WF 12-14

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 12-14

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 subject to the Administrative Procedures Act

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

CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES

Subchapter 3. Eligibility for Benefits

OAC 340:65-3-1 [AMENDED]

OAC 340:65-3-2.1 [AMENDED]

OAC 340:65-3-5 [AMENDED]

OAC 340:65-3-7 through 340:65-3-9 [AMENDED]

Subchapter 5. Procedures Relating to Case Changes

Part 1. General Provisions

OAC 340:65-5-1 [AMENDED]

Subchapter 11. Voter Registration [NEW]

OAC 340:65-11-1 through 340:65-11-4 [NEW]

(Reference APA WF 12-14)

SUMMARY:

The proposed revisions to Subchapter 3 of Chapter 65 amend the rules to: (1) add information regarding case assignment of online applications; (2) remove the Qualified Medicare Beneficiary (QMB) program from interview requirements; (3)make rules less restrictive regarding setting interview dates; (4) add information regarding expedited eligibility; (5) rearrange information for greater clarity; (6) remove information regarding obsolete SoonerCare (Medicaid) and Diversion Assistance application time frames; (7) add eligibility determination information following denial of an application; (8) add information regarding benefit renewal notification; (9) include mandatory drug screening of adult parent or needy caretaker Temporary Assistance for Needy Families (TANF) applicants as a variable condition of eligibility; (10) update terminology; and (11) add clarifying language.

The proposed revisions to Subchapter 5 of Chapter 65 amend the rules to: (1) update reasons when advance notice is not required; and (2) clarify worker action when a change occurs while a fair hearing is pending.

Subchapter 11 of Chapter 65 is issued to move Voter Registration Act rules revoked from Subchapter 1 of Chapter 115.

SUBSTANTIVE CHANGES:

340:65-3-1 is revised to: (1) add information regarding case assignment of online applications; (2) remove the Qualifed Medicare Beneficiary (QMB) program from interview requirements; (3) add clarifying language; and (4) update terminology.

340:65-3-2.1 is revised to: (1) make rules less restrictive regarding setting interview dates; and (2) add information regarding expedited eligibility.

340:65-3-5 is revised to: (1) add clarifying language; (2) rearrange information within the Section for greater clarity; and (3) remove information regarding obsolete SoonerCare (Medicaid) presumptive eligibility for pregnant women and Diversion Assistance application time frames.

340:65-3-7 is revised to: (1) add eligibility determination information following denial of an application; and (2) update terminology.

340:65-3-8 is revised to: (1) update terminology; (2) add information regarding benefit renewal notification; and (3) add clarifying language.

340:65-3-9 is revised to include as a variable condition of eligibility mandatory drug screening of adult parents or needy caretakers who apply for or receive for TANF cash assistance.

340:65-5-1 is revised to: (1) update reasons when advance notice is not required; and (2) clarify worker action when a change occurs while a fair hearing is pending.

340:65-11-1 through 340:65-11-4 is issued to include Voter Registration Act rules revoked in 340:115.

PERMANENT RULEMAKING APPROVAL IS REQUESTED.

LEGAL AUTHORITY:Director of Human Services; Sections 161, 162, 164, 168, and 230.52(14) of Title 56 of the Oklahoma Statutes; and Section 1973gg of Title 42 of the United States Code.

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 65. PUBLIC ASSISTANCE PROCEDURES

Subchapter 3. Eligibility for Benefits

OAC 340:65-3-1 [AMENDED]

OAC 340:65-3-2.1 [AMENDED]

OAC 340:65-3-5 [AMENDED]

OAC 340:65-3-7 through 340:65-3-9 [AMENDED]

Subchapter 5. Procedures Relating to Case Changes

Part 1. General Provisions

OAC 340:65-5-1 [AMENDED]

Subchapter 11. Voter Registration [NEW]

OAC 340:65-11-1 through 340:65-11-4 [NEW]

(Reference APA WF 12-14)

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) add information regarding case assignment of online applications; (2) remove the Qualified Medicare Beneficiary (QMB) program from interview requirements; (3)make rules less restrictive regarding setting interview dates; (4) add information regarding expedited eligibility; (5) rearrange information for greater clarity; (6) remove information regarding obsolete SoonerCare (Medicaid) and Diversion Assistance application time frames; (7) add eligibility determination information following denial of an application; (8) add information regarding benefit renewal notification; (9) include mandatory drug screening of adult parent or needy caretaker Temporary Assistance for Needy Families (TANF) applicants as a variable condition of eligibility; (10) update terminology; and (11) add clarifying language.

Subchapter 11 of Chapter 65 is issued to move Voter Registration Act rules revoked from Subchapter 1 of Chapter 115.

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

Substantive changes.

340:65-3-2.1 is revised to: (1) make rules less restrictive regarding setting interview dates; and (2) add information regarding expedited eligibility.

340:65-3-7 is revised to: (1) add eligibility determination information following denial of an application; and (2) update terminology.

340:65-3-8 is revised to: (1) update terminology; (2) add information regarding benefit renewal notification; and (3) add clarifying language.

340:65-3-9 is revised to include as a variable condition of eligibility mandatory drug screening of adult parents or needy caretakers who apply for or receive for TANF cash assistance.

340:65-5-1 is revised to: (1) update reasons when advance notice is not required; and (2) clarify worker action when a change occurs while a fair hearing is pending.

340:65-11-1 through 340:65-11-4 is issued to include Voter Registration Act rules revoked in 340:115.

Reasons. The proposed revisions provide staff with clear, concise, comprehensive, and updated rules reflecting current processes to facilitate the accurate delivery of benefits and services to persons who are in need.Rule changes regarding online applications and benefit renewal notification are needed because of OKDHSLive.Voter Registration Act rules are added to this Chapter due to OKDHS reorganization and the elimination of the Field Operation Division.Information is removed regarding the application time frame for a SoonerCare (Medicaid) program because the Oklahoma Health Care Authority is ending the program.Information is removed regarding Diversion Assistance application time frames because this program was revoked effective June 1, 2012.

Repercussions. The proposed rules provide staff with clear, concise, comprehensive, and updated rules.If the proposed revisions are not implemented,rules will not reflect current practice and rules in other chapters.

Legal authority. Director of Human Services; Sections 161, 162, 164, 168, and 230.52(14) of Title 56 of the Oklahoma Statutes; and Section 1973gg of Title 42 of the United States Code.

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 Adult and Family Services (AFS) 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 the AFS 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 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:The probable cost to 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 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 non-regulatory 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 12, 2012 and modified December 12, 2012.

SUBCHAPTER 3. ELIGIBILITY FOR BENEFITS

340:65-3-1. Determination of eligibility

Revised ~~7-1-12~~ 6-1-13

(a) Eligibility determination.~~The determination of~~ The process of determining eligibility ~~is a continuous process that begins with~~ includes the applicant filing an application~~.It includes~~, the ~~final disposition of the application~~ worker certifying or denying benefits, and all subsequent activities ~~related to determining continued eligibility~~ required to receive continuous benefits.¢ 1The applicant has the right and ~~the~~ responsibility to participate in the eligibility determination and is relied on as the first source of information.

(1) ~~In instances when it is difficult for the applicant to complete the application, someone~~ Someone acting on the applicant's behalf such as an authorized representative or a person with power-of-attorney may complete the application for all programs except Temporary Assistance for Needy Families (TANF).The applicant must personally complete the application for TANF.¢ 2

(2) When someone other than the applicant applies on behalf of the applicant, he or she must bring a signed statement from the applicant giving this person permission to act on ~~behalf of~~ the ~~applicant~~ the applicant’s behalf or the applicant must have designated this person as his or her authorized representative on the signed application.¢ 3The SoonerCare (Medicaid) programs allow others to apply for the applicant without a written designation.

(b) Filing an application.Each household wishing to apply for the Child Care Subsidy Program, Low Income Home Energy Assistance Program (LIHEAP), SoonerCare (Medicaid) ~~Program~~ program, Supplemental Nutrition Assistance Program (SNAP), State Supplemental Payment (SSP), Supplemental Security Income Disabled Children's Program (SSI-DCP), or TANF must complete an application.The applicant may request one or more benefits on the same application with the exception of LIHEAP, which is not an ongoing benefit.¢ 4

(1) The applicant may apply for benefits in the ~~human services center (HSC)~~ local county office of his or her choice.~~This also applies when~~ When someone ~~living in a different county~~ applies on behalf of the applicant ~~at the HSC in his or her own~~ and lives in a different county, ~~instead of~~ the person may apply in his or her county of residence or in ~~which the applicant lives~~ the applicant's county of residence.¢ 5

(2) When the applicant applies for TANF ~~benefits~~ cash assistance in a county in which he or she does not live, the applicant's TANF Work activities are assigned in the county ~~which~~ where the applicant states creates the least barrier to participation.¢ 6

(3) The system auto-assigns the application to a specific Oklahoma Department of Human Services (OKDHS) office when the applicant applies online via okdhslive.org.

(c) Signature requirements.The applicant, guardian, or someone acting on the applicant's behalf such as an authorized representative or a person with power-of-attorney must sign the application.TANF applications must be signed by the applicant. If the applicant is living with his or her spouse, both must sign the application.¢ 7The applicant may voluntarily withdraw the request for benefits or services either before or after signing the application.An applicant who is:

(1) eligible for Medicare signs the application using the name on his or her Medicare Health Insurance Benefits (HIB) card; or¢ 8

(2) not eligible for Medicare signs the application using the name shown on his or her Social Security card.

(d) Interview requirements.Whether an interview is required varies depending on the program.¢ 9

(1) Prior to approval for benefits, the applicant must complete a face-to-face interview for:

(A) SNAP.Exceptions are found at OAC 340:50-3-2; ¢ 910 or

(B) the TANF ~~Program~~ program.

(2) A telephone or face-to-face interview is required for the:

(A) Child Care Subsidy ~~Program~~ program;

(B) SSP ~~Program~~ program;

(D) SoonerCare (Medicaid) programs that categorically relate to the aged, blind, and disabled population such as Qualified Medicare Beneficiary ~~(QMB)~~ Plus (QMBP), Specified Low-Income Medicare Beneficiary (SLMB), or Qualified Disabled and Working Individuals (QDWI)~~, or Qualified Medicare Beneficiary Plus (QMBP)~~.

