that provided the DDSD division director authority to adjust the amount of the payment based on available funding.In (f) the word ”of” was stricken and “up to” was added before the words "twice the monthly," but needs to remain unchanged to be consistent with Oklahoma statute.The proposed revisions to Subchapter 13 of Chapter 100, allows for the implementation of a reduction in the Family Support Assistance Payment.Among other budget balancing initiatives, a 10% reduction to the Family Support Assistance Payment program was approved by the OKDHS Commission.The new language allows for restoration of the 10%, upon available funding, without the need for another rule change.The reduction is necessary for OKDHS to achieve a balanced budget.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested to comply with Title 62 Section 34.42 (62 O.S. § 34.42 et seq.) of the Oklahoma Statutes that requires state agencies submit a balanced budget to the Office of State Finance by June 1, or as soon thereafter as possible.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution, Title 62 Section 34.42 et seq. of the Oklahoma Statutes (62 O.S. § 34.42 et seq.); and the Oklahoma Family Support Act per Section 601 et seq. of Title 56 of the Oklahoma Statutes (56 O.S. § 601 et seq.).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:James Nicholson
Developmental Disabilities Services Division
Date:September 9, 2011
Re:CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 13 Family Support Programs
Part 1 Family Support Assistance Payment Programs
OAC 340:100-13-1 [AMENDED]
(Reference APA WF 11-03B)
Contact:Samantha Galloway 405-521-4989
A.Brief description of the purpose of the proposed rule:
Purpose. The proposed revisions to Subchapter 13 of Chapter 100, allow for the implementation of a reduction in the Family Support Assistance Payment.Among other budget balancing initiatives, a 10% reduction to the Family Support Assistance Payment program was approved by the OKDHS Commission for Human Services on June 14, 2011.The new language allows for restoration of the 10%, upon available funding, without the need for another rule change.The rule is amended to allow for a 20% maximum reduction, in the event the budget requires such action in the future.
Strategic Plan impact. The proposed rule achieves OKDHS goals by allowing OKDHS to achieve a balanced budget required per Section 34.42 et seq. of Title 62 of the Oklahoma Statutes (62 O.S. § 34.42 et seq.).
Substantive changes.
340:100-13-1 provides for a 10% reduction in the Family Support Assistance Payment program as a budget balancing initiative.The new language allows for restoration of the 10%, upon available funding, without the need for another rule change.The rule is amended to allow for a 20% maximum reduction, in the event the budget requires such action in the future.
Reasons. The proposed revisions allow OKDHS to implement a 10% reduction in the Family Support Assistance Payment program to achieve a balanced budget.
Repercussions.The proposed rules allow OKDHS to achieve a balanced budget.If the proposed revisions are not implemented, OKDHS has to identify savings from other program areas and comply with Legislative instructions on spending in HB2183 to achieve a balanced budget.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 34.42 et seq. of Title 62 of the Oklahoma Statutes (62 O.S. § 34.42 et seq.); and the Oklahoma Family Support Act per 56 O.S. § 601 et seq.
Emergency approval. Emergency rulemaking approval is requested to comply with 62 O.S. § 34.42 et seq. that requires state agencies submit a balanced budget to the Office of State Finance by June 1, or as soon thereafter as possible.
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 the recipients of the Family Support Subsidy. The affected classes of persons will bear a 10% reduction to their monthly payment associated with implementation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit from the rule are persons receiving the Family Support Subsidy, as the 10% reduction in the monthly payment to all participants alleviates the need to reduce the number of families receiving the monthly payment by 10%.A 10% reduction will result in $595,000 in savings for OKDHS.There are currently 1933 Oklahoma families receiving the Family Support Subsidy.
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 Family Support Subsidy currently provides a $250 per month payment for one eligible child, and increases in increments of $50 for each additional eligible child, up to a maximum payment of $400.A 10% reduction in the payment will provide a $225 payment for the first eligible child, and increase by $45 per eligible child up to a maximum payment of $360.
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, and $720 for printing and mailing the reduction notification to the families.The 10% reduction will result in $595,000 in savings for OKDHS.
