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 12-19
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 50 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-1 through 340:50-3-3 [AMENDED]
Subchapter 5 Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-7 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [AMENDED]
OAC 340:50-7-29 Instructions to staff (ITS) only (REVISED)
OAC 340:50-7-30 ITS only (REVISED)
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-3 through 340:50-9-6 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled To Expedited Service
OAC 340:50-11-3 through 340:50-11-6 [AMENDED]
Part 3. Simplified Supplemental Nutrition Assistance Program (SSNAP) for Temporary Assistance For Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipient(s)
OAC 340:50-11-22 [AMENDED]
OAC 340:50-11-27 [AMENDED]
Part 7. Replacement When Food Purchased With Food Benefits Is Destroyed
OAC 340:50-11-64 [AMENDED]
Subchapter 15. Overpayments And Fraud
Part 1. Overpayments
OAC 340:50-15-7 [AMENDED]
OAC 340:50-15-9 [AMENDED]
(Reference APA WF12-19)
SUMMARY:
The proposed revisions to Subchapter 3 of Chapter 50 amend the rules to: (1) update division name and terminology due to agency reorganization; (2) add clarifying language regarding the authorized representative’s role regarding use of food benefits; and (3) add new form names and numbers used to schedule interviews when the type of verification needed is unknown and when an eligibility determination is delayed.
The proposed revisions to Subchapter 5 of Chapter 50 amend the rules to: to update procedures used by the food distribution programs (FDP) and the Oklahoma Department of Human Services (OKDHS) to prevent dual participation or participation by disqualified individuals in Supplemental Nutrition Assistance Program (SNAP) food benefits.
The proposed revisions to Subchapter 7 of Chapter 50 amend the rules to: (1) add Cobell settlement income as a new type of excluded income; and (2) reword excluded federally funded grants and workforce training program income to clarify how to determine whether to exclude the income instead of narrowing the language to specific sources.
The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to: (1) remove obsolete terminology; (2) update language to reflect current processes used to generate certification and denial notices; (3) update form name and number used when an eligibility determination is delayed; (4) update division name and terminology; (5) add clarifying language regarding procedures for reopening benefits; (6) update information regarding when an advance notice of an adverse action is not needed; and (7) update certification renewal notification and procedures.
The proposed revisions to Subchapter 11 of Chapter 50 amend the rules to: (1) remove distinction between expedited processing for migrant and seasonal farm laborers and other households; (2) remove duplicative language included in another rule section; (3) rearrange information for clarity; (4) add language regarding the need to explore how the household is meeting its needs with little or no income for expedited service determination; (5) clarify the certification periods when issuing benefits to expedited eligible households; (6) update language regarding SNAP application processing when the household simultaneously applies for Temporary Assistance for Needy Families (TANF) and is denied; (7) add language regarding changes in TANF, how it effects the SNAP benefits, and reasons for a conversion of food benefits from a Simplified SNAP (SSNAP) case to a non-public assistance (non-PA) case; (8) clarify how reported changes affect food benefits during a transitional food benefit (TFB) certification period, (9) clarify notifications given to TANF applicants with SNAP benefits; and (10) clarify when loss of electricity qualifies for a destroyed food replacement to address field questions.
The proposed revisions to Subchapter 15 of Chapter 50 amend the rules to: (1) update division name and terminology due to agency reorganization; (2) clarify household responsibility for overpayments; and (3) add language regarding when it is appropriate to terminate and write off SNAP overpayments claims per Section 273.18(e)(8) of Title 7 of the Code of Federal Regulations (CFR) [7CFR 273.18(e)(8)].
SUBSTANTIVE CHANGES:
340:50-3-1 is amended to: (1) update division name and terminology due to agency reorganization; and (2) add clarifying language regarding the authorized representative’s role regarding use of food benefits.
340:50-3-2 is revised to: (1) update division name and terminology due to agency reorganization; and (2) add new form names and numbers that are used to schedule interviews when the type of verification needed is unknown.
