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COMMENT DUE DATE:  

February 1, 2013

DATE: 

January 2, 2013

Laura Brown, AFS  (405) 521-4396

Pat McCracken, OIRP  (405) 522-1017

Dena Thayer, OIRP Programs Administrator  (405) 521-4326

RE:  

APA WF 12-13

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Permanent .  This proposal is not subject to Administrative Procedures Act

The proposed policy is permanent and the proposed effective date is June 1, 2013.

CHAPTER 40 CHILD CARE SUBSIDY PROGRAM

Subchapter 3. Initial Application

OAC 340:40-3-1 [AMENDED]

Subchapter 7. Eligibility

OAC 340:40-7-3.1 [AMENDED]

OAC 340:40-7-6 through 340:40-7-7 [AMENDED]

OAC 340:40-7-11 through 340:40-7-12 [AMENDED]

Subchapter 9. Procedures Relating to Case Changes

OAC 340:40-9-1 [AMENDED]

OAC 340:40-9-3 [AMENDED]

Subchapter 13. Child Care Rates and Provider Issues

OAC 340:40-13-2 through 340:40-13-3 [AMENDED]

Subchapter 16. Improper Authorization Initiative Payments Error Rate Review Process

OAC 340:40-16-1 [AMENDED]

(Reference APA WF 12-13)

SUMMARY:

The proposed revisions to Subchapter 3 of Chapter 40 amend the rules to: (1) clarify and remove outdated and unnecessary language regarding the application process; (2) update division name and terminology due to reorganization and OKDHSLive; and (3) change a form name and number.

The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to: (1) clarify the special needs approval process for children with disabilities; (2) update division name; (3) add the definition of an adult non-relative opposite sex individual (ANROSI) to the rule; (4) clarify who must meet a need factor and apply for benefits when someone is temporarily absent from the home; (5) clarify that foster parents must meet Child Welfare Services (CWS) rules regarding the need factor and child care eligibility; (6) update terminology; and (7) add new types of excluded income to match Supplemental Nutrition Assistance Program (SNAP) rules.

The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to: (1)update terminology; and (2) change a form name and number.

The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) update procedures and forms used in the approval process for in-home child care; (2) update the division name; (3) reference the appendix containing descriptions of child care provider rates; (4) update age requirement terminology to match age requirement rules per OAC 340:40-7-3; and (5) remove unnecessary blended rate information.

The proposed revisions to Subchapter 16 of Chapter 40 amend the rules to: (1) change the name of the subchapter; and (2) update and clarify terminology.

SUBSTANTIVE CHANGES:

340:40-3-1 is amended to: (1) clarify and remove outdated and unnecessary language regarding the application process; (2) update division name and terminology due to reorganization and OKDHSLive; and (3) change a form name and number.

340:40-7-3.1 is amended to (1) clarify the ages a child with disabilities can receive child care benefits; (2) clarify that verification is required to establish the special needs rate annually; (3) update worker roles in the special needs process; and (4) change division name.

340:40-7-6 is amended to: (1) add the definition of an adult non-relative opposite sex individual (ANROSI) to the rule; (2) clarify who must meet a need factor and apply for benefits when someone is temporarily absent from the home.

340:40-7-7 is amended to add language to clarify that foster parents do not meet a need factor for child care benefits unless they meet Child Welfare Services rules regarding child care eligibility.

340:40-7-11 and 340:40-9-1 are amended to update terminology regarding renewals.

340:40-7-12 is amended to add new types of excluded income to match SNAP rules.

340:40-9-3 is amended to: (1) change the name and number of a form; and (2) update terminology.

340:40-13-2 is amended to: (1) update county office procedures to request approval of an in-home provider; (2) remove reference to an outdated in-home provider manual; (3) update division name; and (4) update forms used in the in-home caregiver approval process; and (5) clarify which form must be completed annually.

340:40-13-3 is amended to: (1) update age requirement terminology to match age requirement rules per OAC 340:40-7-3; (2) reference the OKDHS appendix containing descriptions of child care provider rates; and (3) remove unnecessary language regarding blended rate approval.

340:40-16-1 is amended to: (1) change the name of the subchapter; and (2) update and clarify terminology regarding the improper payments error rate review process

 

 

PERMANENT RULEMAKING APPROVAL IS REQUESTED.

LEGAL AUTHORITY:Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; and Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99.