(3) An interview is not required prior to approval for the SoonerCare (Medicaid) population in ~~Online Enrollment~~ online enrollment with the Oklahoma Health Care Authority (OHCA) or LIHEAP benefits.¢ 1011

(e) Worker responsibilities.The worker is responsible for:¢ 1112

(1) advising the applicant during the application process of the:

(A) ~~Oklahoma Department of Human Services (~~OKDHS) responsibility for reaching a decision and notifying the applicant of eligibility or ineligibility within the appropriate time limits;¢ 1213

(B) applicant's right to request a fair hearing per OAC 340:2-5, either orally or in writing, and be represented at the hearing by any person the applicant chooses.A hearing may be requested when there is a:

(i) delay beyond the established time limits for determining eligibility per OAC 340:65-3-5; or¢ 1314

(ii) disagreement with any action taken on the case;

(D) types of changes the applicant must report within ten calendar days;

(E) penalty for failure to report changes;

(F) information needed to establish eligibility.When requesting information or verification from the applicant, the worker uses Form 08AD092E, Client Contact and Information Request, and gives the applicant at least ten calendar days to respond to the request per OAC 340:65-3-2.1; ¢ 1415

(G) assistance provided by OKDHS in establishing eligibility;

(H) permission the applicant gives OKDHS to obtain information from sources other than the applicant by signing the application; and

(I) requirement that the applicant must cooperate with state and federal officials if the applicant's case is selected for a Quality Control review;

(2) collecting information necessary for determining the applicant's initial and continuing eligibility.Information considered verified upon receipt if that information is not questionable or inconsistent with known facts, and the provider of the information is the primary source of the information, is the:

(A) applicant's statement concerning:

(i) residency;

(ii) relationship;

(iii) age;

(iv) living in the home of a relative payee;

(v) minor parent living in the home of a relative;

(vi) Social Security number (SSN);

(vii) non-liquid resources;

(viii) household members;

(ix) school attendance; and

(x) third party insurance;

(B) unearned income information obtained through:

(i) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA);

(ii) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from SSA;

(iii) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC); and

(iv) workers' compensation documents from Workers' Compensation Court; and

(C) alien status information obtained through Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);

(3) contacting other persons who may be able to help in establishing eligibility if the applicant is unable to participate in the eligibility determination because of physical or mental disability, inability to speak English, or other difficulties;

(4) determining whether the applicant is currently receiving benefits from another state when he or she has lived in Oklahoma less than 12 months; ¢ 1516

(5) recognizing expressed or implied needs which includes:

(A) determining whether there is a need for crisis intervention;

(B) addressing the applicant's social services needs; and

(6) denying the application if sufficient facts are available to substantiate ineligibility.¢ 1718

(f) Requirement for SSN.¢ 1819A verifiable SSN or application for a SSN is required for every person whose needs are included for food benefits, SSP, SSI-DCP, LIHEAP, or TANF benefits.The requirement for a verifiable SSN also applies to all persons whose needs are included for SoonerCare (Medicaid) benefits, except newborn children deemed eligible and aliens who are residing in the United States (U.S.) unlawfully.¢ 1920

(1) The worker accepts the applicant's statement to document the SSN unless the information is inconsistent or there are other facts or observations which cause the worker to question the statement.¢ 2021

(A) Persons for whom a SSN is required but not available must be referred to the appropriate SSA office for SSN enumeration.

(i) The worker uses Form 08AD101E, SSN Enumeration Referral, to refer persons to the SSA office for a SSN application.

(ii) The return of Form 08AD101E to OKDHS validates the application(s) or indicates which persons have not provided SSA appropriate original evidence of age, identity, and citizenship.¢ 2122

(B) Parents of newborns who participate in Enumeration at Birth (EAB) receive from hospital personnel Form SSA-2853-OP3, Message From Social Security.This receipt form is verification the newborn was enumerated at birth.

(2) The worker denies the application or does not include the person for benefits if the person fails or refuses to furnish or to apply for a SSN.

(A) For TANF purposes, the person's needs are included; however, a 25% payment standard reduction penalty is imposed until an application for or a SSN is provided.¢ 2223

(B) For food benefit and SoonerCare (Medicaid) purposes, only the needs of the person for whom a SSN is not provided or applied for are not included.¢ 2324

(g) Citizenship requirement.All persons applying for state or federal public benefits such as child care subsidy, food benefits, LIHEAP, SoonerCare (Medicaid), SSP, or TANF must declare the citizenship or alien status for each household member applying for such benefits on the application or ~~review~~ benefit renewal.¢ 2425When the payee requests benefits for additional household members between application and ~~review~~ benefit renewal, the payee completes and signs Form 08MP022E, Declaration of Citizenship Status, to declare the citizenship or alien status of the additional household members.¢ 2526Citizenship and alien status for persons applying for SoonerCare (Medicaid) benefits is determined using specific program requirements found at OAC 317:35-5-25.

(1) When the applicant declares that some or all of the household members applying for benefits are aliens, the worker must follow the SAVE procedures described at OAC 340:65-3-4 to determine if the documents provided to verify legal alien status are valid.

(2) The worker also must follow specific program policy regarding citizenship and alien status requirements to determine benefit eligibility found at:

(A) OAC 340:40-7-5 for child care subsidy benefits;

(B) OAC 340:50-5-67 for food benefits; ¢ 2627

(D) OAC 317:35-5-25 for SSP; and

(E) OAC 340:10-15-1 for TANF.

(3) The citizenship requirements at (g)(3)(A) through (C) and (g)(4) of this Section are pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.

(A) Lawful status in the U.S. is considered verified if each person applying for benefits has furnished a SSN or Form 08AD101E from SSA indicating ~~that~~ the person has completed the application to apply for a SSN.OKDHS, through an automated data exchange transaction, attempts to match SSN data exchange information with SSA.¢ 2728

(B) Prior to receiving benefits, when OKDHS is unable to match the SSN with SSA for a person 14 years of age or older who is applying for benefits, that person must:

(i) sign and have notarized Form 08MP005E, Citizenship Affidavit, attesting to his or her U.S. citizenship or alien status; or

(ii) provide a U.S. birth certificate, U.S. passport, or a Certificate of Naturalization.Documents acceptable as verification of citizenship for SoonerCare (Medicaid) described at OAC 317:35-5-25 are also acceptable as verification of lawful status.¢ 2829

(C) When the person fails or refuses to sign and have notarized Form 08MP005E or provide one of the documents described at (g)(3)B)(ii) of this Section, benefits are denied or closed for that person.¢ 2930

(4) The application, ~~review~~ benefit renewal, and Form 08MP022E contain a statement advising the applicant that fraudulent claims of citizenship or lawful alien status are reported to the U.S. Attorney and may be subject to criminal prosecution.

(5) When the worker finds that a person who signed Form 08MP005E attesting to U.S. citizenship or legal alien status made a false claim:

(A) the worker sends to Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ (AFS) any applicable evidence and a memo that includes:

(i) the benefits the person fraudulently applied for or obtained;

(ii) the time frame benefits were received; and

(iii) how the worker knows the claim was false;

(B) ~~FSSD~~ AFS staff in consultation with Office of General Counsel staff review the memo and any evidence provided by the worker; and

(C) when ~~FSSD~~ AFS and Office of General Counsel staff determine the person made a false claim, a complaint is filed with the U.S. Attorney for the applicable district based upon the venue in which the affidavit was executed.

INSTRUCTIONS TO STAFF 340:65-3-1

Revised ~~7-1-12~~ 6-1-13

1.(a) Except for children in the Oklahoma Department of Human Services (OKDHS) or tribal custody whose cases remain in the county of jurisdiction, applicants may apply for and/or receive services in a ~~human services center (HSC)~~ local county office of their choice or online via okdhslive.org.

(b) The extent to which eligibility is determined during the application process varies according to the capabilities of the applicant and the amount of verification ~~that must be supplied~~ required.

(c) If the applicant does not have the kinds and sources of information that are acceptable as a basis for establishing eligibility, the worker discusses with the applicant where information may be obtained and an agreement is reached regarding responsibility for further action.

2.(a) The role of the authorized representative is defined in Supplemental Nutrition Assistance Program (SNAP) rules at OAC 340:50-3-1 and in Child Care Subsidy ~~Program~~ program rules at OAC 340:40-3-1.

(b) Due to the Temporary Assistance for Needy Family (TANF) ~~Program~~ program requirement to assess barriers to employment and service needs of the family, the applicant must complete the application.The worker makes a home visit if it is difficult for the applicant to come to the ~~HSC~~ county office.

3.(a) For the Child Care Subsidy ~~Program~~ program, if due to the severe incapacitation of the parent permission cannot be obtained, the other person applying must provide proof of the parent's inability to apply per ~~OAC 340:40-3-1(a)(3)(E)~~ OAC 340:40-3-1(a)(2)(E).

(b) For SNAP, any responsible household member may apply or designate an authorized representative.If children are living with someone else while the parent is temporarily out of the home, the responsible person they are living with applies based on his or her own eligibility.

4.(a) Methods the applicant may use to apply for SNAP and Child Care Subsidy ~~Program~~ program include:

(1) completing the application electronically by:

(A) accessing www.okdhslive.org; or

(B) getting help from OKDHS or a community partner to complete the application on www.okdhslive.org;

(2) downloading a paper application from OKDHS - Forms and Applications for Service and completing, signing, and bringing, mailing, or faxing it to OKDHS; or

(3) going into the local ~~human services center (HSC)~~ county office to complete the application with a worker using the Family Assistance/Client Services (FACS) system.

(b) Methods the applicant, who is part of the Oklahoma Heath Care Authority (OHCA) ~~Online Enrollment~~ online enrollment population, may use to apply for SoonerCare (Medicaid) include:

(1) completing the application electronically by:

(A) using OHCA ~~Online Enrollment~~ online enrollment;

(B) accessing www.okdhslive.org; or

(C) getting help from OKDHS or a community partner to complete the application on www.okdhslive.org or ~~Online Enrollment~~ online enrollment;

(2) downloading Form SC-1, SoonerCare Health Benefits Application, from OHCA - Forms and Instructions and completing, signing, and mailing it to OHCA or bringing or faxing it to OKDHS; or

(3) going into the local ~~HSC~~ county office to complete the application with a worker using FACS.

(c) Methods the applicant may use to apply for SoonerCare (Medicaid) for all populations not in ~~Online Enrollment~~ online enrollment, State Supplemental Payment, Supplemental Security Income-Disabled Children's Program (SSI-DCP), and TANF include:

(1) downloading Form 08MP001E, Request for Benefits, Form 08MP002E, Eligibility Information for Benefits, and Form 08MP003E, Responsibilities and Signature for Benefits from OKDHS - Forms and Applications for Service and completing, signing, and bringing or mailing them to the local ~~HSC~~ county office; or

(2) going into the local ~~HSC~~ county office to complete the application with a worker using FACS.

(d) Methods the applicant may use to apply for the Low Income Home Energy Assistance Program (LIHEAP) include:

(1) downloading Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) Walk-In Application, from OKDHS - Forms and Applications for Service and completing, signing, and bringing, mailing, or faxing it to OKDHS; or

(2) going into the local ~~HSC~~ county office to complete the application with a worker.

5.(a) In the case of long term care applications, the nursing home may prefer the application be handled locally, but the needs of the applicant take precedence.

(b) Cases for children in OKDHS or tribal custody must remain in the county of jurisdiction.

6.(a) When the applicant applies for TANF in a county other than the one in which he or she lives, the worker and applicant ~~determine~~ together determine whether the applicant is best served by referring him or her to TANF Work activities in the county of residence or in the county in which he or she applied.Determining factors may include the availability of:

(1) services ~~which~~ that best fit the applicant's skills and abilities;

(2) transportation;

(3) appropriate child care; or

(4) where the applicant's support network is located.