340:50-3-3 is revised to update the form name and number used when an eligibility determination is delayed.
340:50-5-7 is revised to update procedures used by the FDP and OKDHS to prevent dual participation or participation by disqualified individuals in SNAP food benefits.
340:50-7-22 is revised to: (1) add Cobell settlement income as a new type of excluded income; and (2) reword excluded federally funded grants and workforce training program income to clarify how to determine whether to exclude the income instead of narrowing the language to specific sources.
340:50-7-29 ITS is revised to explain how adoption subsidy payments are considered.
340:50-7-30 ITS is revised to include an example of how to consider self-employment income for contract labor.
340:50-9-3 is revised to: (1) remove obsolete terminology; and (2) update language to reflect current processes used to generate certification and denial notices.These changes were made to bring the rules in line with the current processes and notices clients are given when their application is certified or denied.
340:50-9-4 is revised to update form name and number used when an eligibility determination is delayed.
340:50-9-5 is amended to: (1) update division name and terminology due to agency reorganization and OKDHSLive; (2) add clarifying language regarding procedures for reopening benefits; and (3) update information regarding when an advance notice of an adverse action is not needed.
340:50-9-6 is amended to: (1) remove obsolete language; (2) update language to current terminology; and (3) update certification renewal notification and procedures due to OKDHSLive.
340:50-11-3 is revised to remove distinction between expedited processing for migrant and seasonal farm laborers and other households because the process is now the same for all households.
340:50-11-4 is revised to: (1) remove duplicative language included in another rule Section; and (2) rearrange information within the Section for clarity.
340:50-11-5 is revised to add language regarding the need to explore how the household is meeting its needs with little or no income for expedited service determination.
340:50-11-6 is amended to clarify the certification periods when issuing benefits to expedited eligible households.Language is updated to be consistent with current processes regarding expedited eligibility.
340:50-11-22 revised to update language regarding SNAP application processing when the household simultaneously applies for TANF and is denied.
340:50-11-27 is revised to: (1) add language regarding changes in TANF, how it effects the SNAP benefits, and reasons for a conversion of food benefits from a Simplified SNAP (SSNAP) case to a non-public assistance (non-PA) case; (2) clarify how reported changes affect food benefits during a Transitional food benefit (TFB) certification period, and (3) clarify notifications given to TANF applicants with SNAP benefits.
340:50-11-64 is revised to clarify when loss of electricity qualifies for a destroyed food replacement to address field questions.
340:50-15-7 is revised to: (1) update division name and terminology due to agency reorganization; and (2) clarify household responsibility for overpayments.340:50-15-9 is revised to add language regarding when it is appropriate to terminate and write off SNAP overpayments claims per 7CFR 273.18(e)(8).
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Director of Human Services; Sections 162 and 230.52 of Title 56 of the Oklahoma Statutes; Section 4211 of Title 4 of the 2008 Farm Bill; Public Law 111-291§101(f)(2); and 7CFR 273.2, 273.10, 273.13, 273.14, 273.18(e)(8), 273.25, and 273.30.
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 50 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-1 through 340:50-3-3 [AMENDED]
Subchapter 5 Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-7 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [AMENDED]
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-3 through 340:50-9-6 [AMENDED]
Subchapter 11. Special Procedures
Part 1. Households Entitled To Expedited Service
OAC 340:50-11-3 through 340:50-11-6 [AMENDED]
Part 3. Simplified Supplemental Nutrition Assistance Program (SSNAP) for Temporary Assistance For Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipient(s)
OAC 340:50-11-22 [AMENDED]
OAC 340:50-11-27 [AMENDED]
Part 7. Replacement When Food Purchased With Food Benefits Is Destroyed
OAC 340:50-11-64 [AMENDED]
Subchapter 15. Overpayments And Fraud
Part 1. Overpayments
OAC 340:50-15-7 [AMENDED]
OAC 340:50-15-9 [AMENDED]
(Reference APA WF12-19)
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 50 amend the rules to: (1) update division name and terminology due to agency reorganization; (2) add clarifying language regarding the authorized representative’s role regarding use of food benefits; and (3) add new form names and numbers used to schedule interviews when the type of verification needed is unknown and when an eligibility determination is delayed.
