COMMENT DUE DATE:
March 4, 2013
DATE:
January 31, 2013
Laura Brown, AFS 405-521-4396
Dena Thayer, OIRP Programs Administrator 405-521-4326
RE:
APA WF 12-25
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 61. REPATRIATION PROGRAM [NEW]
OAC 340:61-1-1 through 340:61-1-4 [NEW]
(Reference APA WF 12-25)
SUMMARY:The proposed rules are created for the Repatriation Program (RP) in Chapter 61 to: (1) describe the purpose and legal base of the program; and (2) issue rules regarding applicant eligibility, referral information, Oklahoma Department of Human Services (OKDHS) responsibilities, and types of temporary assistance.
SUBSTANTIVE CHANGES:
340:61-1-1 is issued regarding the purpose of the program.
340:61-1-2 is issued regarding the legal base of the program.
340:61-1-3 is issued regarding: (1) applicant eligibility for the program; (2) information included in the referral packet received from the Office of Refugee Resettlement (ORR); and (3) OKDHS responsibilities for the program.
340:61-1-4 is issued to: (1) define temporary assistance; and (2) explain eligibility rules and procedures regarding types of temporary assistance including cash payments, housing, transportation, and other necessary goods and services.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; Section 1113 of Title XI of the Social Security Act (Assistance for U.S. Citizens Returned from Foreign Countries); an OKDHS agreement with the Department of Health and Human Services; an Administration for Children and Families (ACF) Fact Sheet; and the referral information packet received from the Office of Refugee Resettlement.
Rule Impact Statement
To:Dena Thayer, Programs Administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:February 2, 2013
Re:CHAPTER 61. REPATRIATION PROGRAM [NEW]
OAC 340:61-1-1 through 340:61-1-4 [NEW]
(Reference APA WF 12-25)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed rules are created for the Repatriation Program (RP) in Chapter 61 to: (1) describe the purpose and legal base of the program; and (2) issue rules regarding applicant eligibility, referral information, Oklahoma Department of Human Services (OKDHS) responsibilities, and types of temporary assistance.
Strategic Plan impact. The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:61-1-1 is issued regarding the purpose of the program.
340:61-1-2 is issued regarding the legal base of the program.
340:61-1-3 is issued regarding: (1) applicant eligibility for the program; (2) information included in the referral packet received from the Office of Refugee Resettlement (ORR); and (3) OKDHS responsibilities for the program.
340:61-1-4 is issued to: (1) define temporary assistance; and (2) explain eligibility rules and procedures regarding types of temporary assistance including cash payments, housing, transportation, and other necessary goods and services.
Reasons. Federal rules governing the RP were established in 1935 and OKDHS signed an agreement in 1980 with the Department of Health and Human Services to provide repatriation services.The proposed rules are issued regarding the RP as Oklahoma has recently been responsible for providing repatriation services for three persons.OKDHS arranged for services using information provided in the referral information packet received from ORR.Issuing rules helps standardize and explain procedures to OKDHS staff and the repatriate.Clear, concise, and standardized rules help OKDHS staff assist the repatriate in a timely and efficient manner.
Repercussions. Issuing RP rules helps OKDHS staff provide necessary assistance in a timely manner and explains rules for the repatriate.Failure to issue these rules may make it more difficult to provide repatriation services timely and efficiently as rules are not standardized and easily accessed by the repatriate and OKDHS staff.
Legal authority. Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; Section 1113 of Title XI of the Social Security Act (Assistance for U.S. Citizens Returned from Foreign Countries); an OKDHS agreement with the Department of Health and Human Services; an Administration for Children and Families (ACF) Fact Sheet; and the referral information packet received from the Office of Refugee Resettlement.
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 repatriates 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 are repatriates 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 and is within the current budget.All funds issued for the repatriate are reimbursed by ORR.
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 providing readily available access to the rules and procedures governing the program.
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 the repatriate's ability to receive the services needed for successful relocation.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 5, 2012 and modified January 3, 2013.
CHAPTER 61. REPATRIATION PROGRAM
340:61-1-1. Purpose
Issued 7-1-13
The purpose of this Chapter is to describe the rules governing the Oklahoma Department of Human Services (OKDHS) Repatriation Program.
340:61-1-2. Legal base and availability of funds
Issued 7-1-13
(a) The United States (U.S.) Repatriation Program (RP) was established in 1935 by Section 1113 of Title XI of the Social Security Act (Assistance for U.S. Citizens Returned from Foreign Countries) to provide temporary assistance to U.S. citizens and their dependents who have been identified by the Department of State as having returned, or been brought from a foreign country to the U.S. because of destitution, illness, war, threat of war, or a similar crisis, and are without available resources to meet their needs.The total amount of temporary assistance provided under this Section shall not exceed $1,000,000 during any fiscal year except fiscal year 2010.