(b) When indicated, workers in both counties confer to develop the most appropriate TANF Work plan for the applicant.

7.(a) A signature submitted on Form 08MP001E, Request for Benefits, through email or a fax ~~machine~~ is acceptable to establish a request date for the Child Care Subsidy program or application date for the ~~Child Care Subsidy Program,~~ SNAP, TANF, and SoonerCare (Medicaid) programs.Form 08MA005E, Notification of Needed Medical Services, may also preserve the application date for those SoonerCare (Medicaid) populations not in ~~Online Enrollment~~ online enrollment.

(b) A In addition to an original signature, a signature submitted ~~through~~ on an imaged document by email or a fax ~~machine~~ is acceptable on an initial application for the Child Care Subsidy, SNAP, SoonerCare (Medicaid), or TANF Programs if there is an access issue for an applicant to apply for benefits in person.When an application is emailed or faxed and the applicant comes to the office for an interview, the worker obtains an original signature during the interview.

(c) An electronic signature submitted through OKDHSLive is considered the same as a pen and ink signature.

8.In rare situations, an applicant's name may not match ~~with~~ records used to establish Medicare buy-in and/or data exchange.

(1) For initial applications, if an applicant has Medicare, using the name on the Medicare Health Insurance Benefits (HIB) card facilitates matching Medicare records and completing Medicare buy-in activities if the application is approved.If the applicant does not receive Medicare, the worker uses the name on the Social Security card.

(2) Once the Medicare buy-in is established, if the worker later determines ~~that~~ the case name does not match the HIB card, it is not necessary for the worker to change the case name to match the HIB card.Instead, the worker may report to the ~~State Buy-in Coordinator~~ state buy-in coordinator in Adult and Family ~~Support~~ Services ~~Division (FSSD)~~ (AFS) any discrepancies between the name shown on ~~Family Assistance/Client Services (~~FACS) and the name used for Medicare purposes.

9.(a) When an interview is required for SNAP and the type of proof needed is unknown, the:

(1) county office worker sends Form 08AD091E, Interview Notice, or Form 08AD093E, Telephone Interview Notice, to schedule the interview.The county office worker uses Form 08AD091E instead of Form 08AD093E because:

(A) it provides the option of an office or telephone interview; and

(B) advises the applicant to send proof to the local county office address; and

(2) support center worker sends Form 08AD093E because it only provides the telephone interview option and advises the applicant to send proof to the Customer Services Center address.

(b) Workers scheduling interviews for all programs except SNAP, send Form 08AD092E, Client Contact and Information Request, because this form allows the worker to schedule an office or a telephone interview and request required proof at the same time.

910.(a) OAC 340:50-3-2 addresses when a face-to-face interview may be waived due to hardship and when an interview may be postponed and benefits approved for a household eligible for expedited services.

(b) Once the applicant ~~has been~~ is approved for food benefits, the certification renewal interview may be completed face-to-face or over the telephone.

1011.OKDHS staff take applications, but the OHCA rules engine approves SoonerCare (Medicaid) benefits for households that are part of the ~~Online Enrollment~~ online enrollment population.

1112.The worker is ~~also~~ responsible for:

(1) explaining the availability of child care subsidy benefits and other OKDHS services such as Early and Periodic Screening, Diagnosis and Treatment (EPSDT), and child support enforcement services ~~which~~ that may help the applicant achieve the expected outcomes of self-support and self-sufficiency;

(2) giving applicants with children applying for SoonerCare (Medicaid) or cash assistance for a child under 21 years of age the OKDHS Pub. No. 87-36, Early and Periodic Screening, Diagnosis and Treatment (EPSDT), and the OKDHS Pub. No. 91-25, Child Support Enforcement Handbook; and

(3) giving applicants applying for Soonercare (Medicaid) and a State Supplemental Payment (SSP) for a child under 18 years of age OKDHS Pub. No. 86-150, Supplemental Security Income (SSI)-Disabled Children's Program.

1213.The worker is responsible for determining the month and effective date of the applicant's eligibility or ineligibility.Computer-generated notices are issued based on the reason for the case action.In case of the applicant's death or commitment to a mental health facility, the worker completes a hand-written notice.

1314.Refer to OAC 340:2-5 for fair hearing information.

1415.When the worker completes Form 08AD092E, Client Contact and Information Request, he or she ~~individualizes the form and~~ only checks the items required to determine eligibility for that client based on program specific policy.For example, the worker would not check resources when resources are not a factor of eligibility or self-employment when the client did not report that someone in the household was self-employed.

1516.When the household has lived in another state(s) within the last 12 months, the household must not be approved for the same type of assistance until the worker contacts the former state(s) to determine if the household is currently receiving assistance from that state(s).When the household is receiving assistance, the worker confirms when it will ~~be terminated~~ terminate.The worker does not approve the household for assistance in Oklahoma for the same month.

(1) Receipt of TANF is limited to 60 months when an adult is included in the benefit.Refer to OAC 340:10-7-1 for further information.

(2) Child care subsidy benefits may be approved for the same month since the benefit is paid to the child care provider instead of the client.

(3) Per OAC 340:50-5-28, residents of shelters for battered women and children may be eligible for additional food benefits.

(4) SoonerCare (Medicaid) may be approved for nursing care in Oklahoma for the same month the person received nursing home care in ~~the other~~ another state when the client intends to remain in Oklahoma.

1617.To help ~~make~~ with appropriate referrals, the worker may give the client the OKDHS Pub. No. 09-454, Statewide Helpline Card, or OKDHS Pub. No. 09-454SV in Spanish.

1718.Refer to OAC 340:2-5 for fair hearing information and OAC 340:65-3-7 for denial information.

1819.The worker informs the person ~~that~~ the Social Security number (SSN) of each person whose needs are included for benefits is used for matching with data from the Social Security Administration (SSA) on benefits and wages, Oklahoma Employment Security Commission on unemployment benefits and wages, Internal Revenue Services on unearned income, records from Workers' Compensation Court, and other agencies.

1920.(a) A SSN is not required for illegal aliens who are eligible for SoonerCare (Medicaid) emergency services ~~described in~~ per OAC 317:35-5-25(a)(3) and (4).

(b) There is no SSN requirement for a newborn child deemed eligible for SoonerCare (Medicaid).Refer to OAC 317:35-6-60(4)(B) for additional information on a newborn child deemed eligible.

(c) Refer to OAC 340:40-7-4 for child care benefits.

2021.(a) When there are facts or observations ~~which~~ that cause the worker to question the statement of an applicant ~~who is~~ applying for or receiving TANF, food benefits, or SoonerCare (Medicaid) benefits, the worker is required only to verify the SSN is valid and the name and SSN given by the applicant appear on the document ~~used for verification~~ supplied as proof.The worker verifies the SSN by checking the applicant's Social Security card, award letter, W-2 form, or other record that contains the applicant's name and SSN.Documentation in other public assistance case records or the data exchange files may be used.The source of the documentation is entered in FACS Case Notes.

(1) When an initial document used to verify the name and SSN appears to be false or altered, the worker requests a secondary ~~verification~~ proof document.

(A) If the applicant's name and SSN are the same in both documents, the information is accepted and, if all other factors of eligibility are met, the applicant's needs may be included for benefits.

(B) Further ~~verification~~ proof may be required if a discrepancy message is received because the SSN cannot be verified through the SSN enumeration process.

(C) Refer to additional information at the OKDHS InfoNet ~~FSSD~~ AFS Information Privacy and Security Enumeration Process website.

(2) The worker takes appropriate action as described in paragraph (3) of this Instruction when the applicant:

(A) does not provide the initial or secondary ~~verification~~ proof document;

(B) provides secondary documentation that appears to be false or altered; or

(C) states he or she is using a name and/or SSN that is not his or hers.

(3) When the applicant meets any of the conditions described in paragraph (2) of this Instruction, the worker:

(A) applies a ~~25%~~ 25 percent program penalty to the TANF benefits per OAC 340:10-12-1;

(B) determines the applicant ineligible for food benefits per OAC 340:50-5-68; and

(C) determines the applicant ineligible for SoonerCare (Medicaid) per OAC 317:35-5-27.

(b) When the applicant's citizenship status is in question, refer to ~~(f) of this Section~~ OAC 340:65-3-1(f) and OAC 340:65‑3‑4(5).

2122.(a) To make the referral to SSA for a SSN, the worker uses Form 08AD092E, Client Contact and Information Request, giving the applicant at least ~~ten~~ 10 calendar days to provide proof of applying for a SSN, and Form 08AD101E, SSN Enumeration Referral.The SSA does not assign a SSN to an alien who does not have authorization from the United States Citizenship and Immigration Services (USCIS) to work in the United States (U.S.) unless the alien has a valid non-work reason for needing a SSN.The SSN requirement for receiving benefits or services is a valid non-work reason.When making a referral to SSA for a SSN, the worker indicates the alien status on Form 08AD101E.

(1) When the applicant fails to return Form 08AD101E, no further referral is necessary.Appropriate action is taken.

(2) When Form 08AD101E is returned to OKDHS, it shows whether SSA accepted the SSN application.

(A) If SSA accepted the SSN application, a Social Security card is ~~usually~~ normally issued within two weeks if the person is younger than one year of age.It may take up to 14 weeks to issue an original Social Security card for a person who is one year of age or older. The worker advises the applicant to notify the worker when the Social Security card is received so the SSN may be recorded in the case record.

(B) If SSA did not accept the applicant's SSN application because the applicant:

(i) was unable to provide the required evidence, the worker makes every effort to assist the applicant in obtaining the evidence; or

(ii) failed to cooperate or was not eligible for a SSN, the person's needs are not included for benefits.

(b) Case Worker Activity (CWA) Report 21 lists the names of recipients who are one year of age or older, have received benefits for at least 60 calendar days, and have no SSN shown on FACS.Children younger than one year of age who have no SSN shown on FACS are listed on the CWA report after receiving benefits for six months.

(1) The worker must contact recipients listed on the CWA report to determine whether a number ~~has been~~ was received.

(2) If the number ~~has~~ was not ~~been~~ received, a second request is made to have the SSN returned within ~~ten~~ 10 calendar days.

(3) If the SSN is not received in ~~ten~~ 10 calendar days, the worker takes appropriate negative action.

(4) Initial referrals using Forms 08AD092E and 08AD101E are made for children who were not required to provide a SSN or proof of a SSN application at certification.

2223.Refer to OAC 340:10-3-57(g) for TANF benefit reduction as a result of program violation.

2324.(a) There is no SSN requirement for a newborn child deemed eligible for SoonerCare (Medicaid).Refer to OAC 317:35-6-60.

(b) For food benefits, when it is determined ~~that~~ failure to provide or apply for a SSN is due to non-cooperation, refer to OAC 340:50-5-68.

