COMMENT DUE DATE:
February 14, 2013
DATE:
January 7, 2013
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-23
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 July 1, 2013.
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 31. Legislative Intergovernmental Relations and Policy
Part 4. Office of Legislative Intergovernmental Relations and Policy
OAC 340:2-31-10 [AMENDED]
Part 5. Petitioning for Rulemaking
OAC 340:2-31-31 through 340:2-31-33 [AMENDED]
Subchapter 33. Rates and Standards
OAC 340:2-33-1 through 340:2-33-3 [AMENDED]
(Reference APA WF 12 23)
SUMMARY:The proposed revisions to Subchapters 31 and 33 of Chapter 2 amend rules to:(1) comply with Constitution and Statute changes; (2) revise sentence structure; and (3) update language and division name
SUBSTANTIVE CHANGES:
OAC 340:2-31-10 is amended to revise division name and sentence structure and to list duties consistent with current responsibilities.
OAC 2-31-31 through 340:2-31-33 are amended to reflect current Statute and Constitution revisions regarding rulemaking authority within the Oklahoma Department of Human Services (OKDHS) and revise sentence structure and division name.
OAC 340:2-33-1 through 340:2-33-3 are amended to reflect current Statute and Constitution revisions regarding rates and standards approval within OKDHS and to revise sentence structure and division name.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Administrative Procedures Act, 75 O.S. §§ 250 et. seq.; the Oklahoma Central Purchasing Act, 75 O.S. §§ 85.1 et. seq.; and Article XXV, Sections 2 and 4 of the Oklahoma Constitution repealed November 6, 2012.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Dena Thayer, programs administrator
Office of Intergovernmental Relations and Policy
Date:January 7, 2013
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 31. Legislative Intergovernmental Relations and Policy
Part 4. Office of Legislative Intergovernmental Relations and Policy
OAC 340:2-31-10 [AMENDED]
Part 5. Petitioning for Rulemaking
OAC 340:2-31-31 through 340:2-31-33 [AMENDED]
Subchapter 33. Rates and Standards
OAC 340:2-33-1 through 340:2-33-3 [AMENDED]
(Reference APA WF 12 23)
Contact:Dena Thayer 405-521-4326
A. Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 31 and 33 of Chapter 2 amend rules to: (1) comply with Constitution and Statute changes; (2) revise sentence structure; and (3) update language and division name.
Strategic Plan impact. The proposed rules support the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes.
Substantive changes.
OAC 340:2-31-10 is amended to revise division name and sentence structure and to list duties consistent with current responsibilities.
OAC 2-31-31 through 340:2-31-33 are amended to reflect current Statute and Constitution revisions regarding rulemaking authority within the Oklahoma Department of Human Services (OKDHS) and revise sentence structure and division name.
OAC 340:2-33-1 through 340:2-33-3 are amended to reflect current Statute and Constitution revisions regarding rates and standards approval within OKDHS and to revise sentence structure and division name.
Reasons. The proposed revisions bring OKDHS into compliance with the Constitution and Oklahoma Statutes.
Repercussions. The proposed rules make OKDHS compliant with the Constitution and Oklahoma Statutes.If the proposed revisions are not implemented, OKDHS will not be in compliance with the Constitution or state Statute.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Administrative Procedures Act, 75 O.S. §§ 250 et. seq.; the Oklahoma Central Purchasing Act, 75 O.S. §§ 85.1 et. seq.; and Article XXV, Sections 2 and 4 of the Oklahoma Constitution repealed November 6, 2012.
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 the citizens of Oklahoma and the recipients of OKDHS services.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 Oklahoma citizens as well as OKDHS recipients.
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 service to OKDHS recipients.
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 state mandates.
I. A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rule revisions will bring the rules into compliance with state Statutes and Constitution, that will positively impact the health, safety, and well-being of the citizens of Oklahoma.
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, rules will not be in compliance with state Statutes and the Constitution.
K. The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 17, 2012. Modified January 7, 2013.
SUBCHAPTER 31. LEGISLATIVE INTERGOVERNMENTAL RELATIONS AND POLICY
PART 4. OFFICE OF LEGISLATIVE INTERGOVERNMENTAL RELATIONS AND POLICY
340:2-31-10. Legislative Intergovernmental relations and policy
Revised 5-11-07 07-01-13
(a) Purpose.The Office of Legislative Intergovernmental Relations and Policy (OLRPOIRP):
(1) serves as the liaison between the Oklahoma Department of Human Services (OKDHS) and other state agencies including the state legislature and the Oklahoma Health Care Authority;
(2) serves as the liaison to the Oklahoma Health Care Authority (OHCA);
(3) chairs and staffs the OKDHS Committee on Rates and Standards;
(4) provides staff for the Human Services Cabinet;
(5)(3) manages OKDHS rules, policy, and procedures; and
(6)(4) ensures policy and other forms of communications communication comply with federal and state statutes.
