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COMMENT DUE DATE:  

February 1, 2013

DATE: 

January 2, 2013

Laura Brown, AFS  (405) 521-4396

Pat McCracken, OIRP  (405) 522-1017

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

RE:  

APA WF 12-18

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 115. FIELD OPERATIONS DIVISION [REVOKED]

Subchapter 1. General Provisions [REVOKED]

OAC 340:115-1-1 [REVOKED]

OAC 340:115:1-3 [REVOKED]

Part 3. Voter Registration [REVOKED]

OAC 340:115-1-21 through 340:115-1-22 [REVOKED]

OAC 340:115-1-24 [REVOKED]

OAC 340:115-1-27 [REVOKED]

Subchapter 5. Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) [REVOKED]

OAC 340:115-5-1 [REVOKED]

OAC 340:115-5-3 [REVOKED]

(Reference APA WF 12-18)

SUMMARY:Chapter 115 is revoked due to agency reorganization and the elimination of the Field Operations Division (FOD).

Subchapter 1 of Chapter 115 rules regarding the: (1) structure of the division are revised and moved to OKDHS regulations; and (2) Voter Registration Act are moved to OAC 340:65-11.

Subchapter 5 of Chapter 115 rules regarding Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) are moved to OAC 340:70-10.

PERMANENT RULEMAKING APPROVAL IS REQUESTED.

LEGAL AUTHORITY:Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes and House Bill 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 115. FIELD OPERATIONS DIVISION [REVOKED]

Subchapter 1. General Provisions [REVOKED]

OAC 340:115-1-1 [REVOKED]

OAC 340:115:1-3 [REVOKED]

Part 3. Voter Registration [REVOKED]

OAC 340:115-1-21 through 340:115-1-22 [REVOKED]

OAC 340:115-1-24 [REVOKED]

OAC 340:115-1-27 [REVOKED]

Subchapter 5. Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) [REVOKED]

OAC 340:115-5-1 [REVOKED]

OAC 340:115-5-3 [REVOKED]

(Reference APA WF 12-18)

Contact:Laura Brown 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose.Chapter 115 is revoked due to agency reorganization and the elimination of the Field Operations Division (FOD).

Subchapter 1 of Chapter 115 rules regarding the: (1) structure of the division are revised and moved to OKDHS regulations; and (2) Voter Registration Act are moved to OAC 340:65-11.

Subchapter 5 of Chapter 115 rules regarding Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) are moved to OAC 340:70-10.

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.

340:115-1-1 is revoked due to the elimination of the FOD.

340:115-1-3 is revoked due to the elimination of the FOD.Information included in this Section is revised and moved OKDHS regulations.

340:115-1-21 is revoked due to elimination of the FOD.Information included in this s Section is moved to 340:65-11-1.

340:115-1-22 is revoked due to elimination of the FOD.Information included in this Section is moved to 340:65-11-2.

340:115-1-24 is revoked due to elimination of the FOD.Information included in this Section is moved to 340:65-11-3.

340:115-1-27 is revoked due to elimination of the FOD.Information included in this Section is moved to 340:65-11-4.

340:115-5-1 is revoked due to elimination of the FOD.Information included in this Section is moved to 340:70-10-1.

340:115-5-3 is revoked due to elimination of the FOD.Information included in this Section is moved to 340:70-10-2.

Reasons. The proposed revisions are issued to replace rules revoked from Chapter 115 due to the elimination of the FOD in the agency reorganization per House Bill (HB) 3134.

Repercussions. Failure to revoke Chapter 115 rules will cause confusion for staff and the public as the FOD has been eliminated.The revoked rules are revised and moved to other OAC 340 chapters and OKDHS regulations.

Legal authority. Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes and HB3134.

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 revoked rules are OKDHS staff and clients applying for or receiving Adult and Family Services (AFS).

C.A description of the classes of persons who will benefit from the proposed rule: No classes of persons will benefit as the rules are being revoked.

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 revoked rules do not have an economic impact on the affected entities.

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 in other OKDHS chapters, 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 not affect the public’s health, safety, and environment because revoked rules will be moved to other OKDHS regulations and OAC 340 chapters.

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 revoked, it would cause confusion for the public and staff because the division responsible for these rules has been eliminated.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 16, 2012 and modified December 12, 2012.

CHAPTER 115. FIELD OPERATIONS DIVISION [REVOKED]

SUBCHAPTER 1. GENERAL PROVISIONS [REVOKED]

PART I. GENERAL PROVISIONS [REVOKED]

340:115-1-1. Purpose [REVOKED]

Revised 6-1-08

The purpose of the Field Operations Division (FOD) is to provide the overall administration and resource management for service delivery to individuals and families throughout the state.