2425.It is the worker's responsibility to advise the applicant that only the household members applying for benefits must declare their citizenship or alien status.If the applicant does not wish to state whether other persons living in the household are U.S. citizens, he or she is not required to do so in order to receive benefits for the household members applying for benefits.The worker must ~~still~~ determine whether the income and resources of the excluded household members ~~must be~~ are considered using specific program policy.Persons who must be considered household members are found at:

(1) OAC 340:40-7-6 for the Child Care Subsidy ~~Program~~ program;

(2) OAC 340:50-5-1 for SNAP;

(3) OAC 340:20-1-10 for the Low Income Home Energy Assistance Program (LIHEAP);

(4) OAC 340:15-1-5 for the SSP ~~Program~~ program;

(5) OAC 317:35-6-36 and 317:35-7-37 for SoonerCare (Medicaid) ~~Programs~~ programs for pregnant women and families with children;

(6) OAC 317:35-7-36 for SoonerCare (Medicaid) ~~Programs~~ programs for persons categorically related to the aged, blind, or disabled; and

(7) OAC 340:10-3-56 for TANF.

2526.Form 08MP022E, Declaration of Citizenship Status, must be completed by the payee for the additional household member prior to benefits being added regardless of the person's age unless the request is made on OKDHSLive!.When the additional household member is reported on OKDHSLive!, Form 08MP022E is not required as the client declares the citizenship status of the person on the system and electronically signs the request.For persons 14 years of age and older, a data match with SSA must occur or they must meet requirements at ~~(g)(3) of this Section~~ OAC 340:65-3-1(g)(3) prior to approving the person for benefits.

2627.Only the applicant's identity ~~of the applicant~~ must be verified prior to the issuance of expedited food benefits per OAC 340:50-11-5.All reasonable efforts are made to verify other eligibility factors prior to issuance of benefits.

2728.Refer to ~~(e)(2)~~ OAC 340:65-3-1(e)(2) and Instructions to Staff (ITS) # 6 through 11 of this Section and OAC 340:65-3-4(4)(A) and ITS # 9 for information about SSN enumeration and the penalty for not furnishing a verifiable SSN.

2829.(a) Notary services must be made available at the ~~HSC~~ county office.

(b) When the worker is unable to match the SSN for a person under 14 years of age, benefits may be approved when allowed by the program.Refer to ~~(f)~~ OAC 340:65-3-1(f) and ITS # 12 in this Section for further information.

(c) Benefits are not issued for persons 14 years of age and older until lawful status is verified.

2930.When benefits for the entire household must be denied or closed, the worker uses the reason code 31 or 40 from OKDHS Appendix U, Reasons for Negative Benefit Actions.When the worker is denying or removing one or more persons from the benefits, the worker goes to the Household Tab in the Family Assistance/Client Services (FACS) Interview Notebook and removes the person from the benefit using the reason "failed or refused to provide proof of citizenship."

340:65-3-2.1.Counting days for providing ~~verification~~ proof, interview dates, and application time limits

Revised ~~6-1-11~~ 6-1-13

When counting days for providing ~~verification~~ proof, interview dates, and application time limits, the worker does not count the first day in the time period but does count the last day unless the Oklahoma Department of Human Services (OKDHS) is not open for business on that date.When the office is not open on the last day of the time period, the client is given until the next business day to comply with eligibility requirements.

(1) Providing ~~verification~~ proof.When the client must provide information to verify his or her situation before receiving or continuing to receive benefits, the worker gives the client at least ten calendar days to provide needed ~~verification~~ proof.¢ 1

(2) Interview date. When the client must be interviewed, the worker sets the earliest possible interview date ~~at least ten calendar days in the future unless an earlier date is agreed upon by the worker and the client~~ allowing for sufficient mail delivery time when the client cannot be reached by telephone.¢ 2

(A) ~~When~~ For the Supplemental Nutrition Assistance Program (SNAP) when the client appears eligible for expedited services, the interview must be completed ~~as soon as possible not to exceed~~ within seven calendar days.¢ 2 The interview date for households ineligible for expedited services must be scheduled no later than the 20th calendar day from the date of application.

(B) Every effort is made to interview a person applying for Child Care Subsidy benefits on therequest date per OAC 340:40-3-1 since the earliest date benefits are approved is the date the interview is completed and all necessary proof is provided.

(3) Application time limits.Refer to OAC 340:65-3-5 for application processing time limits.To be considered timely, the worker must certify or deny an application no later than the last business day of the time limit.When the time limit ends on a day OKDHS is not open for business, the client has until the next business day to comply with eligibility requirements.¢ 3

INSTRUCTIONS TO STAFF 340:65-3-2.1

Revised ~~7-1-12~~ 6-1-13

1.The worker gives or sends the client Form 08AD092E, Client Contact and Information Request, to ~~advise of~~ request needed ~~verification~~ proof.The worker ~~individualizes the form and~~ only checks the items required to determine eligibility for that client based on program specific policy.For example, the worker does not check resources when resources are not ~~a factor of~~ an eligibility factor or self-employment when the client did not report that someone in the household was self-employed.

(1) When the client fails to provide all or part of the requested ~~verification~~ proof, the worker does not send a new Form 08AD092E.

(2) When the worker requests ~~verification that was~~ proof not listed on the original Form 08AD092E, he or she must provide a new Form 08AD092E giving the client at least ~~ten~~ 10 calendar days to provide the additional information.

(3) When the client contacts the worker to check on the status of the application, the worker verbally advises the client of any remaining required ~~verification still needed~~ proof and what day is the 30th calendar date following the application date.The worker may also resend the original Form 08AD092E with the ~~verification~~ proof not provided circled when there is a reasonable period of time for the client to receive the form and respond.

(4) In order to provide better customer service when time permits, the worker may initiate a call to the client to advise him or her of ~~still needed verification~~ remaining required proof and what day is the 30th calendar date following the application date.The worker does not resend the original Form 08AD092E unless he or she is first able to explain why it is being sent and there is a reasonable period of time for the client to receive the form and respond.Per OAC 340:65-1-2 Instructions to staff # 7, an email reminder may also be sent.

(5) The worker must record all face-to-face, verbal, and written client contacts in Family Assistance/Client Services (FACS) Case Notes including:

(A) the date of the contact;

(B) whether the contact was face-to-face, verbal, or in writing;

(C) whether the contact was worker or client initiated; and

(D) when verbal:

(i) any information provided by the client regarding eligibility;

(ii) what the worker advised the client regarding ~~outstanding~~ ~~verification~~ remaining required proof, if applicable;

(iii) whether the worker resent the original Form 08AD092E or sent a new Form 08AD092E requesting additional ~~verification~~ proof; and

(iii) any other information the worker gave regarding the application process and time frame.

2.(a) When an interview is required for Supplemental Nutrition Assistance Program (SNAP) and the type of proof needed is unknown, the:

(A) it provides the option of an office or telephone interview; and

(B) it advises the applicant to send proof to the local county office address; and

(2) the support center worker sends Form 08AD093E because it only provides the telephone interview option and advises the applicant to send proof to the Customer Services Center address.

(c) When an earlier interview date is agreed upon and negative action is taken because the client misses the interview, FACS Case Notes must document when the client agreed to the earlier interview date.For ~~the Supplemental Nutrition Assistance Program (~~SNAP), when a scheduled interview is missed, the FDENY transaction is used which then issues the Notice of Missed Interview (NOMI).

3.(a) When the client has been given at least ten calendar days to comply with eligibility requirements, the worker may deny the application on or before the last day of the application time limit unless the application cannot be processed timely for one of the reasons ~~given at~~ per OAC 340:65-3-5(1)(B).

(1) If When the client complies with eligibility requirements on the last day of the time limit, ~~or, when the time limit ends on a day the Oklahoma Department of Human Services is closed, the first business day after the time limit ends,~~ the worker approves benefits ~~are approved~~ back to the first day allowed by specific program requirements.

(2) When the Oklahoma Department of Human Services (OKDHS) offices are closed on the last day of the time limit and the client complies with eligibility requirements by the next business day, the worker approves benefits back to the first day allowed by specific program requirements.

(b) When FDENY is used for SNAP and the last day of the application time limit falls on a day OKDHS is not open, the system waits to deny the application until the next business date. When FDENY is used, the timeliness report shows the application was completed timely.

340:65-3-5. Application process

Revised ~~6-1-11~~ 6-1-13

~~Each application is processed by a certification of eligibility or ineligibility unless denied at the applicant's request~~ The worker certifies or denies an application received online or in the local county office within time limits specified in paragraph (1) of this Section.

(1) Application processing time limits.An application must be processed within ~~certain~~ program specific time limits.Refer to OAC 340:65-3-2.1, when the last day of the time limit falls on a day the Oklahoma Department of Human Services (OKDHS) is not open for business.

~~(A) When it is not possible to process the application timely, the applicant is notified in writing of the specific reasons for the delay.~~¢ 1The applicant is also informed of his or her right to request a fair hearing and the procedures for requesting the hearing.An application is completed timely if the first month's benefits or notice of eligibility or ineligibility is processed within specified time limits.The time limits are:

~~(i)~~(A) Temporary Assistance for Needy Families (TANF) - 30 calendar days;

~~(ii)~~(B) Title IV-E Foster Care - 30 calendar days;

~~(iii)~~(C) Energy Crisis Assistance Program (ECAP) - 48 hours;

~~(iv)~~(D) Supplemental Nutrition Assistance Program (SNAP) - 30 calendar days unless the household is eligible for expedited service.When the household is eligible for expedited service, the application must be completed within seven calendar days per OAC 340:50-11-4;

~~(v)~~(E) SoonerCare (Medicaid) benefits for:

~~(I) presumptive eligibility for pregnant women - 5 working days;~~

~~(II)~~(i) persons categorically related to Aid to the Aged - 30 calendar days;

~~(III)~~(ii) persons categorically related to Aid to the Blind or Disabled - 60 calendar days;

~~(IV)~~(iii) Optional Tuberculosis (TB) Coverage group - 45 calendar days; and

~~(V)~~(iv) persons requesting long-term care services - 45 calendar days;

~~(vi) Diversion Assistance - 7 working days;~~

~~(vii)~~(F) TANF Emergency Assistance - 5 five working days;

~~(viii)~~(G) Low Income Home Energy Assistance Program (LIHEAP) - 10 calendar days of:

~~(I)~~(i) the date of application when all ~~verification~~ required proof is provided at the time of application; or

~~(II)~~(ii) ~~giving~~ hand-delivering or mailing Form 08AD092E, Client Contact and Information Request, to the applicant requesting ~~needed verification~~ required proof;

~~(ix)~~(H) Refugee Medical Assistance - 30 calendar days; and

~~(x)~~(I) Child Care subsidy benefits - ~~2 working~~ two business days from the date the interview is completed and required ~~verification~~ proof is provided or, if not provided, within 30 calendar days.

(2) Delayed applications. When it is not possible to process the application timely, the worker sends the applicant Form 08MP038E, Client Notice of Action Taken, advising the reason for the delay and the applicant's hearing rights.

~~(B)~~ An application is not denied when it cannot be processed timely due to:¢ 21

~~(i)~~(A) circumstances beyond the control of the applicant ~~which~~ that result in failure or delay on the part of the applicant to provide needed information;

~~(ii)~~(B) failure or delay on the part of an examining physician to supply needed information;

~~(iii)~~(C) failure or delay on the part of the Social Security Administration in making a disability decision ~~on disability~~; or

~~(iv)~~(D) administrative or other emergency that could not reasonably be controlled by the ~~local human services center (HSC)~~ worker.

