1. Call to Order – Commissioner Aneta Wilkinson

2. PROPOSED ADMINISTRATIVE RULES

Part I.  Discussion on recommendations to the Human Services Commission for permanent rules that have not been previously approved by the Oklahoma Human Services Commission under emergency provisions of the Administrative Procedures Act.

 
Item A. ADMINISTRATIVE COMPONENTS (Office of Client Advocacy).  The proposed amendments to Chapter 2 of Subchapter 3: (1) amend definitions contained in the recodification of the Oklahoma Children's Code enacted by the Legislature in 2009 and 2010 and add definitions contained in the Oklahoma Protective Services for Vulnerable Adults Act; (2) expand legal authority and scope for investigating abuse, neglect, and exploitation of vulnerable adults receiving care from a community services worker, employee of a community services provider, Medicaid personal care assistant (MPCA), or employee of a Medicaid personal care services provider; (3) update reporting requirement no longer required to the district attorney; (4) clarify caretaker misconduct reviews apply only to vulnerable adults at Northern Oklahoma Resource Center of Enid (NORCE), Southern Oklahoma Resource Center (SORC) of Pauls Valley, and the Robert M. Greer Center in Enid (Greer); (5) remove reference to Office of Client Advocacy (OCA) investigations in Adult Protective Services (APS) substantiated cases; (6) add clarifying language regarding distribution of investigation reports when the accused caretaker is and is not subject to the Community Services Worker Registry (CSWR); (7) add language the OCA finding will be sent to a vulnerable adult's caretaker, guardian, and next of kin; (8) eliminate the requirement to send certified letters to accused caretakers who cannot be reached for interview; (9) add MPCA when referencing caretakers subject to the CSWR; and (10) update language to current terminology and for clarification.

 
Item B.  ADULT PROTECTIVE SERVICES (Family Support Services Division).  The proposed amendments to Subchapter 3 of Chapter 5 amend the rules to add: (1) additional types of reports of maltreatment Adult Protective Services (APS) staff refer to the Oklahoma Department of Human Services (OKDHS) Office of Client Advocacy (OCA) including reports involving persons subject to the Community Services Worker Registry (CSWR); and (2) clarifying information.  The proposed amendments to Subchapter 5 of Chapter 5 amend the rules to: (1) remove rules regarding APS staff investigating reports of maltreatment by persons subject to the CSWR; and (2) add clarifying language.

Item C.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) (Family Support Services Division).  The proposed amendments to Subchapter 3 of Chapter 10 amend the rules to: (1) clarify consideration of income tax refunds, payments to volunteers, and past due child support as resources and income; (2) define a self-employed person; (3) add clarifying language regarding self-employment income calculations; (4) clarify who may be included in the Temporary Assistance For Needy Families (TANF) benefit; (5) remove incorrect language; and (6) update policy citations.  Subchapter 20 is revoked as the program is no longer funded. 

Item D.  LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (Family Support Services Division).  The proposed amendments to Subchapter 1 of Chapter 20 amend the rules to: (1) clarify, correct, update, and rearrange rules regarding the Oklahoma Department of Human Services (OKDHS) relationship with tribal Low Income Home Energy Assistance Program (LIHEAP), the definition of household, when subsidized households are not considered vulnerable, how income is treated for ineligible aliens, and rules regarding the Energy Crisis Assistance Program (ECAP) component of LIHEAP; (2) better align LIHEAP cooling assistance rules with winter heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased; and (3) remove outdated language.

Item E. OKLAHOMA CHILD SUPPORT SERVICES (Oklahoma Child Support Services).  The proposed amendments to Subchapters 1 and 5 of Chapter 25 are to:  (1) implement policy changes recommended during the Oklahoma Child Support Services (OCSS) annual policy review process; and (2) make non-substantive housekeeping changes to improve the clarity of rules.

Item F.  OKLAHOMA CHILD SUPPORT SERVICES (Oklahoma Child Support Services).  The proposed amendments to Subchapter 5 of Chapter 25 are to:  (1) implement policy changes recommended during the Oklahoma Child Support Services (OCSS) annual policy review process; (2) continue improving the quality of services provided by OCSS; (3) redistribute costs currently paid by the Oklahoma Department of Human Services (OKDHS); and (4) make non-substantive changes to improve the clarity of rules.

Item G.  CHILD CARE SERVICES (Family Support Services Division).  The proposed amendments to Subchapter 7 of Chapter 40 amend the rules to: (1) clarify how minimum wage is determined and actions taken when the client earns less than minimum wage; (2) clarify allowances included in military pay are counted as earned income; (3) define who is considered self-employed; (4) add clarifying language regarding self-employment income calculations; (5) add clarifying language regarding examples of on-the-job training (OJT); and (6) other clarifying language.

