Policy Transmittal Office of Self-Sufficiency Programs

Transcription

1 Policy Transmittal Office of Self-Sufficiency Programs Dawn Myers, Self-Sufficiency Programs Design Deputy Administrator Number: SS-PT Authorized signature Issue date: 12/14/2018 Topic: Other Due date: 01/01/2019 Transmitting (check the box that best applies): New policy Policy change Policy clarification Executive letter Administrative Rule Manual update Other: Applies to (check all that apply): All DHS employees Area Agencies on Aging: {Select type} Aging and People with Disabilities Self Sufficiency Programs County DD program managers ODDS Children s Residential Services Child Welfare Programs County Mental Health Directors Health Services Office of Developmental Disabilities Services (ODDS) ODDS Children s Intensive In Home Services Stabilization and Crisis Unit (SACU) Other (please specify): Policy/rule title: Administrative Rules for Various Self-Sufficiency and Aging & People with Disabilities Programs Policy/rule number(s): Various (see below) Release number: Effective date: References: Web address: Januaary 1, 2019 unless otherwise notice) Expiration date: N/A Discussion/interpretation: This transmittal provides an advance summary and link to SSP (including many that apply to Aging and People with Disabilities (APD) programs) administrative rules that will be effective January 1, 2019, unless otherwise noted. These rules will be included in the rules site by January 1, 2019 and will also be at

2 OAR about the reservation list in the ERDC program was amended effective December 1, 2018 to limit an exemption to placement on the reservation list by stating that it is the caretaker who must have had a break in child care benefits of less than two months to qualify. This amendment matches the original intent of the exemption. OAR about good cause is being amended to expand the reasons that are considered good cause in the SNAP program in the context of work requirements for ablebodied adults without dependents (ABAWD). This amendment is intended to align with federal regulations. OAR about requirements for the ERDC program was amended by temporary rule retroactive to September 1, 2018 to indicate that participants in the Occupational Training and Child Care Project may be eligible for subsidized child care. This amendment supports low-income participants with dependent children to access quality child care while receiving career coaching and occupational training to assist entry into middle income employment. OAR about applications, interviews, and verification for the DSNAP program is being amended to revise policy on these topics to align with federal requirements, clarify the rules, and properly state the verification requirement. OAR about eligibility and the benefit amount in the DSNAP program is being amended to clarify that food lost during a disaster is not considered a disaster loss if the department issues a SNAP benefit replacement to cover the entire loss. This rule is also being amended to clarify what is considered take-home pay. These changes align with federal requirements. OAR about the treatment in the DSNAP program of households already certified and receiving SNAP benefits is being amended to clarify that SNAP households may be eligible to receive both a replacement of SNAP benefits to replace lost food and a DSNAP allotment. OAR about time limits and work requirements for able-bodied adults without dependents (ABAWD) in the SNAP program is being amended to add six new SNAP timelimit (non-waivered) counties; remove these six counties from the time-limit exempt (waivered) category; update the new 36-month time limit period and countable month dates; clarify how SNAP defines self-employment; and expand the SNAP time limit exemptions to include the reservation land of the Confederated Tribe of Grand Ronde. These amendments are intended to align with federal regulations about SNAP clients who must meet work requirements to continue to receive SNAP benefits beyond the three-month time limit.

3 OAR about program ineligibility for fleeing felons and violators of parole, probation, and post-prison supervision is being amended to revise the policy on this topic for the SNAP program, setting out a more detailed protocol consistent with federal guidance. OAR about eligible and ineligible students in the SNAP program was amended effective December 1, 2018 to make permanent a temporary rule effective July 1, 2018 that expanded the employment and training programs for which a full-time student may be eligible for SNAP benefits. This expansion includes Career and Technical Education programs (CTE) meeting the definition outlined in the Perkins IV. This change expands student eligibility for community college students, consistent with federal regulations. OAR about eligibility for Pickle Amendment clients in the OSIPM program is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about the length of disqualification due to a disqualifying asset transfer (transfer of an asset for less than its fair market value to become eligible for program benefits) in the Oregon Supplemental Income Program (OSIP) and Oregon Supplemental Income Program Medical (OSIPM) programs is being amended to make permanent a temporary rule change effective October 1, 2018 updating the amount used to calculate the number of months of ineligibility due to a disqualifying transfer of assets. This amount is calculated by using the average monthly cost to a private patient of nursing facility services in Oregon. OAR about the treatment of energy assistance payments when determining eligibility is being amended to indicate that any energy assistance payment is excluded in the SNAP program, aligning the rule with federal requirements. OAR about treatment of the home is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about the effect of program benefits on the determination of eligibility is being amended to indicate that TA-DVS payments made directly to a participant are no longer being counted as income for the ERDC and SNAP programs. This amendment promotes client safety so that an abuser who shares a SNAP filing group with a TA-DVS participant in the ERDC program will not have access to the payment as income