The proposed revisions to Subchapter 5 of Chapter 50 amend the rules to: to update procedures used by the food distribution programs (FDP) and the Oklahoma Department of Human Services (OKDHS) to prevent dual participation or participation by disqualified individuals in Supplemental Nutrition Assistance Program (SNAP) food benefits.
The proposed revisions to Subchapter 7 of Chapter 50 amend the rules to: (1) add Cobell settlement income as a new type of excluded income; and (2) reword excluded federally funded grants and workforce training program income to clarify how to determine whether to exclude the income instead of narrowing the language to specific sources.
The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to: (1) remove obsolete terminology; (2) update language to reflect current processes used to generate certification and denial notices; (3) update form name and number used when an eligibility determination is delayed; (4) update division name and terminology; (5) add clarifying language regarding procedures for reopening benefits; (6) update information regarding when an advance notice of an adverse action is not needed; and (7) update certification renewal notification and procedures.
The proposed revisions to Subchapter 11 of Chapter 50 amend the rules to: (1) remove distinction between expedited processing for migrant and seasonal farm laborers and other households; (2) remove duplicative language included in another rule section; (3) rearrange information for clarity; (4) add language regarding the need to explore how the household is meeting its needs with little or no income for expedited service determination; (5) clarify the certification periods when issuing benefits to expedited eligible households; (6) update language regarding SNAP application processing when the household simultaneously applies for Temporary Assistance for Needy Families (TANF) and is denied; (7) add language regarding changes in TANF, how it effects the SNAP benefits, and reasons for a conversion of food benefits from a Simplified SNAP (SSNAP) case to a non-public assistance (non-PA) case; (8) clarify how reported changes affect food benefits during a transitional food benefit (TFB) certification period, (9) clarify notifications given to TANF applicants with SNAP benefits; and (10) clarify when loss of electricity qualifies for a destroyed food replacement to address field questions.
The proposed revisions to Subchapter 15 of Chapter 50 amend the rules to: (1) update division name and terminology due to agency reorganization; (2) clarify household responsibility for overpayments; and (3) add language regarding when it is appropriate to terminate and write off SNAP overpayments claims per Section 273.18(e)(8) of Title 7 of the Code of Federal Regulations (CFR) [7CFR 273.18(e)(8)].
Strategic Plan impact. The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:50-3-1 is amended to: (1) update division name and terminology due to agency reorganization; and (2) add clarifying language regarding the authorized representative’s role regarding use of food benefits.
340:50-3-2 is revised to: (1) update division name and terminology due to agency reorganization; and (2) add new form names and numbers that are used to schedule interviews when the type of verification needed is unknown.
340:50-3-3 is revised to update the form name and number used when an eligibility determination is delayed.
340:50-5-7 is revised to update procedures used by the FDPand OKDHS to prevent dual participation or participation by disqualified individuals in SNAP food benefits.
340:50-7-22 is revised to: (1) add Cobell settlement income as a new type of excluded income; and (2) reword excluded federally funded grants and workforce training program income to clarify how to determine whether to exclude the income instead of narrowing the language to specific sources.
340:50-9-3 is revised to: (1) remove obsolete terminology; and (2) update language to reflect current processes used to generate certification and denial notices.These changes were made to bring the rules in line with the current processes and notices clients are given when their application is certified or denied.
340:50-9-4 is revised to update form name and number used when an eligibility determination is delayed.
340:50-9-5 is amended to: (1) update division name and terminology due to agency reorganization and OKDHSLive; (2) add clarifying language regarding procedures for reopening benefits; and (3) update information regarding when an advance notice of an adverse action is not needed.
340:50-9-6 is amended to: (1) remove obsolete language; (2) update language to current terminology; and (3) update certification renewal notification and procedures due to OKDHSLive.