(b) Legal authority.OKDHS rules are promulgated per the Administrative Procedures Act, Sections 250.1 through 323 of Title 75 of the Oklahoma Statutes.
PART 5. PETITIONING FOR RULEMAKING PETITION
340:2-31-31. Petitions for rulemaking Rulemaking petition
Revised 5-11-07 07-01-13
(a) Submission.Any person may petition the Oklahoma Department of Human Services (OKDHS) in writing to request the promulgation, amendment, or repeal of a rule.
(1) The petition for rulemaking rulemaking petition is submitted to the OKDHS Office of Legislative Intergovernmental Relations and Policy (OLRPOIRP) Policy Management Unit (PMU) by:
(A) mail to P.O. PO Box 25352, Oklahoma City, OK Oklahoma 73125, Attention, Policy Management Unit Office of Intergovernmental Relations and Policy; or
(B) delivery to the Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK Oklahoma.
(2) The rulemaking petition is considered submitted upon OIRP receipt in OLRP.
(A) OLRP OIRP date stamps the petition for rulemaking rulemaking petition to document receipt date of receipt.
(B) A petition for rulemaking rulemaking petition submitted to the OKDHS Director of Human Services (Director) is forwarded to, and considered submitted, when received in OLRP upon OIRP receipt.
(b) Form and content.The petition for rulemaking rulemaking petition must contain:
(1) a clear statement of the requested action requested and the desired relief or solution desired as a result of the requested new rule or rule revision;
(2) the Title, Chapter, Subchapter, and Section, if known, or a copy of the existing rule that is proposed to be revised or a copy of the rule for revision;
(3) a statement of the facts supporting the requested new rule or rule revision facts, including any legal grounds, and other relevant information or views on which the petitioner relies.
(A) A copy of any reference or source references or sources cited in the statement is are submitted with the rulemaking petition unless the reference or source is readily available to OKDHS.
(B) When a petition requests more than one rule revision, a single statement that supports and justifies each proposed revision meets the requirements of this subsection When petitioning for more than one rulemaking, a single statement for each proposal must;
(i) support and justify the proposal; and
(ii) meet this subsection's requirements;
(4) a description of the class or classes of persons, if known, who most likely will most likely be affected by the proposed revision; and
(5) the petitioner or authorized representative's signature, and printed name, address, and day time telephone number numbers of the petitioner or authorized representative.
(c) Incomplete or revised petition.
(1) When the petition for rulemaking rulemaking petition does not contain the minimally required information, the petitioner or authorized representative is sent a written request for additional information in writing that specifies the manner in which specifying how the rulemaking petition is deficient.
(2) The petitioner or authorized representative may supplement or revise the rulemaking petition for rulemaking at any time prior to the Director's approval by the OKDHS Director or submission of the proposed change to the Oklahoma Commission for Human Services.Significant changes; however, significant revisions may result in withdrawal of the rulemaking petition and require re-initiation of the rulemaking process with a new rulemaking petition.
340:2-31-32. Consideration and disposition of petition for rulemaking rulemaking petition
Revised 5-11-07 07-01-13
(a) Review of petition Rulemaking petition review.Within 15 calendar days after receipt of a rulemaking petition to promulgate, amend, or repeal a rule, the Office of Legislative Intergovernmental Relations and Policy (OLRPOIRP) reviews the petition and after consultation with the Oklahoma Department of Human Services (OKDHS) Director of Human Services (Director) denies, requests additional information, or initiates rulemaking proceedings.
(b) Denial of petition Rulemaking petition denial.The petition for rulemaking rulemaking petition is denied, in whole or in part when the petition:
(1) requests promulgation of a rule that Oklahoma Department of Human Services (OKDHS) is clearly without authority to promulgate;
(2) requests a new rule or rule revision inconsistent with or that violates any applicable statutory or constitutional authority;
(3) requests promulgation, amendment, or repeal of an OKDHS policy that does not constitute a rule as defined in the Oklahoma Administrative Procedures Act at per Section 250.3(217) of Title 75 of the Oklahoma Statutes;
(4) is frivolous and or not proposed in good faith; or
(5) proposes a new or revised rule that is not feasible based on available and or anticipated OKDHS resources.
(A) When denial is based on feasibility, the OLRP OIRP coordinator or designee notifies the petitioner of the denial in accordance with per OAC 340:2-31-33.The petitioner may make a written request to the OLRP coordinator to present the petition to the Oklahoma Commission for Human Services (Commission).