~~(2)~~(3) Certification ~~of eligibility~~ for cash assistance.When all conditions of TANF eligibility are established for the month of application, certification is effective the date of application and benefits are prorated from the date of application.¢ 32When all conditions of SSP eligibility are established for the month of application, certification is effective from the first day of the month and the SSP is not prorated.

(A) Certification cannot be effective prior to the application date.

(B) When an application is taken for TANF and all other conditions of eligibility are determined prior to a child's entry to the home, the certification date cannot be prior to the actual date of entry.

(C) A retroactive payment may be authorized for any month eligibility is established.An application denied in error must have payment authorized for the period eligibility is established.The applicant is not penalized if the certification is delayed beyond the time limit for disposition due solely to OKDHS failure to take timely action.

(D) A certification is valid even if a month of ineligibility is determined between application and authorization.An applicant, who is ineligible for the month of application but is eligible for a subsequent month, is certified effective the first day of the subsequent month.

~~(3)~~(4) ~~Certification~~ Notice of ineligibility.When an applicant is ineligible, a computer-generated notice is sent to the applicant ~~giving~~ providing the effective date and explaining the reason for ineligibility.If the applicant is dissatisfied with the action taken, the applicant may request a fair hearing within the period of time specified in the notice.¢ 43

~~(4)~~(5) Proration of TANF benefits.The proration of TANF benefits applies when the applicant is determined eligible during the month of application unless the applicant received a TANF benefit for the previous month and is eligible to be reopened per OAC 340:65-5-6.Certification is effective from the date of application.Proration also applies when a person is added to an existing case.¢ 54The family is eligible for the full TANF benefit effective the following month if applicable.

(A) For the month of application only, the TANF benefits are prorated from the date of application.The TANF benefits ~~that~~ the recipient would be eligible to receive if proration did not apply must be determined prior to the computation.¢ 65

(B) The formula used to determine the prorated amount is: 31 - application date x TANF money benefit ¸ 30 = the prorated payment.The prorated payment is rounded down to the lower dollar amount.

(i) If the prorated benefit is below $10, the family is not eligible for a money payment but is eligible for SoonerCare (Medicaid) benefits for the entire month.

(ii) When food benefits are requested in the TANF case for the month the TANF payment is prorated, the food benefit unearned income is automatically updated to show the TANF benefit before proration.

(iii) The notification to the client is computer-generated and shows the amount for the initial month and following month.

INSTRUCTIONS TO STAFF 340:65-3-5

Revised ~~6-1-11~~ 6-1-13

1.~~The worker sends the applicant Form 08MP039E, Notice to Client of Action Taken, giving the reason for delay.~~

2.Case Notes in the Family Assistance/Client Services (FACS) system must clearly ~~show~~ document what circumstances ~~brought about~~ caused the delay.For specific food benefit procedures refer to OAC 340:50.

32.Refer to OAC 340:65-3-5(4) for proration of benefits.

43.Refer to OAC 340:2-5 for fair hearing procedures.

54.(a) Food benefits are added per OAC 340:50-9-5(d).

(b) Oklahoma Department of Human Services (OKDHS) Appendix B, Prorated TANF and Food Benefit Payment, may be used to calculate the prorated benefit.

(c) Refer to OAC 340:10-2-2 when the client's Temporary Assistance for Needy Families ~~(TANF)~~ benefit is being reopened after a sanction.

65.Refer to OKDHS Appendix C-1, Schedule of Maximum Income, Resource, and Payment Standards, Schedule IXA.

340:65-3-7. Denial of application

Revised ~~7-1-12~~ 6-1-13

(a) If the applicant is unwilling to cooperate in establishing eligibility, or if eligibility cannot be established, the worker denies the application.A computer-generated notice of denial is sent to the applicant or his or her representative.In case of an applicant's death, the worker sends a letter to the applicant's authorized representative or nearest relative.¢ 1

(1) Refer to OAC 340:65-3-2 for the definition of what constitutes an application for each program.

(2) Before denying an application with incomplete ~~verification~~ documentation, the worker must provide the applicant Form 08AD092E, Client Contact and Information Request, giving at least ~~ten~~ 10 calendar days to provide the missing ~~verification~~ proof.When the applicant requests assistance in obtaining ~~verification~~ proof, the worker must assist the applicant.

(3) When an applicant verbally asks to withdraw his or her application before eligibility is determined, the worker asks the applicant to put the withdrawal request ~~for withdrawal~~ in writing.The worker denies the application based on the reason given by the applicant.¢ 2

(4) When the worker is unable to locate the applicant to complete the application, he or she denies the application.¢ 3

(5) The applicant may request a fair hearing within the specified time of the notice when he or she disagrees with the action taken.Refer to OAC 340:2-5 for fair hearing procedures.

(b) A new application is not required when the household completes the application process and is determined eligible within 60 calendar days of the initial application date.When eligibility is not determined by the 30th day, if specified by the program, benefits are prorated from the date eligibility is determined.¢ 4

Instructions to staff 340:65-3-7

Issued ~~7-1-12~~ 11-1-13

1.(a) ~~The~~ When the request for benefits is denied for all household members, the worker refers to Appendix U, Reasons for Negative Benefit Actions, to choose the most appropriate reason for denial.

(b) When benefits are denied for one or more household members but approved for others, the worker chooses the most appropriate denial reason from the drop down menu in the "benefit reason" field of the Family Assistance/Client Services (FACS) Household tab for that person.

(c) Refer to OAC 340:65-3-9 for a list of the variable conditions of eligibility for each program.

2.(a) The worker denies the application whether or not the applicant puts the denial request in writing.

(b) The worker documents in Family Assistance/Client Services case notes the:

(1) date the applicant verbally requests denial of the application;

(2) reason given; and

(3) worker's request to put the denial request in writing.

3.The worker denies the application for this reason when there are indications the applicant does not live at the address given.Possible indications include ~~being notified by the~~ post office notification that mail is undeliverable, attempting to verbally contact the client and the telephone number given ~~has been~~ is disconnected, or attempting to make a home visit and the residence appears ~~to be~~ vacant.The worker records in FACS case notes why he or she denied the application for ~~this reason~~ these reasons.

4.When eligibility is not determined until after the 30th calendar day, the worker enters as the application date, the date the applicant provides necessary information to be determined eligible.

340:65-3-8. Determination of continuing eligibility

Revised ~~7-1-12~~ 6-1-13

(a) Determination of continuing eligibility.Determining continuing eligibility is a process ~~which~~ that must be carried out at appropriate intervals.The appropriate interval for reviewing eligibility depends on the type of benefit received.The worker is responsible for:

(1) advising the recipient at each contact of his or her responsibility to report changes within ~~ten~~ 10 calendar days of the date the change becomes known;

(2) making ~~contacts at unspecified intervals~~ contact with the recipient when possible changes are indicated to ensure continuing eligibility;

(3) synchronizing the ~~review~~ renewal dates for all benefits received by the household when possible;¢ 1 and

(4) determining continuing eligibility.

(b) ~~Review or Supplemental Nutrition Assistance Program (SNAP) certification renewal~~ Benefit renewal time frames.The periodic ~~review or SNAP certification~~ renewal time frame varies depending on the program.

(1) A ~~review~~ benefit renewal must be completed at ~~six month~~ six-month intervals with a:

(A) Temporary Assistance for Needy Families (TANF) recipient due to:

(i) pending required immunizations per OAC 340:10-14-1;

(ii) payment standard reductions because of program violations per OAC 340:10-3-57(g);

(iii) hardship extension approvals per OAC 340:10-3-56(a)(2)(E);

(iv) earned income per OAC 340:10-3-31 through 340:10-3-40; or

(v) a work-eligible person exempt from TANF Work activities because of his or her incapacity or to care for a disabled family member living in the household per OAC 340:10-2-1;

(B) child care recipient per OAC 340:40-9-1; or

(2) A ~~review or SNAP certification~~ benefit renewal must be completed at 12-month intervals, unless an earlier ~~review~~ renewal date is warranted, with a:

(A) TANF recipient;

(B) State Supplemental Payment (SSP) recipient;

(D) food benefit household subject to an annual ~~review~~ mid-certification renewal per OAC 340:50-9-5(g) and (h);

(E) food benefit household whose Supplemental Nutrition Assistance Program (SNAP) certification renewal must be completed at ~~12-months~~ 12 months per OAC 340:50-9-6; or

(F) SoonerCare (Medicaid) recipient per OAC 317:35.¢ 2

(3) The worker completes a SNAP certification renewal at ~~24 month~~ 24-month intervals for households subject to an annual ~~review~~ mid-certification renewal per OAC ~~340:50-9-6~~ 340:50-9-5(g) and (h).

(c) ~~Eligibility review or SNAP certification renewal~~ Benefit renewal notification.The recipient is sent notification when the ~~review or SNAP certification~~ benefit renewal~~, subsidized child care benefits, TANF, SSP, or SoonerCare (Medicaid) benefits.The~~ is due, advising the recipient he or she must complete the ~~review or SNAP certification~~ benefit renewal within a certain time frame in order to continue receiving benefits.¢ 3

(1) The worker sends Form 08AD092E, Client Contact and Information Request, to:

(A) SoonerCare (Medicaid) long-term care and other recipient groups, not in online enrollment;

(B) SSP recipients; and

(2) The computer-generated notice titled "Renew My Benefits" is sent to:

(A) child care recipients;

(B) SoonerCare (Medicaid) recipients in the online enrollment population; and

(3) The computer-generated notice titled "Continue My SNAP Benefits" is sent to food benefit recipients due for certification renewal.

(d) Signature requirements.The recipient, guardian, or a person acting on the recipient's behalf, such as an authorized representative or a person with power-of-attorney, must sign the ~~review~~ benefit renewal for all programs except TANF.TANF ~~reviews~~ renewals must be signed by the recipient.If the recipient is living with his or her spouse, both must sign the ~~review~~ renewal.¢ 4

(e) Interview requirements.Whether an interview is required for a ~~review or SNAP certification~~ benefit renewal varies depending on the program.¢ 5

(1) A face-to-face interview is required for the:

(A) TANF ~~Program~~ program; or

(B) Supplemental Security Income-Disabled Children's Program SSI-DCP service plan ~~review~~ renewal per OAC 340:70‑8-1.

(2) A telephone or face-to-face interview is required at SNAP certification renewal except for (e)(3)(C) of this Section.

(3) An interview is not required for:

(A) any of the SoonerCare (Medicaid) programs as long as the ~~review~~ renewal is complete, including the signature, all required ~~verification~~ proof provided, and none of the information is questionable.When information is not complete or is questionable, the worker contacts the recipient to obtain ~~needed information~~ required proof;¢ 6

(B) the Child Care Subsidy ~~Program reviews~~ program renewals unless the child care recipient receives child care benefits because of a protective or preventive reason per OAC 340:40-7-8; or

(i) ~~review, not a SNAP certification~~ mid-certification renewal, at ~~six~~ six- or 12-month intervals; or

(ii) SNAP certification renewal when all household members are elderly or disabled and there is no earned income in the household.