340:50-11-3 is revised to remove distinction between expedited processing for migrant and seasonal farm laborers and other households because the process is now the same for all households.
340:50-11-4 is revised to: (1) remove duplicative language included in another rule Section; and (2) rearrange information within the Section for clarity.
340:50-11-5 is revised to add language regarding the need to explore how the household is meeting its needs with little or no income for expedited service determination.
340:50-11-6 is amended to clarify the certification periods when issuing benefits to expedited eligible households.Language is updated to be consistent with current processes regarding expedited eligibility.
340:50-11-22 revised to update language regarding SNAP application processing when the household simultaneously applies for TANF and is denied.
340:50-11-27 is revised to: (1) add language regarding changes in TANF, how it effects the SNAP benefits, and reasons for a conversion of food benefits from a Simplified SNAP (SSNAP) case to a non-public assistance (non-PA) case; (2) clarify how reported changes affect food benefits during a Transitional food benefit (TFB) certification period, and (3) clarify notifications given to TANF applicants with SNAP benefits.
340:50-11-64 is revised to clarify when loss of electricity qualifies for a destroyed food replacement to address field questions.
340:50-15-7 is revised to: (1) update division name and terminology due to agency reorganization; and (2) clarify household responsibility for overpayments.340:50-15-9 is revised to add language regarding when it is appropriate to terminate and write off SNAP overpayments claims per 7CFR 273.18(e)(8).
Reasons. The proposed revisions provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need.The division name is changed to Adult and Family Services (AFS) and other terminology is changed due to agency reorganization.Terminology, notifications, and processes are changed because of OKDHSLive, the online application and renewal system.New interview forms are created that do not include the ability to request verification to avoid negative action errors.Procedural rules to confirm a household is not receiving SNAP and FDP benefits simultaneously and is not disqualified from the other program are updated to comply with Section 4311 of the 2008 Farm Bill.Cobell settlement income is excluded per Section 101(f)(2) of Public Law 111-291.Rewording excluded income from Workforce Investment Act and other federally funded workforce training programs to clarify how to determine whether to exclude the income instead of narrowing the language to specific sources will keep OKDHS from revising rules each time a new income source is excluded and help staff determine whether to count the income more quickly.Rules regarding how SNAP benefits are handled when the household's TANF benefit closes or the adult becomes ineligible for TANF due to illegal drug use is added to comply with Section 230.52 of Title 56 of Oklahoma Statutes.Termination and writing off of SNAP overpayments are revised to comply with 7CFR 273.18(e)(8) because OKDHS is currently out of compliance.
Repercussions. The proposed rules will make policy easier to understand for both county office staff and the public. If the proposed revisions are not implemented, OKDHS will be out of compliance with certain state federal legislation. OKDHS staff may not process initial and continuing SNAP food benefits as quickly and accurately as possible leading to under and over issuance of client benefits and increased federal error rates.
Legal authority. Director of Human Services; Sections 162 and 230.52 of Title 56 of the Oklahoma Statutes; Section 4211 of Title 4 of the 2008 Farm Bill; Public Law 111-291§101(f)(2); and 7CFR 273.2, 273.10, 273.13, 273.14, 273.18(e)(8), 273.25, and 273.30.
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 households applying for or receiving SNAP food benefits.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 households applying for or receiving SNAP food benefits 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 to households applying for or receiving SNAP food benefits.
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 health risks for households applying for or receiving SNAP food benefits by reducing barriers in applying or renewing eligibility for benefits, facilitating the delivery of benefits and services to persons who are in need, and complying with federal law.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule revisions are not implemented, it may have a detrimental effect on the health of households applying for or receiving SNAP benefits because rules will not be in compliance with certain federal regulations and staff may not process benefits as quickly and accurately as possible.Failure to issue correct benefit amounts will lead to under issuance of client benefits or overpayments the client must repay.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 1, 2012 and modified December 4, 2012.