(i) Within five working days of receipt of the request, the OLRP coordinator submits the petition, written recommendations, and all other relevant information to the Chair of the Commission with a copy to the affected division.
(ii) The Chair of the Commission approves or denies the petitioner's request.
(I) If the Chair denies the petitioner's request, the OLRP coordinator or designee notifies the petitioner in accordance with OAC 340:2-31-33 and the affected division.
(II) If the Chair approves the petitioner's request, the petition is placed on the Commission agenda and OLRP notifies the affected division.
(iii) At the Commission meeting, the petitioner may present arguments in favor of the new rule or rule revision.The OLRP coordinator has the opportunity to present the OKDHS reasons for denial of the petition.
(iv) The Commission either directs the initiation of rulemaking procedures as requested, in full or in part, or denies the petition.The OLRP coordinator or designee notifies the petitioner in writing of the final Commission decision.
(c) Approval of petition Rulemaking petition approval.OKDHS rulemaking proceedings are initiated when OLRP OIRP submits the approved petition for rulemaking rulemaking petition to the appropriate division director for action.
(1) Within 60 calendar days after receipt of the petition by the affected division receives the rulemaking petition, the division director places the proposed new rule or rule revision proposal into the proper format for proposed rulemaking action format, and submits the proposal it to OLRP for intra-agency circulation and reviewOIRP.¢ 1
(2) Intra-agency review is completed and the The proposed new rule or rule revision proposal is submitted to the OKDHS Director within 45 calendar days after initial intra-agency circulation OIRP receipt.
(3) Within 30 calendar days of receipt of the proposed new rule or rule revision by the OKDHS Director after the Director's receipt, the OKDHS Director recommends approval, disapproval, or amendment of the proposed rule change proposal.When the Director recommends approval, the OLRP coordinator or designee submits the proposal to the Commission for action at the next regularly scheduled Commission meeting for which there has been sufficient time to place the proposal on the Commission agenda.
INSTRUCTIONS TO STAFF 340:2-31-32
Revised 5-11-07 07-01-13
1.The Oklahoma Department of Human Services (OKDHS) division policy liaison for the division refers liaisons refer to OKDHS:2-31-27 for procedures for submitting rule revisions to the Office of Legislative Intergovernmental Relations and Policy (OLRP).
340:2-31-33. Notification to petitioner Rulemaking petitioner notification
Revised 5-11-07 07-01-13
Within five working days of receipt of the petition for rulemaking rulemaking petition, the Office of Legislative Intergovernmental Relations and Policy (OLRPOIRP) coordinator or designee provides written notification to the petitioner of the petition receipt of the petition.Within five working days after any action taken related to the petition, OLRP OIRP provides written notification to the petitioner of:
(1) denial of the rulemaking petition denial, in whole or in part, including the reasons for the denial;
(2) initiation of Oklahoma Department of Human Services (OKDHS) rulemaking proceedings, including the date of submission of the proposed rule revision submission date to the OKDHS Director of Human Services (Director) for approval;
(3) the substance of comments received and any revisions made during the intra-agency review period, including a copy of the revised rule proposed by the division; and
(4) any Director action by the OKDHS Director and the Commission for Human Services (Commission) on the proposed rule revision; and
(5) the date, time, and place of the Commission meeting when the proposed rule revision will be considered.
SUBCHAPTER 33. RATES AND STANDARDS
340:2-33-1. Purpose
Revised 5-11-07 07-01-13
(a) The purpose of this Subchapter is to describe the process that the Oklahoma Department of Human Services (OKDHS) uses for establishing and modifying fixed rates and service levels for service provider contracts.
(b) The Oklahoma Commission for Human Services (Commission) is the official rate setting body Director of Human Services (Director) sets the rates for the OKDHS administered programs administered by OKDHS.
(c) The policies and procedures in this Subchapter describe how information and recommendations are collected and provided to the Commission members Director for their use in establishing service rates and standards for services.
340:2-33-2. Legal basis and role of the Department of Central Services
Revised 5-11-07 07-01-13
(a) The Oklahoma Central Purchasing Act found at Section 85.1 et. seq. of Title 74 of the Oklahoma Statutes is the legal basis for establishing fixed and uniform rates is the Oklahoma Central Purchasing Act found at Section 85.1 et. seq. of Title 74 of the Oklahoma Statutes.
(b) The statute requires that any agency agencies desiring to have a service qualified for a fixed and uniform rate, or an established rate modified, submit a written request and all supporting documentation to the Department of Central Services (DCS) Office of Management and Enterprise Services Division of Capital Assets Management (DCAM).If DCS DCAM qualifies such service for a fixed and uniform rate, the rate must then be approved in a public hearing before a contract can be legally entered into by the agency the agency can enter into a legal contract.