(f) Eligibility determination.~~An eligibility determination is made once~~ The worker determines eligibility after the ~~review or SNAP certification~~ benefit renewal is signed, all required ~~information has been~~ proof is provided, an interview, if required, is conducted, and all information evaluated.¢ 7

(1) The eligibility determination may be to:

(A) complete the ~~review~~ benefit renewal without changes;

(B) complete the ~~review~~ benefit renewal with changes; or

(2) Benefits closed may be reopened when the recipient provides required ~~information~~ proof by the last day of the month of closure.¢ 9

INSTRUCTIONS TO STAFF 340:65-3-8

Revised ~~7-1-12~~ 6-1-13

1.Synchronizing ~~review~~ benefit renewal dates for all programs provides better client service as it reduces the number of times the client must complete a benefit renewal.

2.For SoonerCare (Medicaid) rules, refer to:

(1) OAC 317:35-6-61 for SoonerCare (Medicaid) benefits for pregnant women and families with children;

(2) OAC 317:35-7-62 for a child in state or tribal custody;

(3) OAC 317:35-7-61 for SoonerCare (Medicaid) programs that categorically relate to the aged, blind, or disabled population such as:

(A) State Supplemental Payment (SSP);

(B) Qualified Medicare Beneficiary (QMB);

(C) Specified Low-Income Medicare Beneficiary (SLMB);

(D) Qualified Disabled and Working Individuals (QDWI); and

(E) Qualified Medicare Beneficiary Plus (QMBP);

(4) OAC 317:35-15-7 and 317:35-15-9 for Personal Care;

(5) OAC 317:35-17-12 and 317:35-17-15 for Advantage Waiver; and

(6) OAC 317:35-19-22 and 317:35-19-23 for nursing facility services.

3.Methods the recipient may use to submit the ~~review,~~ benefit renewal~~, or Supplemental Nutrition Assistance Program (SNAP) certification renewal~~ for the:

(1) SNAP, Child Care Subsidy ~~Program~~ program, and the SoonerCare (Medicaid) population in Oklahoma Health Care Authority (OHCA) ~~Online Enrollment~~ online enrollment include:

(A) completing the ~~review,~~ benefit renewal~~, or SNAP certification~~ ~~renewal~~ electronically, when available, by:

(i) accessing www.okdhslive.org; or

(ii) getting help from OKDHS or a community partner to access www.okdhslive.org;

(B) downloading Form 08MP004E, Renew My Benefits, from OKDHS - Forms and Applications for Service and completing, signing, and ~~bringing~~ hand-delivering, mailing, or faxing it to OKDHS; or

(C) going into the local ~~human services center (HSC)~~ county office or another ~~HSC~~ county office more convenient for the client to complete the ~~review or~~ benefit renewal with a worker using the Family Assistance/Client Services (FACS) system;

(2) SoonerCare (Medicaid) population in ~~Online Enrollment~~ online enrollment may also include:

(A) using OHCA ~~Online Enrollment~~ online enrollment; or

(B) downloading Form SC-1, SoonerCare Health Benefits Application from OHCA - Forms and Instructions, and completing, signing, andmailing it to OHCA or ~~bringing~~ hand-delivering it to OKDHS;

(3) ~~SNAP certification renewal,~~ Benefit renewals for SSP, Temporary Assistance for Needy Families (TANF), or SoonerCare (Medicaid) ~~review for~~ populations not in OHCA ~~Online Enrollment~~ online enrollment include:

(A) downloading Form 08MP001E, Request for Benefits, Form 08MP002E, Eligibility Information for Benefits, and Form 08MP003E, Responsibilities and Signature for Benefits from OKDHS - Forms and Applications for Service, and completing, signing, and bringing, mailing, or faxing them to OKDHS; or

(B) going into the local ~~HSC~~ county office to complete the ~~review~~ benefit renewal with a worker using the Family Assistance/Client Services (FACS) system;

(4) SSP and SoonerCare (Medicaid) populations not in ~~Online Enrollment~~ online enrollment also include downloading Form 08MA001E, Medical Assistance Benefit Review Report, from OKDHS - Forms and Applications for Service and completing, signing, and ~~bringing~~ hand-delivering, mailing, or faxing it to OKDHS; or

(5) Supplemental Security Income-Disabled Children's Program (SSI-DCP) include the worker and family completing Form 08MA017E, SSI-DCP Service Plan.

4.(a) An electronic signature is considered the same as a pen and ink signature.

(b) ~~No additional information is entered~~ The worker documents in FACS Case Notes any additional proof received after the recipient signs the ~~review.Additional~~ benefit renewal ~~information is entered in FACS Case Notes~~.

5.(a) When an interview is required for SNAP and the type of proof needed is unknown, the:

(A) it provides the option of an office or telephone interview; and

(B) advises the applicant to send proof to the local county office address; and

(2) support center worker sends Form 08AD093E because it only provides the telephone interview option and advises the applicant to send proof to the Customer Services Center address.

~~(a)~~(c) When an interview is required, information discussed with the recipient to determine if changes are needed includes:

(1) information or ~~verification~~ proof provided by the recipient;

(2) information contained on the data exchange screens, when inconsistent with recipient statement; and

(3) for TANF, the recipient's TANF Work plan.

~~(b)~~(d) If When information is questionable, contact with collaterals or making a home visit may be advisable.Refer to OAC 340:65-3-4 for home visit requirements and information about data exchange screens.

~~(c)~~(e) When the recipient receives some benefits that require an interview and some that do not, for the benefits that:

(1) ~~for the benefits that~~ require an interview, the ~~review~~ benefit renewal is not complete until the interview ~~has been~~ is conducted; and

(2) ~~for the benefits that~~ do not require an interview, the ~~review~~ benefit renewal may be completed prior to the interview for the other benefits.

6. Attempts to contact the recipient to determine continued eligibility may be in person or over the telephone.FACS Case Notes is documented with all factors of eligibility and any contact with the recipient.

7.(a) Once the recipient completes the ~~review,~~ benefit renewal~~, or SNAP certification renewal~~, the information is analyzed to determine for each program benefit:

(1) what changes ~~have~~ occurred;

(2) whether the recipient provided all required ~~verification~~ proof;

(3) whether an interview, if required, occurred; and

(4) what changes must be made on the system.

(b) The ~~review,~~ benefit renewal~~, or SNAP certification renewal~~ is complete after:

(1) information contained on the ~~review,~~ benefit renewal~~, or SNAP certification renewal~~, in the verification provided, and on data exchange screens ~~have been~~ were evaluated for changes;

(2) all ~~review~~ benefit renewal information, including changes, ~~have been~~ were entered in the Interview and Eligibility Notebooks of the Family Assistance/Client Services (FACS);

(3) any additional information ~~has been~~ was entered in FACS Case Notes to explain any changes made and how continued eligibility was determined; and

(4) the system is updated using instructions found on the ~~Family Support Services Division (FSSD)~~ Adult and Family Services (AFS) Application Development and Operations (ADO) Infonet web page under Systems Help for FACS and OKDHSLive!.

(5) CWA reports are available to help workers track the status of pending ~~reviews,~~ benefit renewals~~, or SNAP certification renewals~~.Information regarding each CWA report is available on the ~~FSSD~~ AFS Business Knowledge and User Support Infonet web page under CWA and ACES Reports.

8.(a) When ~~it's~~ it is determined the ~~review,~~ benefit renewal~~, or SNAP certification renewal~~ is incomplete because the recipient failed to sign the ~~review,~~ benefit renewal~~, or SNAP certification renewal~~, did not provide all required ~~verification~~ proof, or did not complete a required interview, the worker attempts ~~are made~~ to contact the recipient to advise what is lacking, if possible.~~FACS Case Notes are documented with~~ The worker documents what is lacking and ~~all~~ any attempts to obtain needed ~~information~~ proof in FACS Case Notes.

(b) When the recipient does not provide required ~~information~~ proof timely, benefits are closed with the next effective date.

9.(a) After closure, benefits may be reopened when the recipient provides the required ~~information~~ proof by the last day of the month of closure.

(1) Benefits are reopened to the date of closure for SoonerCare (Medicaid) populations not in ~~Online Enrollment~~ online enrollment, Child Care Subsidy, TANF, and SSP.

(2) For SNAP, benefits are reopened and prorated to the date the recipient provided all required ~~information~~ proof.

(b) The recipient must reapply when he or she waits until after the last day of the month of closure to provide needed ~~information~~ proof.

340:65-3-9. Variable conditions of eligibility

Revised ~~6-1-11~~ 6-1-13

The conditions of eligibility subject to change and review are:

(1) income and resources;¢ 1

(2) state residence;¢ 2

(3) residence in a public institution;¢ 3

(4) blindness and disability in State Supplemental Payment (SSP) and incapacity in Temporary Assistance for Needy Families (TANF) are based on continuous receipt of a disability payment from the Social Security Administration or decision of the Oklahoma Health Care Authority, Level of Care Evaluation Unit;¢ 4

(5) concurrent receipt of assistance;

(6) age;¢ 5

(7) living in the home of a relative for TANF per OAC 340:10-9-1;

(8) school attendance for each minor child in TANF per OAC 340:10-13-1;

(9) immunizations for each minor child receiving TANF per OAC 340:10-14-1;

(10) deprivation of parental support for TANF per OAC 340:10-10-1 through 340:10-10-7;

(11) participation in a TANF Work activity for TANF per OAC 340:10-2-1 through 340:10-2-8;

(12) need for child care per OAC 340:40-7-7 and 340:40-7-8;

(13) lawful status for non-citizens;¢ 6

(14) household composition;¢ 7 ~~and~~

(15) pursuit of child support; and

(16) mandatory screening of adult parents or needy caretakers who apply for or receive TANF cash assistance for the illegal use of a controlled substance or substances per OAC 340:10-4-1.

INSTRUCTIONS TO STAFF 340:65-3-9

Issued ~~6-1-11~~ 6-1-13

1.The conditions of eligibility of income and resources are reviewed per:

(1) OAC 340:10-3-26 through 340:10-3-40 regarding income and OAC 340:10-3-1 through 340:10-3-10 regarding resources for the Temporary Assistance for Needy Families (TANF) ~~Program~~ program;

(2) OAC 340:15-1-4, 340:15-1-6, and 317:35-7-38 regarding income and OAC 340:15-1-14 and 317:35-7-38 regarding resources for the State Supplemental Payment (SSP) ~~Program~~ program;

(3) OAC 340:40-7-10 through 340:40-7-13 regarding income and OAC 340:40-7-5 regarding resources for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-5-42 for the populations related to aged, blind, or disabled (ABD) including long term care and OAC 317:35-10-26 for the ~~Online Enrollment~~ online enrollment population regarding income and OAC 317:35-5-41 through 317:35-5-41.11 for populations related to ABD, OAC 317:35-17-10 and 317:35-19-20 for the long term care population, and OAC 317:35-10-10 for the ~~Online Enrollment~~ online enrollment population regarding resources for the SoonerCare (Medicaid) ~~Program~~ program; and

(5) OAC 340:50-7-22 through 340:50-7-31 regarding income and OAC 340:50-7-1 regarding resources for the Supplemental Nutrition Assistance Program (SNAP).