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 rule does 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 rule.
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: We believe there are no less costly or nonregulatory methods or less intrusive methods for complying with 62 O.S. §34.42 et. seq.
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 rule revision will bring OKDHS into compliance with 62 O.S. §34.42 et. seq.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed revisions are not implemented, OKDHS has to identify savings from other areas to achieve a balanced budget.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared September 9, 2011. Modified
SUBCHAPTER 13. FAMILY SUPPORT PROGRAMS
340:100-13-1. Family Support Assistance Payment Program
(a) Scope and applicability.Per Section 601 et seq. of Title 56 of the Oklahoma Statutes (56 O.S. § 601 et seq.), Oklahoma Family Support Act, and within the constraints of funding appropriated to Oklahoma Department of Human Services (OKDHS), Developmental Disabilities Services Division (DDSD) provides a family support assistance payment for children with severe developmental disabilities who reside in their family homes and who meet other required eligibility criteria.The family assistance payment is intended to:
(1) keep families together;
(2) facilitate the return of children with developmental disabilities from out-of-home placements to their families' homes; and
(3) prevent or delay out-of-home placement of children with severe developmental disabilities who reside in their families' homes.
(b) Eligibility criteria - child.To receive a family support assistance payment, the child must:
(1) be younger than 18 years of age;
(2) have mental retardation or other developmental disability per 10 O.S. § 1408;
(3) reside with the family, per OAC 340:100-13-1(c); and
(4) not receive services through a Home and Community-Based Services (HCBS) Waiver.
(c) Eligibility criteria - family.The family with whom the eligible child is residing must:
(1) live in Oklahoma;
(2) have an annual gross adjusted income that does not exceed $45,000; and
(3) be headed by a biological parent, adoptive parent, or legal guardian of the eligible child.A child living with an adoptive parent(s) who receives adoption assistance from any source is not eligible for the Family Support Assistance Payment Program.
(d) Application.Applications for the Family Support Assistance Payment Program are available via OKDHS county offices human services centers, DDSD area offices, and www.okdhs.org.The family making application to for the Family Support Assistance Payment Program must complete and return Form 06DA031E, Family Support Assistance Payment Services Application, and with required verification of information.
(1) Form 06DA031E is:
(A) complete when signed with required verification attached; and
(B) returned to the applicant when missing information is identified.
(2) Completed Form 06DA031E is date stamped upon receipt in the DDSD State Office or area office.
(A) This date establishes chronological placement on the waiting list for this program.
(B) An exception to the receipt date is described in OAC 340:100-13-1(f).
(3) The number of applications approved is determined by available funding.
(e) Payment of family support assistance.When Form 06DA031E is approved, a family support assistance payment:
(1) of a minimum of $200 up to $250 per month for the first eligible child is paid.For families who have more than one eligible child, increments of a minimum of $40 up to $50 are made for each additional eligible child with a maximum payment of $400 per month per family home;
(2) is paid to the parent(s) or legal guardian on behalf of the eligible child;
(3) is considered a benefit to the child and is used to meet the special needs of the family associated with the eligible child; and
(4) is to complement, not supplant, public assistance or other social service benefits based on economic need that are available through governmental programs.
(f) Out-of-home placement advanced payment.The parent(s) or legal guardian of a child who is in an out-of-home placement at the time the of application is considered may receive a one-time, lump sum advance payment of twice the monthly family support assistance amount to meet the special needs of the family in preparation for the placement or return of the child to in-home care.
(1) The child and family must meet all eligibility criteria per OAC 340:100-13-1(b) and (c), excluding (b)(3).
(2) Verification of current placement of the child is required.
(3) A written plan for the child's return home is submitted to DDSD State Office before advance payment is made.
(4) Authorization for ongoing payment does not begin until DDSD State Office verifies the eligible child has returned to the family home.
(g) Continuation of payment.Each family annually completes Form 06DA032E, Annual Review and Report, prior to the review due date.The annual review due date that is the last day of the birth month of the eligible child.
(1) DDSD sends Form 06DA032E 60 days prior to the review due date.