(b) The Department of Health and Human Services (DHHS), Office of Refugee Resettlement (ORR) manages this program. The RP is administered by the state in which the repatriated citizen chooses to relocate, with up to 100 percent reimbursement claimed from federal funds.
(c) Non-emergency repatriation for individuals and their dependents is coordinated by the Oklahoma Department of Human Services per agreement dated October 9, 1980 with the DHHS Social Security Administration Office of Family Assistance. ¢ 1
INSTRUCTIONS TO STAFF 340: 61-1-2
Issued 7-1-13
1.The United States (U.S.) Repatriation Program (RP) contains four different components:
(1) temporary assistance for non-emergency individuals and their dependents administered by the Oklahoma Department of Human Services (OKDHS);
(2) individual repatriation of mentally ill repatriates administered by OKDHS;
(3) emergency repatriation administered by the Oklahoma Department of Emergency Management (ODME); and
(4) group repatriation administered by ODME.
340:61-1-3. Program eligibility and responsibilities
Issued 7-1-13
(a) Applicant eligibility.The Office of Refugee Resettlement (ORR) or contracted agency staff determines the repatriated individual's eligibility for the Repatriation Program (RP).¢ 1Assessment of the repatriate's available resources, including identification of services or assistance the repatriate is receiving or is able to receive is necessary to determine eligibility for the RP.
(1) Temporary assistance is not an entitlement.
(2) The RP is voluntary and the repatriate may refuse to accept services.¢ 2
(3) The repatriate may be eligible for temporary assistance in the form of a loan for up to 90 calendar days from the date the repatriate re-enters the United States (U.S.) if the repatriate signs a repayment agreement.
(4) Minors and adults found not competent to make decisions are not obligated to sign a repayment agreement.¢ 3
(5) To determine whether the repatriate is eligible for repatriation assistance, it must be established that necessary services or assistance are unavailable to the repatriate via any alternative resources.
(6) Certain temporary assistance may be furnished after the 90 calendar day period ends if the:
(A) repatriate submits an extension request with supporting documentation included prior to the end of the 90 calendar day eligibility period; and
(B) ORR finds that the circumstances involved necessitate or justify the furnishing of such assistance beyond the 90 day limit.
(7) The repatriate must notify the refugee coordinator of address changes during the period of time the repatriation case is open.He or she is expected to continue to notify ORR of address changes after case closure until the repatriation loan is paid in full.
(8) The repatriate's case may be closed before the 90 calendar day period expires when the:
(A) repatriate's case contains an unaccompanied child and the child enters foster care upon arrival in the U.S. or is released to a parent or relative not requesting services;
(B) repatriate becomes self-sufficient and has access to necessary benefits, housing, and other services and no longer needs the temporary assistance;
(C) ORR discovers the repatriate has access to other sources of income;
(D) repatriate dies upon arrival in the U.S.; or
(E) repatriate who was destitute or without available resources in the foreign country, is able to regain access to financial resources such as Social Security or Supplemental Security Income benefits or is staying in a hospital or nursing facility.
(b) Referral information packet.ORR mails a referral information packet to the Oklahoma Department of Human Services (OKDHS), Adult and Family Services (AFS) Temporary Assistance for Needy Families (TANF) Section for processing.The referral information packet contains documents for the repatriate and OKDHS.Items in the packet include:¢ 4
(1) a welcome letter for the repatriate explaining that:
(A) any funds issued are in the form of a loan that must be repaid by the repatriate;
(B) upon request, the OKDHS staff person will explain the documents included in the welcome packet; ¢ 5
(C) OKDHS staff refers the repatriate for services available within the community or gives the repatriate information about available services; and
(D) if needed and requested, the refugee coordinator coordinates other service requests for the repatriate; ¢ 6
(2) the repatriate's rights and obligations;
(3) documents requiring the repatriate's signature prior to funds being issued;
(4) assessment information regarding the repatriate and his or her service needs; and
(5) procedural information for OKDHS staff.
