COMMENT DUE DATE:
March 20, 2014
February 11, 2014
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
APA WF 13-02
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-6 [AMENDED]
(Reference APA WF 13-02)
SUMMARY:The proposed revision to Chapter 50 Subchapter 9 amends the rule to change the date a certification renewal is considered timely from the first to the 15th day of the last month of the certification period to comply with federal certification renewal timeliness regulations.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162); and 7 C.F.R 273.14(c).
Rule Impact Statement
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:January 24, 2014
Re:CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 9. Eligibility And Benefit Determination Procedures
OAC 340:50-9-6 [AMENDED]
(Reference APA WF 13-02)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose. The proposed revision to Chapter 50 Subchapter 9 amends the rule to change the date a certification renewal is considered timely from the first to the 15th day of the last month of the certification period to comply with federal certification renewal regulations.
Strategic Plan Impact. The proposed rule achieves Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes to achieve DHS efficiency.
OAC 340:50-9-6 is amended to change the date a certification renewal is considered timely from the first to the 15th day of the last month of the certification period to comply with federal regulations.
Reasons. The proposed revision is made to comply with federal certification renewal timeliness regulations.DHS realized it is not compliant during a recent federal audit.DHS rules indicate active Supplemental Nutrition Assistance Program (SNAP) food benefit households have until the first day of the last month in the current certification period to make timely reapplication.Per Section 273.14(c) of Title 7 of the Code of Federal Regulations (7 C.F.R. 273.14(c)), a certification renewal is considered timely when the household reapplies by the 15th day of the last month of certification.Changing the DHS rule provides a more adequate and correct timeframe for active SNAP food benefit households to make reapplication for SNAP.The expectation is certification for continued food benefits will occur by the last day of the last month in the current certification period so benefits will continue to be issued on the regular roll-day without a break in service.
Repercussions. If the proposed revision is not made, DHS continues to be out of compliance with federal regulations and cited for noncompliance during annual federal audits.Non-compliance may result in a reduction of Oklahoma's timeliness rate for regular 30-day processing and in quality control errors.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162); and 7 C.F.R 273.14(c).
Permanent rulemaking approval is requested.
Permanent rulemaking 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 affected by the proposed rule are households applying for or receiving SNAP food benefits and DHS staff. The affected classes of persons will bear no costs associated with implementation of the rule.
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 DHS 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 rule does not have an economic impact on the affected entities. There are no fee changes associated with the revised rule.
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 DHS includes the cost of printing and distributing the rule, estimated to be less than $20. The revised rule will result in enhanced delivery of servicesto 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 rule does 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 rule.
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 nor less intrusive methods for achieving the purpose of the proposed rule.
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 may reduce health risks for households applying for or receiving SNAP food benefits by facilitating the delivery of benefits and services to persons who are in need.
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 revision is not implemented, it may have a detrimental effect on the health of households applying for or receiving SNAP benefits when unnecessary breaks in service occur because timeliness standards are incorrect.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 30, 2013, modified December 4, 2013, modified January 24, 2014.
SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES
340:50-9-6. Procedures relating to food benefit certification renewals
(a) Worker action.The worker completes the application process, approves or denies applications for certification renewal, and provides eligible households with an opportunity to participate in a timely manner.The worker cannot continue benefits to the household beyond the certification period until the worker
certifies recertifies the household again.
(b) Notice of expiration.
(1) A computer-generated expiration notice titled, Continue My SNAP Benefit, is sent after deadline the month prior to the last month of the certification period.The notice informs households:
(A) they must provide information to complete their certification renewal within a time frame or food benefits stop by a certain date;
(B) of methods the household may use to supply certification renewal information including, but not limited to:
(i) online at okdhslive.org;
calling phoning the Oklahoma Department of Human Services ( OKDHS) at the telephone number listed on the notice to complete the renewal;
(iii) mailing a completed and signed paper renewal form to the address listed on the notice; or
(iv) faxing or
bringing hand delivering a completed and signed paper renewal form to the a local OKDHS office;
(C) how to obtain a paper renewal form;
OKDHS staff contacts the household when an interview is required;
(E) proof of household income must be provided; and
(F) proof of certain expenses is required before an expense deduction is given.
(c) Timely certification
Certification Timely certification renewals are processed within the time frames periods described in (A) through (B) of this paragraph.
(A) Prior certification of fewer than three months.A household with a prior certification period of fewer than three months who applies by the
first 15th day of the last month of the certification period is provided with the opportunity to participate, if eligible, no later than 30 calendar days after the date the household last had an opportunity to obtain its food benefits.
(B) Prior certification of three months or more.Certification renewals filed on or before the
first 15th day of the last month of the certification period are considered timely.If the household meets all of the requirements and completes all of the processing steps, the worker certifies or denies the application prior to the end of the certification period.
(i) Any eligible household who renews benefits timely is provided an opportunity to participate by its normal issuance date in the month following the end of the current certification period.
(ii) To retain this right to uninterrupted benefits, the household must have attended any interview and/or provided all required verification due on or after the deadline for filing timely certification renewals.
(iii) Although a household loses its right to uninterrupted benefits, it retains its right to complete the process and receive benefits, when eligible, within 30 calendar days of the application date.
who have that timely renewed renew, but , due to worker error, are not timely determined eligible are certified immediately upon being determined eligible. If When the delay in certification renewal extends into the following month, the certification is made retroactive to the first day of the month following expiration of the certification period.
(3) A household applying for certification renewal in the last month of its certification period is not entitled to expedited services.When the certification renewal is teleprocessed on or before the last day of the month of the
old previous certification period, the subsequent month's benefit is issued on the second working day of the month.
(d) Untimely certification renewal.A household
who that submits an untimely certification renewal, without good cause, loses its right to uninterrupted benefits and the worker has 30 calendar days to certify or deny the application.When a certification renewal is not received until after the certification period expired, the application is considered an initial application and benefits for that month are prorated.The household is entitled to expedited service if when the household qualifies per OAC 340:50-11-1.
(e) Good cause for failure to timely renew food benefits.When the household had good cause for its failure to submit a timely certification renewal or to otherwise complete the certification process and the household did not receive food benefits in the month following expiration of benefits, it is entitled to restoration of lost benefits per OAC 340:50-11-4.The worker determines good cause on a case-by-case basis.Good cause may include reasons, such as
may include failure to receive timely notice of expiration or personal illness.