2.The condition of eligibility of state residence is reviewed per:

(1) OAC 340:10-7-1 for the TANF ~~Program~~ program;

(2) OAC 317:35-5-26 for the SSP and SoonerCare (Medicaid) ~~Programs~~ programs;

(3) OAC 340:40-7-5 for the Child Care Subsidy ~~Program~~ program; and

(4) OAC 340:50-5-66 for SNAP.

3.When a recipient becomes a resident of a public institution he or she is not eligible for benefits per:

(1) OAC 340:65-5-1 for the TANF;

(2) OAC 340:15-1-5, 317:35-5-26, and 340:65-5-1 for the SSP ~~Program~~ program;

(3) OAC 317:35-5-26 for SoonerCare (Medicaid) ~~Program~~ program; and

(4) OAC 340:50-5-7 for SNAP.

4.The condition of eligibility of blindness, disability, or incapacity is reviewed per:

(1) OAC 340:15-1-5 and 317:35-5-4 for the SSP ~~Program~~ program; and

(2) OAC 340:10-10-2 for the TANF ~~Program~~ program.

5.The condition of eligibility of age is reviewed per:

(1) ~~OAC 340:10-15-1~~ OAC 340:10-5-1 for the TANF ~~Program~~ program;

(2) OAC 340:15-1-6 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-3 for the Child Care Subsidy ~~Program~~ program; and

(4) OAC 340:50-7-31 for SNAP.

6.The condition of eligibility of lawful status for non-citizens is reviewed per:

(1) OAC 340:10-15-1 and 340:65-3-1 for the TANF ~~Program~~ program;

(2) OAC 340:65-3-1 and 317:35-5-25 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-5 and 340:65-3-1 for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-5-25 for the SoonerCare (Medicaid) ~~Program~~ program; and

(5) OAC 340:50-5-67 and 340:65-3-1 for SNAP.

7.The condition of eligibility of household composition is reviewed per:

(1) OAC 340:10-3-56 and 340:10-3-57 for the TANF ~~Program~~ program;

(2) OAC 340:15-1-5 and 317:35-7-36 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-6 for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-7-36 for the population related to ABD, OAC 317:35-17-9 and 317:35-19-20 for the long term care population, and OAC 317:35-6-36 for the ~~Online Enrollment~~ online enrollment population for the SoonerCare (Medicaid) ~~Program~~ program; and

(5) OAC 340:50-5-1 through 340:50-5-10.1 for SNAP.

SUBCHAPTER 5. PROCEDURES RELATING TO CASE CHANGES

PART 1. GENERAL PROVISIONS

340:65-5-1. Case changes

Revised ~~7-1-12~~ 6-1-13

(a) The client must report within ~~ten~~ 10 calendar days any changes in his or her circumstances that would result in an increase or decrease in benefits.For the Supplemental Nutrition Assistance Program (SNAP), ~~see~~ refer to OAC 340:50-9-5 for reporting exceptions.¢ 1The worker gives the client ~~ten~~ 10 calendar days to provide any required proof.The worker promptly acts on changes that increase or decrease benefits or result in benefit closure.To be considered prompt, the change must be made within ~~ten~~ 10 calendar days of the date the change was reported and required proof was received.¢ 2Failure to report changes timely may result in an overpayment assessment against the client.¢ 3Examples of changes the client must report include:

(1) household income;¢ 4

(2) household resources;¢ 5

(3) household composition;¢ 6

(4) the client's address or telephone number;¢ 7

(5) legal alien status of non-citizens;¢ 8

(6) insurance coverage;¢ 9

(7) in addition, for the for the Temporary Assistance for Needy Families (TANF) ~~Program~~ program:

(A) deprivation of parental support;¢ 10

(B) when the TANF Work activity stops or starts; and¢ 11

(8) in addition for the Child Care Subsidy ~~Program~~ program the:¢ 13

(A) names of household members in child care;

(B) reason child care is needed ~~for the Child Care Subsidy Program~~;

(C) the parent's or caretaker's work or school schedule or any other change affecting the days and hours child care is needed; and

(D) name of the child care facility the child is attending.

(b) After certification, all reported changes, except those reported prior to certification, must be processed by deadline dates shown on Oklahoma Department of Human Services (OKDHS) Appendix B-2, Deadlines for Case Actions, to be effective the first day of the month following the deadline.

(1) A computer-generated notice is sent to advise the client of any increase or decrease in benefits.A computer-generated notice is not sent when the action taken does not affect the benefit level.

(2) Advance notice is required when the action taken reduces, closes, or suspends benefits for a reason other than those listed under (b)(3) of this Section.When advance notice is required, deadline dates shown in OKDHS Appendix B-2, Schedule I apply.

(3) When advance notice is not required, deadline dates shown in OKDHS Appendix B-2, Schedule II apply.Advance notice of action is not required when the action taken does not suspend, close, or reduce benefits, or is because of:

(A) the death of ~~a client or Temporary Assistance for Needy Families (TANF)~~ all members included in the benefit;

(B) the death of the TANF payee when there is not a relative available to serve as a new payee;

~~(B)~~(C) transfer of benefits from one category of assistance to another without a resulting decrease or interruption in benefits such as changing from disability to aged benefits; ¢ 14

(C) benefit reduction when the spouse included in the TANF benefit is being removed and certified for a State Supplemental Payment (SSP) for the aged, blind, or disabled without a resulting decrease in assistance to the family or interruption in assistance;

(D) approval of care in a skilled nursing facility or an intermediate nursing care facility resulting in closure of the person's State Supplemental Payment (SSP) benefit or the SoonerCare (Medicaid) Qualifying Individuals - group 1 (QI-1s) benefit;

(E) ~~certification of assistance in another state with no interruption in benefits~~ the household moves out of state;

(F) an automatic increase in ~~benefits brought about by~~ income because of federal legislation, such as a cost-of-living increase to all beneficiaries of Social Security, Supplemental Security Income, Railroad Retirement, or Veterans' benefits;

(G) admission of the client to a public institution where his or her needs are fully supplied;

(H) receipt of a ~~clear~~ written statement signed by the client ~~that states~~:

(i) stating he or she no longer wishes to receive assistance or that gives information which requires termination or reduction of assistance and the client has indicated in writing that he or she understands this will cause a reduction or termination of his or her benefits; or

(ii) requesting closure or reduction of benefits to avoid or repay an overpayment;

(I) the client's whereabouts being unknown and OKDHS mail directed to him or her has been returned by the post office indicating no known forwarding address for all Adult and Family Services (AFS) programs except the Supplemental Nutrition Assistance Program (SNAP);

(J) a TANF child being removed from the home as a result of a judicial determination or voluntarily placed in foster care by the legal guardian for a period in excess of 30 calendar days;

(K) a change in state or federal law ~~that affects all households~~; or

(L) a reduction in SSP benefits ~~that is~~ necessary to comply with federal law pertaining to maintenance of effort or a state mandate; or

(M) a verbal request, child care services no longer being used, a child reaching the maximum allowable age, or a change in child care provider for the Child Care Subsidy program per OAC 340:40-9-2 and 340:40-9-3.

(c) Following the issuance of a notice, the client may present ~~information~~ proof to show the action is incorrect and request benefits be reinstated at the previous benefit level until the last calendar day of the month of closure.¢ 14

(1) When information shows the client remains eligible at the previous benefit level, the worker restores benefits to the previous benefit level.

(2) When information shows the client remains eligible at an increased benefit level, benefits are increased based on specific program rules.¢ 1415

(3) When benefits were closed or suspended and ~~information~~ proof provided shows the client remains eligible, but at a reduced benefit level, benefits are reopened using current eligibility information.¢ 1516

(4) When benefits were reduced and ~~information~~ proof provided shows the client is eligible, but at a reduced level than the last action taken, the worker reduces benefits further using deadline dates shown in OKDHS Appendix B-2, Schedule I.

(d) When the client requests a fair hearing at the same time he or she requests benefits be reinstated, or requests a hearing at a later date, the worker follows fair hearing procedures ~~described at~~ per OAC 340:2-5 and explains if benefits are continued and the appeal is not decided in the client's favor, he or she is expected to repay the benefits.

(1) When the client requests a fair hearing within ~~ten~~ 10 calendar days following the issuance date of the notice and requests benefits be reinstated at the same benefit level pending the outcome of the hearing, the worker reopens benefits at the same benefit level.Benefits remain open unless another change occurs that requires benefits be reduced or closed. ¢ 17

(2) When the client requests a fair hearing regarding the action more than ~~ten~~ 10 calendar days following the issuance date of the notice, the worker does not restore benefits unless information provided shows the client remains eligible at the previous benefit level or if the hearing is decided in the client's favor.¢ 1618

(3) Per OAC 340:2-5, the OKDHS Appeals Unit makes a decision regarding the fair hearing and sends a letter of decision to the client.

(A) The worker is responsible for taking the action needed to carry out the decision of the OKDHS Appeals Unit.¢ 1719

(B) If the OKDHS Appeals Unit denies the appeal, benefits are continued through the end of the month in which the final decision on the fair hearing is reached.

INSTRUCTIONS TO STAFF 340:65-5-1

Revised ~~7-1-12~~ 6-1-13

1.Per OAC 340:50-9-5, changes to food benefits made in months other than the ~~review~~ mid-certification renewal or Supplemental Nutrition Assistance Program (SNAP) certification renewal month may not affect the benefit amount.The worker processes the change and the system decides whether benefits are increased, decreased, or remain the same.

2.The worker is responsible for updating the applicable Family Assistance/Client Services (FACS) tabs and recording in FACS Case Notes a brief explanation of the action taken and reason for taking the action.In addition to rules in this Section, rules regarding case changes are found at:

(1) OAC 340:40-9-2 for the Child Care Subsidy ~~Program~~ program;

(2) OAC 317:35-7-63 for the SoonerCare (Medicaid) ~~Program~~ program; and

(3) OAC 340:50-9-5 for SNAP.

3.For rules regarding overpayments, refer to:

(1) OAC 340:65-9 for the Temporary Assistance for Needy Families (TANF) and State Supplemental Payment (SSP) ~~Programs~~ programs;

(2) OAC 340:40-15 for the Child Care Subsidy ~~Program~~ program;

(3) OAC 317:35-13-5 for the SoonerCare (Medicaid) ~~Program~~ program; and

(4) OAC 340:50-15 for the SNAP.

4.For rules regarding income, refer to:

(1) OAC 340:10-3-26 through 340:10-3-40 for the TANF ~~Program~~ program;

(2) OAC 340:15-1-4, 340:15-1-6, and 317:35-7-38 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-10 through 340:40-7-13 for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-5-42 for the populations related to the aged, blind, or disabled (ABD) including long term care and OAC 317:35-10-26 for the ~~Online Enrollment~~ online enrollment population; and

(5) OAC 340:50-7-22 through 340:50-7-31 for SNAP.