Item H.  SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (Family Support Services Division).  The proposed amendments to Subchapter 3 of Chapter 50 amend the rules to: (1) add language regarding electronically filing applications; (2) correct the disqualification time period when a household fails to cooperate with an Office of Inspector General (OIG) Quality Control review; (3) update a citation; (4) add a citation regarding postponement of the interview when the household appears eligible for expedited services; (5) specify the time frame given and the form used to request proof of eligibility; (6) update language to current terminology; and (7) add clarifying language.

The proposed amendments to Subchapter 5 of Chapter 50 amend the rules to: (1) correct language regarding the age at which a child can be considered a separate household from adult household members; (2) remove language requiring shelters for battered women and children to provide the majority of the residents' meals for residents to be eligible to receive food benefits; (3) reorder and clarify information regarding student classification; and (4) add policy citations regarding how to consider income and deductible expenses for ineligible students.

The proposed amendments to Subchapter 7 of Chapter 50 amend the rules to: (1) add language regarding how to consider guardianship and Department of Veterans Affairs (VA) Aid and Attendance payments; (2) remove obsolete terminology regarding military allowances; (3) add the definition of a self-employed person; (4) add clarifying language regarding self-employment income calculations; and (5) add clarifying language.

Item I.  PUBLIC ASSISTANCE PROCEDURES (Family Support Services Division).  The proposed amendments to Subchapter 1 of Chapter 65 amend the rules to add detailed information regarding practices for safeguarding case information and raw tax data.

The proposed amendments to Subchapter 3 of Chapter 65 amend the rules to: (1) clarify information regarding the client's right to apply for benefits in the human services center of choice; (2) reorganize citizenship, collateral contact, and denial procedures information; (3) add additional information regarding collateral contacts, denial process, and fair hearing rights; (4) change the time frame to resolve data exchange discrepancies; (5) add policy citations regarding information safeguarding.

The proposed amendments to Subchapter 5 of Chapter 65 amend the rules to reorganize and update information regarding notices and fair hearing procedures.

Item J. DEVELOPMENTAL DISABILITIES SERVICES DIVISION (Developmental Disabilities Services Division).  The proposed amendments to Chapter 100 Subchapters 3 and 5 amend the rules to: (1) prohibit Developmental Disabilities Services Division (DDSD) employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, clarifying the use of spending programs; (2) no longer require submission of Human Rights Committee minutes to DDSD state office; (3) establish policy for the provider application process and requirements; (4) clarify case manager monitoring responsibilities and documentation requirements and quality assurance monitoring requirements for Specialized Foster Care and DDSD area surveys; (5) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (6) clarify contract performance survey and administrative inquiry practices; (7) extend the amount of time from one week to two for contract provider agencies to respond to citations issued by quality assurance with a compliance plan and schedule or provide supplemental information for consideration; (8) establish penalties for failure to cooperate and prohibit retaliation; (9) remove the provision for financial penalties for contract non-compliance; (10) revoke person-centered evaluations as they are no longer a component of the DDSD quality assurance program; (11) clarify the distribution of the quality assurance reports, and remove information pertaining to the distribution of person-centered evaluation reports as this is no longer a component of the quality assurance program; (12) disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent; (13) define maltreatment and provide statutory authority, and clarify notification requirements; (14) change reporting requirements from monthly to quarterly to be consistent with changes made to other Sections, and require an official form to comply with statute; and (15) clarify the application process and eligibility for a respite voucher.

Part II. Discussion of Permanent Rules previously approved by the Oklahoma Commission for Human Services (Commission) under emergency provisions as required by the Administrative Procedures Act (APA).

Item A.  ADULT PROTECTIVE SERVICES (Family Support Services Division).  The proposed amendments to Subchapter 5 of Chapter 5 are made to comply with changes to Oklahoma Statutes effective November 1, 2011 and amend the rules to: (1) clarify information regarding religious beliefs of the vulnerable adult; (2) remove the provision that emergency placement is not made to facilities for the acutely mentally ill when the individual is under the guardianship of Adult Protective Services (APS); (3) add provision that emergency placement not be made as an alternative to involuntary commitment; (4) add provision that services to vulnerable adults must be provided in a setting that is segregated from residents who have been determined to be a danger to others; and (5) add that transportation by law enforcement can be court ordered.

3. ADJOURNMENT

NOTE - To view the rules in their entirely go to http://www.okdhs.org/library/policy/pp/