340:115-1-3. Structure of the Field Operations Division [REVOKED]

Revised 6-1-08

(a) Structure.The Field Operations Division (FOD) is comprised of:

(1) FOD State Office staff;

(2) six area offices; and

(3) all human services centers (HSCs).

(b) Function.The primary function of FOD is to ensure local service delivery for the programs for which it is administratively responsible.

(1) Service delivery.For purposes of service administration, the Oklahoma Department of Human Services (OKDHS) has divided the state into geographic areas.There is an area director assigned to each area.There is at least one HSC in each county.Metropolitan areas may have more than one HSC. A county director is responsible for each HSC and has line authority for FOD staff in that HSC.The county director reports to the area director who reports to the FOD director.Each area office has field liaisons who provide technical support to the area director and county directors.FOD staff in local HSCs administers:

(A) Family Support Services;

(B) Children and Family Services;

(C) Adult Protective Services;

(D) Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services;

(E) Voter Registration; and

(F) School-based Services.

(2) Administration responsibilities.

(A) State Office. FOD State Office staff is responsible for ensuring all components of local HSCs function smoothly as they facilitate the delivery of OKDHS programs and services.

(B) FOD director.The FOD director:

(i) directs the implementation of OKDHS programs through the area directors;

(ii) acquires, administers, and allocates resources to support HSC activities; and

(iii) provides the OKDHS Director with analyses of budget, personnel, and other resources needed to support operations of OKDHS HSCs.

(C) Area directors.Area directors:

(i) provide supervision, support, and leadership to county directors and area staff;

(ii) advocate for the field;

(iii) ensure resources are distributed equitably among local HSCs; and

(iv) are responsible for program direction to ensure programs are operated in accordance with rules and client outcomes are achieved.

(D) County directors.County directors are:

(i) responsible and have authority for the function and operation of the county HSC.Responsibilities include:

(I) advocating for staff and clients;

(II) coordinating all personnel activities;

(III) supervising, directing, and training of all programs;

(IV) developing and maintaining positive and productive relationships with all levels of OKDHS personnel and the community; and

(V) developing and maintaining resources and procedures to ensure a smooth flow of activities in a safe environment; and

(ii) administratively accountable for other program staff including coordination of management activities and problem resolution.

PART 3. VOTER REGISTRATION [REVOKED]

340:115-1-21. Purpose [REVOKED]

Revised 6-1-08

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

340:115-1-22. Legal authority [REVOKED]

Revised 6-1-08

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

INSTRUCTIONS TO STAFF 340:115-1-22

Issued 6-1-08

1.Oklahoma Department of Human Services (OKDHS):

(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.

340:115-1-24. Forms used in providing voter registration services [REVOKED]

Revised 6-1-08

(a) With every application, reapplication, recertification for benefits, or any time a change of address is reported, local human services center (HSC) 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 HSC; 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 wishes to register to vote, the person is provided an Oklahoma Voter Registration Application.

(B) The HSC staff offers the same degree of assistance in completing the Oklahoma Voter Registration Application as it offers in completing OKDHS application forms, unless the person refuses such assistance.¢ 3

(b) The State Election Board provides pre-addressed, postage-paid envelopes to Oklahoma Department of Human Services (OKDHS) for the transmittal of Oklahoma Voter Registration Application forms.

INSTRUCTIONS TO STAFF 340:115-1-24

Revised 6-1-08

1.If a face-to-face interview is not conducted, the Oklahoma Voter Registration Application must be mailed to the person.The person's name and 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.

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 human services center (HSC) develops procedures to ensure voter registration is offered.Additional forms may be provided for other household members.

(2) The Oklahoma Voter Registration Application is date stamped when collected in the HSC and when mailed out.

(3) If a person refuses to sign the Oklahoma Voter Registration Statement, the refusal is noted on the form with the person's name and date of refusal.

(b) The completed Oklahoma Voter Registration Application forms are sent directly to the State Election Board at the close of business every Friday or the last working day of each week.This weekly mailing satisfies the transmittal time requirements.

340:115-1-27. Criminal penalties [REVOKED]

Revised 6-1-08

(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 Secretary of the State Election Board.

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

(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.¢ 1

INSTRUCTIONS TO STAFF 340:115-1-27

Issued 6-1-08

1.Refer to the Procedure for Voter Registration card issued by the Oklahoma Secretary of the 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.

SUBCHAPTER 5. ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) COORDINATION AND INFORMATION SERVICES (ACIS) [REVOKED]

340:115-5-1.Acquired Immune Deficiency Syndrome (AIDS) Coordination and Information Services (ACIS) [REVOKED]

Revised 6-1-08

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.

340:115-5-3.Acquired Immune Deficiency Syndrome (AIDS) information services [REVOKED]

Revised 6-1-08

(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 09AI0043, 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 340:115-5-3

Issued 6-1-08

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 Field Operations Division.

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