5.For rules regarding resources, refer to:

(1) OAC 340:10-3-1 through 340:10-3-10 for the TANF ~~Program~~ program;

(2) OAC 340:15-1-14 and 317:35-7-38 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-5 for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-5-41 through 317:35-5-41.11 for populations related to ABD, OAC 317:35-17-10 and 317:35-19-20 for the long term care population, and OAC 317:35-10-10 for the ~~Online Enrollment~~ online enrollment population for the SoonerCare (Medicaid) ~~Program~~ program; and

(5) OAC 340:50-7-1 for SNAP.

6.(a) For rules regarding who must, who may, and who cannot be included in household composition to determine the benefit amount, refer to:

(1) OAC 340:10-3-56 and 340:10-3-57 for the TANF ~~Program~~ program;

(2) OAC 340:15-1-5 and 317:35-7-36 for the SSP ~~Program~~ program;

(3) OAC 340:40-7-6 for the Child Care Subsidy ~~Program~~ program;

(5) OAC 340:50-5-1 through 340:50-5-10.1 for SNAP.

(b) For TANF, when the client requests benefits for an additional person prior to certification, a new application is not needed.The client must complete a new application when he or she requests benefits for an additional person after certification.

(1) To evaluate whether the person is eligible, the worker must first determine if the person is required to be a member of the assistance unit per OAC 340:10-3-56.

(A) If the person is required to be a member, the worker is also determining continued eligibility for the rest of the assistance unit.

(B) If the person is not required to be a member or is not eligible to be included in the assistance unit, the client decides whether to include the person.Before making this decision, the worker advises the client whether including the additional person increases or decreases benefits.

(C) After certification, when the client chooses not to include the person or the person is not eligible for another reason, the worker sends Form ~~08MP039E~~ 08MP038E, Client Notice ~~to Client~~ of Action Taken, to advise the client of the denial.

(2) When the additional member is eligible, the person is added to the TANF benefit effective the date of request.

(A) If the TANF benefit increases when the person is added, the initial month's supplemental benefits are prorated per OAC 340:65-3-5.

(B) If the additional member must be included and has countable income that reduces the TANF benefit, the reduction is effective the first day of the month following the deadline date on Oklahoma Department of Human Services (OKDHS) Appendix B-2, Schedule I.

(C) When the additional member must be included and the addition of this person causes the assistance unit to no longer be eligible for TANF benefits, the worker closes the TANF benefit effective the first day of the month following the deadline date on OKDHS Appendix B-2, Schedule I.

(3) The worker is responsible for updating the applicable FACS tabs and recording in FACS Case Notes the date the client requested benefits for the additional person, when the person moved into the household, details about the person's eligibility, and how the person affects the benefit amount for the assistance unit.

(c) For TANF, when the client reports that a person included in the assistance unit has left the home, the person's needs are removed effective the first day of the month following the deadline date on OKDHS Appendix B-2, Schedule I.If the reason for removal is death, the removal date is the date of death.

(d) For all programs, when the client reports that a household member's name ~~has~~ changed or it was misspelled, the correct name is updated in FACS after the client provides the person's Social Security card showing the current name.

(e) For TANF, if after certification a different person who is not currently included in the assistance unit asks to be made payee for the TANF benefit, the person must complete a new application and eligibility for the household must be reviewed.FACS Case Notes must include information about why the person is requesting this change, including why the current payee must be removed.The person requesting to be made payee must have a certain degree of relationship to the child for whom benefits are requested per OAC 340:10-3-56 and 340:10-9-1.

(f) For rules regarding who can be payee for programs other than TANF, refer to:

(1) OAC 340:65-3-2 for the SSP ~~Program~~ program;

(2) OAC 340:40-3-1 and 340:65-3-2 for the Child Care Subsidy ~~Program~~ program;

(3) OAC 317:35-7-15 and 340:65-3-2 for the SoonerCare (Medicaid) ~~Program~~ program; and

(4) OAC 340:50-3-1, 340:50-5-5, 340:50-5-8.1, and 340:65-3-2 for SNAP.

7.When the client moves to another county, refer to OAC 340:65-1-3 Instructions to Staff #1(e) for transfer procedures.

8.For rules regarding legal alien status of non-citizens, refer to:

(1) OAC 340:65-3-1 for all programs;

(2) OAC 340:10-15-1 for the TANF ~~Program~~ program;

(3) OAC 340:40-7-5 for the Child Care Subsidy ~~Program~~ program;

(4) OAC 317:35-5-25 for the SoonerCare (Medicaid) ~~Program~~ program; and

(5) OAC 340:50-5-67 for SNAP.

9.For rules regarding insurance coverage, refer to OAC 317:35-5-43 for the TANF, SSP, and SoonerCare (Medicaid) ~~Programs~~ programs.

10.For rules regarding deprivation for the TANF ~~Program~~ program, refer to OAC 340:10-10-1 through 340:10-10-4.

11.For rules regarding TANF Work participation, refer to OAC 340:10-2-1 through 340:10-2-8.

12.For rules regarding school attendance for the TANF ~~Program~~ program, refer to OAC 340:13-1.

13.For rules regarding changes for the Child Care Subsidy ~~Program~~ program, refer to OAC 340:40-9-2.

14.When a person transfers from a TANF benefit to SSP, an advance notice is almost always required because the public assistance benefit for that person decreases.When income is removed from TANF cash assistance at the same time the person is removed from TANF, an advance notice is not required if the TANF cash assistance amount remains the same or increases.

1415.For rules regarding reopening or reinstating benefits, refer to:

(1) OAC 340:65-5-6 for the TANF and SSP ~~Programs~~ programs;

(2) OAC 340:40-9-2 for the Child Care Subsidy ~~Program~~ program; and

(3) OAC 340:50-9-5 for SNAP.

1516.Using current eligibility information means negative action notice time frames do not apply and benefits are not required to be reopened at the same benefit level.

17.The worker notifies the hearing officer of actions taken while a hearing decision is pending.

1618.If the client's benefit is reopened or reinstated without a gap in benefits, ~~attach~~ a cover letter is attached to the fair hearing request ~~giving~~ and this information is sent to the OKDHS Appeals Unit per OAC 340:2-5-64, Instructions to Staff # 3.The OKDHS Appeals Unit ~~will dismiss~~ dismisses the fair hearing request.

1719.If the appeal is not decided in the client's favor and results in benefit reduction or closure, the worker uses reason code 69 or "other" to prevent ~~issuing~~ a computer-generated notice giving the client fair hearing rights.The worker manually issues a notice ~~manually~~ to the client explaining the action taken.

SUBCHAPTER 11. VOTER REGISTRATION

340:65-11-1. Purpose

Issued 6-1-13

The purpose of this Subchapter is to provide rules for voter registration as the Oklahoma Department of Human Services is a designated voter registration agency.

340:65-11-2. Legal authority

Issued 6-1-13

The National Voter Registration Act of 1993 [Public Law 103-31] requires state agencies providing public assistance such as SoonerCare (Medicaid), Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, or state-funded programs primarily engaged in providing services to persons with disabilities to offer voter registration services.¢ 1

INSTRUCTIONS TO STAFF 340:65-11-2

Issued 6-1-13

1.The Oklahoma Department of Human Services:

(1) distributes theOklahoma Voter Registration Application and Oklahoma Voter Registration Statement;

(2) accepts completed Oklahoma Voter Registration Application forms for transmittal to the State Election Board; and

(3) stores Oklahoma Voter Registration Statements per OAC 340:65-11-3.

340:65-11-3. Forms used in providing voter registration services

Issued 6-1-13

(a) With every application, benefit renewal, or any time a change of address is reported, local county office or support center staff provides the applicant or recipient with the Oklahoma Voter Registration Statement and the Oklahoma Voter Registration Application.¢ 1All voter registration materials are kept confidential.

(1) Oklahoma Voter Registration Statement.When an applicant or recipient:

(A) chooses to register to vote, the person must sign and return the Oklahoma Voter Registration Statement to the local county office; or¢ 2

(B) does not complete the Oklahoma Voter Registration Statement, it is presumed the person does not wish to register.

(2) Oklahoma Voter Registration Application.

(A) When an applicant or recipient submits an Oklahoma Voter Registration Statement indicating that he or she wants to register to vote, the person is provided an Oklahoma Voter Registration Application.

(B) Oklahoma Department of Human Services (OKDHS) staff in the county office or support center offers the same degree of assistance in completing the Oklahoma Voter Registration Application as they offer in completing OKDHS application forms, unless the person refuses such assistance.¢ 3

(b) The State Election Board provides OKDHS with pre-addressed, postage-paid envelopes to transmit Oklahoma Voter Registration Application forms.

INSTRUCTIONS TO STAFF 340:65-11-3

Issued 6-1-13

1.When a face-to-face interview is not conducted, the Oklahoma Voter Registration Application is mailed to the person.The person's name and the date the form was mailed are entered on the Oklahoma Voter Registration Statement and routed to Support Services Division (SSD) Departmental Services Unit (DSU) Records Management Section.

2.The Oklahoma Voter Registration Statement must be retained by the Oklahoma Department of Human Services (OKDHS) for 24 months.Failure to retain the Oklahoma Voter Registration Statement may result in penalties or litigation for OKDHS.

3.(a) The State Election Board provides Oklahoma Voter Registration Application forms. THESE FORMS ARE NOT PHOTOCOPIED.Forms may be ordered through the normal acquisition process.

(1) Each county office and support center develops procedures to ensure voter registration is offered.Additional forms may be provided for other household members.

(2) Local county office or support center staff date stamps the Oklahoma Voter Registration Application when it is mailed and when it returns.

(3) When a person refuses to sign the Oklahoma Voter Registration Statement, OKDHS staff documents the refusal, the date of the refusal, and the person's name on the form.

(b) Designated OKDHS staff in the county office or support center sends completed Oklahoma Voter Registration Application forms directly to the State Election Board at the close of business every Friday or the last working day of each week, satisfying the transmittal time requirements.

340:65-11-4. Criminal penalties

Issued 6-1-13

(a) The Oklahoma Department of Human Services (OKDHS) offers persons applying for and receiving benefits or services provided by OKDHS the opportunity to register to vote in compliance with the:

(1) National Voter Registration Act of 1993; and

(2) Procedure for Voter Registration issued by the Oklahoma State Election Board.

(b) Criminal penalties for improper voter registration are included in: ¢ 1

(1) Section 1973gg-10 of Title 42 of the United States Code (U.S.C.); and

(2) the cautions portion of the State Election Board's Procedure for Voter Registration.

INSTRUCTIONS TO STAFF 340:65-11-4

Issued 6-1-13

1.(a) Refer to the Procedure for Voter Registration card issued by the Oklahoma State Election Board regarding:

(1) criminal penalties for violations of the voter registration law; and

(2) actions and statements that may not be made to persons registering to vote.

(b) The worker is not subject to criminal penalties unless he or she knowingly registers an ineligible person.