Rule Impact Statement

To:Programs Administrator

Office of Intergovernmental Relations and Policy

From:Jim Struby, Director

Adult and Family Services

Date:January 3, 2013

Re:CHAPTER 40 CHILD CARE SUBSIDY PROGRAM

Subchapter 3. Initial Application

OAC 340:40-3-1 [AMENDED]

Subchapter 7. Eligibility

OAC 340:40-7-3.1 [AMENDED]

OAC 340:40-7-6 through 340:40-7-7 [AMENDED]

OAC 340:40-7-11 through 340:40-7-12 [AMENDED]

Subchapter 9. Procedures Relating to Case Changes

OAC 340:40-9-1 [AMENDED]

OAC 340:40-9-3 [AMENDED]

Subchapter 13. Child Care Rates and Provider Issues

OAC 340:40-13-2 through 340:40-13-3 [AMENDED]

Subchapter 16. Improper Authorization Initiative Payments Error Rate Review Process

OAC 340:40-16-1 [AMENDED]

(Reference APA WF 12-13)

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 and remove outdated and unnecessary language regarding the application process; (2) update division name and terminology due to reorganization and OKDHSLive; and (3) change a form name and number.

The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to: (1) clarify the special needs approval process for children with disabilities; (2) update division name; (3) add the definition of an adult non-relative opposite sex individual (ANROSI) to the rule; (4) clarify who must meet a need factor and apply for benefits when someone is temporarily absent from the home; (5) clarify that foster parents must meet Child Welfare Services (CWS) rules regarding the need factor and child care eligibility; (6) update terminology; and (7) add new types of excluded income to match Supplemental Nutrition Assistance Program (SNAP) rules.

The proposed revisions to Subchapter 9 of Chapter 40 amend the rules to: (1)update terminology; and (2) change a form name and number.

The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) update procedures and forms used in the approval process for in-home child care; (2) update the division name; (3) reference the appendix containing descriptions of child care provider rates; (4) update age requirement terminology to match age requirement rules per OAC 340:40-7-3; and (5) remove unnecessary blended rate information.

The proposed revisions to Subchapter 16 of Chapter 40 amend the rules to: (1) change the name of the subchapter; and (2) update and clarify terminology.

Strategic Plan impact. The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.

Substantive changes.

340:40-3-1 is amended to: (1) clarify and remove outdated and unnecessary language regarding the application process; (2) update division name and terminology due to reorganization and OKDHSLive; and (3) change a form name and number.

340:40-7-3.1 is amended to (1) clarify the ages a child with disabilities can receive child care benefits; (2) clarify that verification is required to establish the special needs rate annually; (3) update worker roles in the special needs process; and (4) change division name.

340:40-7-6 is amended to: (1) add the definition of an adult non-relative opposite sex individual (ANROSI) to the rule; (2) clarify who must meet a need factor and apply for benefits when someone is temporarily absent from the home.

340:40-7-7 is amended to add language to clarify that foster parents do not meet a need factor for child care benefits unless they meet Child Welfare Services rules regarding child care eligibility.

340:40-7-11 and 340:40-9-1 are amended to update terminology regarding renewals.

340:40-7-12 is amended to add new types of excluded income to match SNAP rules.

340:40-9-3 is amended to: (1) change the name and number of a form; and (2) update terminology.

340:40-13-2 is amended to: (1) update county office procedures to request approval of an in-home provider; (2) remove reference to an outdated in-home provider manual; (3) update division name; and (4) update forms used in the in-home caregiver approval process; and (5) clarify which form must be completed annually.

340:40-13-3 is amended to: (1) update age requirement terminology to match age requirement rules per OAC 340:40-7-3; (2) reference the OKDHS appendix containing descriptions of child care provider rates; and (3) remove unnecessary language regarding blended rate approval.

340:40-16-1 is amended to: (1) change the name of the subchapter; and (2) update and clarify terminology regarding the improper payments error rate review process.

Reasons. The proposed revisions provide clear and concise rules for OKDHS staff, clients and providers to ensure benefits are issued properly and renewed appropriately.Due to the reorganization of OKDHS, division names and terminology are changed.Rule changes to excluded income are made to match SNAP rules.This allows for more consistent application of policy across programs.

Repercussions.If the proposed revisions are not implemented, processes may not be followed as intended which may result in an overpayment or underpayment of benefits.

Legal authority. Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; and Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99.

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 OKDHS staff, clients receiving subsidized child care benefits, and child care providers.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 OKDHS staff, clients receiving subsidized child care benefits and child care providers.

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 revised rules do not have an economic impact on the affected entities. 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:OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to positively 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 rule revisions clarify and update rules which facilitates quicker benefit delivery and may reduce risks to children’s health, safety, and environment.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, processes may not be followed as intended which may delay the delivery of benefits and services to persons who are in need.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 25, 2012 and modified December 12, 2012..

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