(c) OKDHS responsibilities regarding the RP.Upon receipt of the referral information packet, the refugee coordinator in the OKDHS AFS TANF Section is responsible for:
(1) confirming the repatriate's arrival date and time and arranging for an OKDHS staff person to meet the repatriate at the airport;¢ 7
(2) being the contact person for the repatriate and ORR or its contracted agency staff;¢ 8
(3) coordinating services for the repatriate during the 90 calendar day temporary assistance period;
(4) coordinating completion of forms and documents necessary to issue funds and receive reimbursement from the ORR or its contracted agency; ¢ 9
(5) monitoring the repatriate's case at different intervals to ensure he or she continues to meet eligibility requirements and determine if further assistance is needed; ¢ 10
(6) providing periodic updates regarding the repatriate to ORR or its contracted agency staff;
(7) submitting extension requests as quickly as possible; ¢ 11
(8) maintaining all records concerning the repatriate for at least three years from the date the final expenditure report is submitted; and
(9) upon case closure, completing a survey and submitting a closing summary to ORR that includes information about the funds expended and services provided to the repatriate and the repatriate's current address.
INSTRUCTIONS TO STAFF 340:61-1-3
Issued 7-1-13
1.The Office of Refugee Resettlement (ORR) currently contracts with International Social Services (ISS) USA.
2.Prior to signing a decline of services form, a determination should be made regarding the repatriate's competency.If the repatriate chooses not to meet the Oklahoma Department of Human Services (OKDHS) representative at the airport, he or she can request services at a later day within the 90 calendar day eligibility period.
3.When an escorted minor is transferred to the care of a parent or other relative and the parent or relative is not requesting services, the ISS case may be closed upon arrival or placement confirmation.The parent or relative, if requesting services, must sign a repayment agreement.
4.Necessary documents may also be accessed at iss-usa.org by clicking on the Repatriations icon.
5.The person who meets the repatriate at the airport must be prepared to explain the documents to the repatriate if requested.
6.In addition to the welcome packet, the person who meets the repatriate at the airport gives the repatriate the refugee coordinator's name and telephone number as the person to contact if additional services are needed.Refer to OAC 340:61-1-4(c) for social services information.
7.(a) The refugee coordinator requests assistance in choosing a representative from the county director of the county in which the repatriate plans to live.
(1) An Adult Protective Services (APS) staff member is chosen if the assessment information indicates the repatriate has mental health issues.In addition to providing information included in the welcome packet to the repatriate, the APS staff is asked to help determine the adult's competency and service needs.
(2) A Child Welfare Services (CWS) staff member is chosen if the repatriate is an unaccompanied minor.Prior to arrival, when the assessment information indicates a parent or relative is meeting the child at the airport, the refugee coordinator requests completion of a child abuse background check and a brief home study on the parent or relative.If no one is meeting the child, CWS arranges the child's placement.
(b) Prior to the repatriate's arrival, the refugee coordinator:
(1) sends a copy of the referral information packet to the OKDHS staff meeting the repatriate at the airport;
(2) reviews the assessment information provided in the referral information packet with the representative or other county staff with knowledge of local community resources to develop a plan to meet the stated service need requests prior to the repatriate's arrival; and
(3) discusses forms and procedures included in the referral information packet with the representative meeting the repatriate at the airport so he or she is able to answer questions, if asked.
(c) When the assessment information indicates the person needs transportation from the airport to the final destination, the refugee coordinator arranges for a car seat, wheel chair, or ambulance service if indicated.When free transportation is not available from the repatriate's friends, family, or a local agency, the refugee coordinator arranges for a bus pass or taxi service.
8.Prior to the repatriate's arrival, the refugee coordinator advises ORR or its contracted agency staff of the name of the person who will meet the repatriate at the airport, the suggested plan to meet the repatriate's stated needs upon arrival, and the refugee coordinator's contact information in the event of an emergency.
9.(a) The refugee coordinator notifies OKDHS Finance staff of the need to issue funds for the repatriate.OKDHS Finance Division staff issues cash assistance in the form of a warrant made out to the repatriate.Payment for other expenses is paid to the service provider, not the repatriate.
(b) OKDHS submits requests for reimbursements on a monthly basis to ISS.Blank forms and documents are available at www.iss-usa.org.To be reimbursed for expenses paid for the repatriate, OKDHS staff must submit:
(1) a cover letter requesting reimbursement and containing the name, address and telephone number and/or email address of the contact person, who the check should be made payable to with mailing address, and the period of time the request covers;
(2) Form 2061, Assistance for United States Citizen Returned from Foreign Countries – Report on Referral;
(3) Form SSA 3955, Assistance for United States Citizens Returned from Foreign Countries – Expenditure Statement and Claim for Reimbursement;
(4) a detailed written explanation of all costs associated with the reimbursement request;
(5) supporting documentation including originals or copies of all receipts, signed cash disbursement acknowledgement forms, vouchers, and case notes.
(c) Reimbursement requests not submitted within the federal fiscal year may not be reimbursed.