4 information. This amendment is also permitted under SNAP federal regulations and keeps SNAP and ERDC aligned on this issue. OAR about the determination of countable income from self-employment is being amended to include allowed deductions from self-employment income for DSNAP applicants, aligning the rule with federal requirements. OAR about child care eligibility standard, payment rates, and copayments was amended by temporary rule retroactive to September 1, 2018 to set out a reduced copay amount for individuals participating in the Occupational Training and Child Care program and the Launch housing stabilization project. This amendment supports lowincome participants with dependent children to access quality child care while receiving career coaching and occupational training to assist entry into middle income employment. OAR about the income and payment standard for OSIPM is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about room and board standards for OSIPM is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about coverage and deduction of dependent care costs was amended by temporary rule retroactive to September 1, 2018 to set out when participants in the Occupational Training and Child Care Project may be eligible for subsidized child care and what happens when they stop participating. This amendment supports low-income participants with dependent children to access quality child care while receiving career coaching and occupational training to assist entry into middle income employment. OAR about the use of income to determine eligibility and benefits in the SNAP program is being amended to indicate that the benefit amount is based on the adjusted income and the payment standard of an eligible benefit group (rather than need group). This amendment aligns the rule with current practices. OAR about income and income deductions in the SNAP programs when there are ineligible or disqualified group members is being amended to pro-rate income and deductions for ineligible non-citizens. This change is intended to simplify the eligibility determination process, reducing errors and confusion. OAR about excluded resources (community spouse provision) in the OSIPM

5 program is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about income deductions and client liability for Long Term Care Services and Waivered Services is being amended to adjust these standards to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living. OAR about the legal status of benefit payments was amended effective December 1, 2018 to make permanent a temporary rule change effective July 1, 2018 indicating that TANF benefits are removed from EBT cards if not used within 12 months, and that neither SNAP nor TANF unused benefits are restored once they age off the EBT cards. These changes follow current practices and clarify the rule. OAR about direct provider payments is being amended to make permanent a temporary rule effective July 1, 2018 that piloted the process allowing the Department to pay certified centers for child care prospectively prior to the delivery of services. This amendment promotes family access to quality child care in a certified center setting by connecting payments to enrollment and supporting center business practices. OAR about eligibility of child care providers is being amended to make permanent a temporary rule change effective August 1, 2018 that established an exemption to allow a member of a household to be approved to provide subsidized child care to support another household member with criminal or CPS history so the latter may participate in the JOBS program, or the education or employment covered by the ERDC program. This rule is also being amended to make permanent a temporary rule change effective August 1, 2018 that specified that a child care provider have competence, sound judgment and self-control, be mentally, physically and emotionally capable of performing duties related to child care, broadened the requirements related to being within sight or sound of all children, and broadened background check requirements to apply to individuals who have unsupervised access to children who are not employees supporting child safety. This rule is being further amended to make permanent a temporary rule change effective August 1, 2018 that set out Department policy as to when child care facilities that are tribally licensed are eligible for Department payments. This rule is also being amended to make permanent a temporary rule change effective August 1, 2018 that required that providers allow the Department to visit the site while child care is being provided to support technical assistance from the Department to child care providers. This rule is being further amended to make permanent a temporary rule change effective August 1, 2018 that specified that records showing the arrival and departure times for each child in care be recorded as the children arrive and depart. This rule also is being amended to make

6 permanent a temporary rule change effective August 1, 2018 that required retention of exemption forms for immunizations to improve documentation requirements related to immunization. This rule is being further amended to make permanent a temporary rule change effective August 1, 2018 that provided further specificity in the safe drinking water requirements, supporting child health. This rule is also being amended to make permanent a temporary rule change effective August 1, 2018 that stated that the provider may not be in the same ERDC or TANF filing group as the child cared for; the parent of a child in the filing group, or a sibling living in the home of the child, supporting program integrity. This rule is being further amended to make permanent a temporary rule change effective August 1, 2018 that specified that indictments must be reported to the Direct Pay Unit within five days of occurrence, clarifying the arrest requirements in the rule. This rule is also being amended to make permanent a temporary rule change effective August 1, 2018 that update orientation and training requirements, consistent with current practices. OAR about replacing SNAP program benefits and EBT cards is being amended to clarify the process and timelines for issuing a SNAP replacement when food is lost in a household misfortune or disaster. These amendments are intended to follow federal requirements. OAR about the certification period in the ERDC program was amended effective December 1, 2018 to permit the extension of a certification period for additional time for families who are eligible for and placed in a contracted slot with Head Start, Early Head Start or in the Early Head Start Child Care Partnership Program, supporting the use of Head Start by program clients. This rule is also being amended to provide additional time to homeless families and families with foster children to provide verification of immunization records or a copy of the exemption form, aligning the rule with federal requirements. OAR about limits to SNAP Employment and Training components and activities is being amended to terminate OFSET retroactive to September 30, 2018 in the areas representing the new time limit counties: Clatsop, Columbia, Crook, Deschutes, Jackson, Jefferson, Josephine, and Tillamook counties. This amendment supports the Department s implementation of federal time-limits in these counties, and the Department s contracts for these counties will focus on services for ABAWDs. OAR about special payments in the SNAP Employment and Training Programs is being amended to allow Employment and Training contractors to authorize special payments and remove OFSET special payments from the rule. These changes support the contracts that focus on services for ABAWDs. Implementation/transition instructions:

7 Training/communication plan: sdf Local/branch action required: Review changes with staff who determine eligibility. Central office action required: N/A Field/stakeholder review: Yes No If yes, reviewed by: Most of these rules were reviewed by a Rules Advisory Committee (RAC) for Self-Sufficiency Programs (SSP) or Aging and People with Disabilities (APD) Filing instructions: N/A If you have any questions about this policy, contact: Contact(s): See the Contact List in the Family Services Manual (section C of the Introduction chapter) for the appropriate analyst to contact with policy questions For questions about the rules site, contact Robert Trachtenberg Phone: (503) Fax: (503) robert.trachtenberg@dhsoha.state.or.us