(2) When Form 06DA032E and requested verification are not provided by the last day of the birth month of the eligible child, the family support assistance payment for the child is terminated.
(3) When a family support assistance payment is made for more than one child in the family, the annual review due date is the birth date of the youngest child for which the assistance payment is made, unless otherwise specified.
(4) Form 06DA032E requires:
(A) reverification of the family's annual income;
(B) redetermination of disability for the child younger than children seven years of age and younger.For children seven years of age and older, disability review is required every three years or when determined necessary by the Family Support Assistance Payment Program programs manager; and
(C) determination reporting of how the assistance payment is used.
(h) Relation to HCBS eligibility.A family may not receive both HCBS and a family support assistance payment.
(1) When a child receives HCBS and applies for the family support assistance payment, DDSD State Office notifies the assigned DDSD case manager of the request.
(2) The assigned DDSD case manager:
(A) schedules a home visit to inform the family that all services through HCBS terminate effective the month the assistance payment is approved;
(B) informs the family that when HCBS is terminated, eligibility for other services may also be affected;
(C) explains Form 06DA033E, Affidavit of Understanding Regarding Family Assistance/Home and Community Based Waiver Services; and
(D) secures the signature of the parent(s) or guardian on Form 06DA033E.
(3) When a child is on the waiting list for HCBS, the child's application status is not affected by applying for or receiving the family support assistance payment.
(4) If an eligible child is placed in specialized foster care (SFC) through HCBS and the request for advance payment is made, the family may receive the one-time advance payment while the child remains in SFC.
(A) A written plan for the child's return home is submitted to DDSD State Office before advance payment is made.
(B) Authorization for ongoing payment does not begin until DDSD State Office verifies the eligible child has returned to the family home and Form 06DA033E is signed.
(5) When the family chooses to terminate HCBS for the Family Support Assistance Payment Program, the family may choose to reapply for HCBS and be subject to any Request for Waiver Services List that may exist.
(i) Required reports.The parent(s) or legal guardian who receives a family support assistance payment reports in writing:
(1) annually, with a statement or supporting documentation that the family support assistance payment was used to meet the special needs of the family; and
(2) immediately, if the parent(s) or legal guardian requests termination of the family support assistance; and
(3) immediately, upon occurrence of any event listed in OAC 340:100-13-1(j).
(j) Termination of payment.
(1) OKDHS notifies the family no less than within ten days prior to of the effective date of termination of the family support assistance payment.
(2) Family support assistance payment terminates when:
(A) the eligible child dies;
(B) the child no longer meets eligibility criteria per OAC 340:100-13-1(b);
(C) the family no longer meets eligibility criteria per OAC 340:100-13-1(c);
(D) annual reports or verifications required for continuation of the family support assistance payment are not made timely per OAC 340:100-13-1(g) and (i); or
(E) reports or verifications required to approve initial eligibility or determine continued eligibility are determined false.
(2) The family support assistance payment is immediately terminated upon request by the parent(s) or legal guardian.
(k) Fair hearings.The parent(s) or legal guardian of the child who is affected may request, in writing, a hearing by OKDHS, per OAC 340:2-5, within 30 days of the date on the notification of denial of an application or termination of the family support assistance payment.
(1) If the hearing is requested within ten days of the date of the notice of adverse action, the assistance payment may be continued pending the outcome of the hearing.
(A) The family must request continuation of the assistance payment on the hearing request.
(B) If the family does not indicate on the hearing request their preference for continuation of assistance payments, the payments are stopped on the effective date stated in the written notice to the family.
(2) When a hearing is requested because termination is due to aging out of the program or death of the eligible child, continuation of assistance payment is not an option pending the decision on the appeal.
(3) If assistance payment is continued and the hearing decision is not in the family's favor, a claim is made against the family for all payments received during the period between the notice of termination and hearing.
(l) Overpayments.If a change is not reported immediately per OAC 340:100-13-1(i)(3) and a family support assistance payment is made for which the family or child did not meet eligibility requirements, an overpayment occurs.In such instances, the family is required to repay all overpayment amounts.