10.(a) The refugee coordinator contacts the repatriate to determine if:
(1) the repatriate's service needs are being met;
(2) additional services are needed;
(3) the repatriate has changed addresses; and
(4) the repatriate wishes to request an extension or a waiver or deferral of payment.
(b) The refugee coordinator documents information in the case record and notifies ORR or its contracted agency staff.
11.When the repatriate requests an extension within the 90 calendar day eligibility period, the refugee coordinator sends the request to ORR or its contracted agency indicating why the extension is needed and attaches all supporting documents supplied by the repatriate.
340:61-1-4. Repatriation Program (RP) services provisions
Issued 7-1-13
(a) Temporary assistance.The RP defines temporary assistance as cash payments, medical care (including counseling), temporary or permanent housing, transportation, and other goods and services necessary for the health or welfare of the repatriate.
(1) All funds are issued in the form of a loan and must be repaid to the United States Government.
(2) The repatriate may request a waiver or deferral of repayment of funds expended on his or her behalf within 30 calendar days of receiving a demand for payment letter from the Office of Refugee Resettlement (ORR) or its contracted agency.The letter advises the repatriate who to contact to request the waiver or deferral of payment.¢ 1
(b) Cash assistance.The repatriate is eligible to receive a cash assistance loan equivalent to three months of Temporary Assistance for Needy Families (TANF) for the same family size as shown on Schedule IX of Appendix C-1, Maximum Income, Resource, and Payment Standards.The cash assistance is issued in the form of a warrant after the repatriate signs the repayment agreement.¢ 2
(c) Social services.Upon receipt of the information referral packet, the Adult and Family Services (AFS) refugee coordinator reviews the assessment information provided regarding the repatriate and his or her dependents to determine the repatriate's identified social service needs.
(1) In addition to or instead of cash assistance, the assessment information may indicate the repatriate needs other types of temporary assistance.
(2) The refugee coordinator and local county staff develop a tentative plan to meet the repatriate's social service needs prior to the repatriate's arrival.This plan is presented to the repatriate at the airport.The repatriate is free to accept or reject any part of the service plan.Refer to OAC 340:61-1-3 regarding minors and mentally incompetent adults.
(3) The service plan includes helping the repatriate apply for all public assistance he or she appears eligible to receive including programs administered by the Oklahoma Department of Human Services (OKDHS) and other local agencies.RP funds are not expended when the services are available free of charge per Section 1113 of Title XI of the Social Security Act (Assistance for U.S. Citizens Returned from Foreign Countries).
(A) Public assistance benefit programs administered by AFS include TANF, Supplemental Nutrition Assistance Program food benefits, Child Care Subsidy Program, and SoonerCare (Medicaid) medical benefits.¢ 3
(B) Depending on the repatriate's circumstances, he or she may also be eligible for services administered by other divisions within OKDHS including the Developmental Disability Services Division, Aging Services Division, and Oklahoma Child Support Services.
(C) Public assistance available through other local agencies may include housing assistance, benefits from the Social Security Administration, food banks, help finding a job, transportation, clothing closets, or medical clinics.¢ 4
(4) The OKDHS staff person meeting the repatriate at the airport presents all available options to the repatriate prior to signing a repayment agreement.This allows the repatriate to make an informed decision about accepting an RP loan.
(d) Medical assistance.When the repatriate needs immediate medical attention, the refugee coordinator locates a medical provider willing to treat the repatriate upon arrival.ORR reimburses the medical provider reasonable, allowable, and allocable expenses that are not covered by an outside source such as insurance or SoonerCare (Medicaid).¢ 5
INSTRUCTIONS TO STAFF 340:60-1-4
Issued 7-1-13
1.The demand for payment letter is sent upon closure of the temporary assistance case.Information about the waiver or deferral of payment process is included in the information referral packet for reference if the repatriate asks about the process.The repatriate must send necessary paperwork directly to the address listed on the demand for payment letter.The repatriate may also call International Social Services USA (ISS) at 443-451-1200 or visit the ISS website at http://www.iss-usa.org/.
2.The refugee coordinator arranges for Oklahoma Department of Human Services Finance Division staff to issue the warrant.Refer to OAC 340:61-1-3 Instructions to Staff (ITS) # 9 for issuance procedures.
3.The refugee coordinator or local county staff makes arrangements for the repatriate to apply for all benefits for which he or she appears eligible.Approval of benefits is expedited if possible.
4.The repatriate is given a list of available community resources for future reference.When services are needed immediately such as transportation from the airport or temporary housing, the refugee coordinator or local county staff makes these arrangements prior to the repatriate's arrival.
5.A sample medical provider letter is included in the information referral packet.
