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 12-17
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 70. SOCIAL SERVICES
Subchapter 10. Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) [NEW]
OAC 340:70-10-1 through 70-10-3 [NEW]
(Reference APA WF 12-17)
SUMMARY:The proposed revisions to add Subchapter 10 to Chapter 70 are made to issue rules regarding Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) as these rules are revoked in Chapter 340:115 due to the elimination of the Field Operations Division (FOD) in the agency reorganization.
SUBSTANTIVE CHANGES:
340:70-10-1 is issued to show the legal base for AIDS ACIS rules.
340:70-10-2 is being issued to place rules revoked from 340:115-5-1 regarding AIDS ACIS case management services.
340:70-10-3 is issued to replace rules being revoked at 340:115-5-3 regarding AIDS information services.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Section 2604 of Public Law 101-381; and HB 3134.
Rule Impact Statement
To:Dena Thayer, Programs Administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby
Adult and Family Services Director
Date:January 3, 2013
Re:Chapter 70. SOCIAL SERVICES
Subchapter 10. Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) [NEW]
OAC 340:70-10-1 through 70-10-3 [NEW]
(Reference APA WF 12-17)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to add Subchapter 10 to Chapter 70 are made to issue rules regarding Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) as these rules are revoked in Chapter 340:115 due to the elimination of the Field Operations Division (FOD) in the agency reorganization.
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.
340:70-10-1 is issued to show the legal base for AIDS ACIS rules.
340:70-10-2 is being issued to place rules revoked from 340:115-5-1 regarding AIDS ACIS case management services.
340:70-10-3 is issued to replace rules being revoked at 340:115-5-3 regarding AIDS information services.
Reasons. The proposed revisions are issued to replace rules being revoked from Chapter 340:115 due to the elimination of the FOD in the agency reorganization per House Bill (HB) 3134.
Repercussions. The proposed rules replace rules being revoked from Chapter OAC 115.If the proposed rules are not implemented, rules with not be in effect regarding AIDS ACIS.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Section 2604 of Public Law 101-381; and HB 3134.
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 eligible to receive AIDS ACIS services 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 eligible to receive AIDS ACIS services.
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 and is within the current budget.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with.
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 retaining rules regarding AIDS ACIS for persons in need of these services.
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 be aware of AIDS ACIS services.
K.The date the rule impact statement was prepared and, if modified, the date modified: November 16, 2012 and modified December 4, 2012,
CHAPTER 70. SOCIAL SERVICES
SUBCHAPTER 10. ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) COORDINATION AND INFORMATION SERVICES (ACIS) [NEW]
340:70-10-1. Legal basis
Issued 6-1-13
The Ryan White Comprehensive AIDS Resources Emergency (CARE) Act [Section 2604 of Public Law 101-381] provides the legal basis and funding for the Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS). Program.
340:70-10-2.Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS)
Issued 6-1-13
Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) are case management services with an emphasis to:
(1) coordinate, plan, and supervise development of services for persons with Human Immunodeficiency Virus (HIV) disease to ensure appropriate services are available; and
(2) ensure those services are provided through either direct service provision or brokering of services through information and referral services.
340:70-10-3. Acquired Immune Deficiency Syndrome (AIDS) information services
Issued 6-1-13
(a) Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) provide a central contact point for persons with Human Immunodeficiency Virus (HIV) disease and their families, other state agencies, community organizations, support groups, and Oklahoma Department of Human Services staff to gain information related to AIDS or HIV infection or disease.The information disseminated may cover AIDS or HIV legal, social service, or health care issues; whether these services are available to persons with HIV disease and, if so, where they may be obtained.¢ 1
(b) There are no income or resource eligibility criteria for HIV/AIDS case management services.Referrals are accepted from all sources within the community.
(c) Form 08AI004E, Permission to Share Confidential Information, must be signed by the client specifying with whom confidential information may be shared prior to the release of any such information by the case manager.
INSTRUCTIONS TO STAFF 340:70-10-3
Issued 6-1-13
1.(a) Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) case managers:
(1) are assigned multi-county responsibility to provide services statewide for persons with Human Immunodeficiency Virus (HIV) disease;
(2) coordinate the provision of services for persons with HIV disease;
(3) identify gaps in services;
(4) assist in the development of programs to serve persons with HIV disease;
(5) ensure service needs are met and duplication of services are avoided by:
(A) maintaining membership on numerous local and statewide boards, committees, and task forces; and
(B) assisting other state agencies and community based organizations in the development of grant applications; and
(6) ensure persons in need of HIV/AIDS related services are:
(A) linked with the providers of those services; and
(B) provided information and referral services.
(b) ACIS case manager's work is monitored and supported by Adult and Family Services.
