COMMENT DUE DATE:
October 28, 2013
DATE:
October 18, 2013
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 13-O
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is November 1, 2013.
SUBJECT:
Chapter 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
OAC 340:20-1-15 Instructions to Staff (ITS) Only [AMENDED]
RE:WF 13-O ITS only
SUMMARY:Oklahoma Administrative Code (OAC) 340:20-1-15 is revised to clarify overpayment and recoupment procedures for the Low Income Home Energy Assistance Program.
SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
OAC 340:20-1-15 Instructions to Staff (ITS) Only [AMENDED]
340:20-1-15. Other procedures
Revised 6-1-08
(a) Referral for low income weatherization assistance.Homeowner households who are eligible for Low Income Home Energy Assistance Program (LIHEAP) may be eligible for low income weatherization assistance through funds Oklahoma Department of Human Services (OKDHS) allocates to the Oklahoma Department of Commerce (ODOC) for the weatherization assistance program.The actual weatherization services are provided locally through Community Action Agencies pursuant to approval from ODOC.Renters are not eligible for LIHEAP weatherization services.
(1) The Family Support Services Division (FSSD) LIHEAP Section staff provides ODOC with a list of clients approved for LIHEAP.The list is then transmitted by ODOC to local Community Action Agencies for use in identifying homeowner households eligible for LIHEAP weatherization assistance.
(2) The local OKDHS human services center (HSC) staff responds to direct inquiries from the local Community Action Agency or local weatherization contractor concerning the eligibility for LIHEAP of households not appearing on the list.
(3) The HSC accepts LIHEAP referrals from local contractors and expedites the processing of the LIHEAP application.
(4) The HSC county director sends representatives to projects and meetings of local contractors for intake and certification of potentially eligible individuals when, in the sole discretion of the HSC county director, this outreach can effectively and efficiently be accomplished.The HSC staff inquires about the condition of the LIHEAP applicant's residence and refers LIHEAP homeowner clients in need of weatherization services, and who have not received weatherization services in a prior year, to the Community Action Agency or the local weatherization contractor.
(b) Fair hearing.Fair hearing rules at OAC 340:2-5 that apply to the Temporary Assistance for Needy Families (TANF) category also apply to LIHEAP except that immediate adverse action may be taken on open cases without an advance notice.Because of the emergency situation that may exist, a request for a hearing is expedited.¢ 1
(c) Overpayments.When HSC staff determines an overpayment exists, the worker submits a memo explaining the overpayment to the FSSD LIHEAP Section.¢ 2All overpayments are used as part of the LIHEAP monitoring process rather than in a collection process.
(d) Referral for vendor fraud.When HSC staff becomes aware of situations where a vendor accepts payment from OKDHS on behalf of a household, but fails to provide service, either wholly or in part, as legally required, HSC staff contacts the FSSD LIHEAP Section for potential referral to the OKDHS Office of Inspector General (OIG).
(e) Transfers.Cases being transferred do not normally need to be closed.¢ 3
INSTRUCTIONS TO STAFF 20-1-15
Revised 6-1-0811-1-13
1.The county director reviews cases appealed on the basis of based on an alleged administrative error and either directs needed corrections or refers for a fair hearing.
2.(a) When the worker determines an overpayment exists, the worker writes a brief report sends a memo to the Adult and Family Services (AFS) Low Income Home Energy Assistance Program (LIHEAP) staff that includes the date, overpayment amount, and reason for the overpayment and sends the report to the Family Support Services Division Low Income Home Energy Assistance Program (LIHEAP) Section explaining occurred.
(b) AFS LIHEAP staff evaluates the validity of the overpayment, and, when possible, contacts the utility vendor to recoup the overpayment.When it is not possible to recoup the overpayment from the utility vendor, AFS LIHEAP staff sends the memo to the AFS Benefit Integrity and Recovery Section to establish the overpayment against the client.
3.The same procedures are used for transferring LIHEAP cases as are used as in other assistance categories.