(1) The agency notifies the DCAM Director of DCS at least 30 days in advance of the scheduled hearing.Along with the notice the The agency delivers the notice, a copy of the agenda items relating to the proposed rate, with and all supporting documentation.
(2) The DCAM Director of DCS communicates a recommendation to the agency either in advance of the hearing or at the time of the hearing.Whether made in person or in writing, any comment made by the DCAM Director of DCS is, by law, included in the minutes of the hearing minutes.
(c) Within two weeks after the convening of the Legislature convenes, the administrative officer of each state agency furnishes to provides the Speaker of the House of Representatives and the President Pro Tempore of the Senate a complete list of all the types of services paid for by uniform fixed rates and the number of contracts in existence for each type of service.
340:2-33-3. Committee on Rates and Standards
Revised 5-11-07 7-1-13
(a) The Committee on Rates and Standards (Committee) is comprised of Oklahoma Department of Human Services (OKDHS) administrative and executive level staff designated by the OKDHS Director of Human Services (Director).
(b) The Oklahoma Commission for Human Services (Commission) is the official rate setting body for Director sets OKDHS rates.
(c) The Committee serves the rate setting process by conducting public hearings at which where the public, vendors, and OKDHS staff are afforded the opportunity to provide testimony and documented evidence in support of rate recommendations.¢ 1
(1) The Committee, by majority vote, records a recommendation to the Commission Director setting forth specific payment rates of payment for specific services.If the Committee determines additional information is needed, the chair may recess the meeting until a later date to allow interested parties or staff additional time to secure the information.
(2) Once the Committee reaches a recommendation, the chair schedules the rate issue to be heard at the next scheduled Commission meeting Director reviews and approves or disapproves the rate.
(3) At the Commission meeting, the Committee chair presents the rate issue and relays the Committee's recommendation to the Commission.
(4) After the presentation and after hearing further public testimony, if appropriate or requested, the Commission votes to approve, deny, or modify the recommendation of the Committee.
INSTRUCTIONS TO STAFF 340:2-33-3
Revised 5-11-07 7-1-13
1.(a)Policy Management Unit (PMU) Office of Intergovernmental Relations and Policy (OIRP) responsibilities.In the rate setting process, the Office of Legislative Relations and Policy (OLRPOIRP) PMU:
(1) maintains the official record of rate setting activities record;
(2) corresponds with the Department of Central Services (DCS) Office of Management and Enterprise Services Division of Capital Assets Management (DCAM) by:
(A) securing required information from the rate requesting division and submitting written requests to DCS DCAM requesting specified services be qualified for fixed rates or an established rate be modified;
(B) writing and submitting notifications of rate hearings at least 30 days in advance of the hearing as required by law including the agenda and supporting documentation for the recommended rate at least 30 days in advance of the hearing as required by law; and
(C) responding to DCAM questions or requests from DCS;
(3) routes a copy of the public notice and the agenda for each public meeting to the Office of Communications for publication on the Secretary of State website for each public meeting;
(4) schedules a pre-meeting of the Committee on Rates and Standards (Committee) members and the rate requesting division pre-meeting to review documentation and prepare for the formal public hearing; and
(5) performs rate setting process coordinating functions pertaining to the rate setting process by:
(A) preparing, circulating, and posting meeting agendas;
(B) reserving and preparing hearing and meeting rooms;
(C) documenting events and votes in writing; and
(D) organizing information from the rate requesting division in the form of an issue paper to be mailed to Oklahoma Commission for Human Services (Commission) members in advance of the meeting scheduled for the Commission to hear the rate request for the Director of Human Services (Director) review.
(b)Responsibilities of the rate Rate requesting division responsibilities.In the rate setting process, the rate requesting division:
(1) researches and gathers documentation supporting a request for qualifying a service for fixed rates and establishing the initial rate or for modifying an established rate;
(2) submits the written rate action request for rate action, together with supporting documentation and any policy revisions, to the chair of the Committee chair and to the PMU programs manager OIRP policy programs administrator;
(3) provides any additional information requested by the Committee or PMU OIRP;
(4) invites stakeholders and other interested parties to attend, and participate, or both, in the public hearing;
(5) presents the proposed rate and supporting documentation at:
(A) any meetings requested by the Committee prior to the public hearing; and
(B) the public hearing; and
(6) assures staff is available at the Commission meeting to meet with the Director to answer any questions Commission members may pose posed concerning the rate proposal.
