OKDHS - Agenda for the Feb. 28, 2012 Meeting of the Oklahoma Commission for Human Services

Agenda

AGENDA
OKLAHOMA COMMISSION FOR HUMAN SERVICES

Feb. 28, 2012
9:30 a.m. – Room C-48 – Sequoyah State Office Building
Oklahoma City, Oklahoma

CALL TO ORDER - Chairman Brad Yarbrough
APPROVAL OF MINUTES – (December 6, 2011, January 24, 2012 and February 3, 2012)
COMMISSION COMMENDATIONS – Director Hendrick and Chairman Yarbrough
DIRECTOR’S COMMENTS – Director Hendrick
INTRODUCTION OF INTERIM DIRECTOR – Director Hendrick and Chairman Yarbrough
DISCUSSION AND POSSIBLE APPROVAL OF THE MODIFIED PLAN FOR FUTURE OPERATIONS OF THE NORTHERN OKLAHOMA RESOURCE CENTER AT ENID AND THE SOUTHERN OKLAHOMA RESOURCE CENTER AT PAULS VALLEY AS REQUIRED BY HOUSE BILL 2184 – Chairman Yarbrough
CONSIDERATION AND POSSIBLE APPROVAL OF FINANCIAL REPORTS – Phil Motley, Chief Financial Officer
REPORT ON HUMAN SERVICES CENTER – Marq Youngblood, Chief Operating Officer
STATUS REPORT ON THE AGENCY’S ACTIONS TO DEVELOP THE CHILD WELFARE PLAN AS REQUIRED IN SETTLEMENT AGREEMENT IN D.G. V. YARBROUGH, CASE NO 08 CV 074 GKF (N.D. OKLA.) – Deborah Smith, Director, CFSD
REPORT ON OKLAHOMA CHILD SUPPORT SERVICES (WHAT’S NEW SINCE 2010: FOUR DISCIPLINES OF EXECUTION) – Gary Dart, Director
LEGISLATIVE REPORT – Sandra Harrison, Chief Administrative Officer
COMMITTEE REPORTS – Chairman Yarbrough

BUDGET COMMITTEE REPORT – Anne Roberts, Chair
PROPERTY COMMITTEE REPORT – Mike Peck, Chair
EVALUATION AND COMPENSATION REVIEW COMMITTEE REPORT – Chairman Yarbrough
ORGANIZATIONAL STRUCTURE COMMITTEE REPORT – Chairman Yarbrough
SPECIAL REVIEW COMMITTEE REPORT – Wes Lane, Chair
RULES COMMITTEE REPORT – Aneta Wilkinson, Chair

DISCUSSION AND POSSIBLE APPROVAL OF PROPOSED ADMINISTRATIVE RULES (see attached)

CHILD WELFARE PLAN COMMITTEE – Steven Dow, Chair
ANNOUNCEMENT OF DIRECTOR SEARCH COMMITTEE – Chairman Yarbrough

DISCUSSION OF AN EXECUTIVE SEARCH FIRM OR A PROCESS TO SELECT AN EXECUTIVE SEARCH FIRM TO ASSIST IN THE SELECTION OF A NEW AGENCY DIRECTOR – Chairman Yarbrough
DATE OF NEXT MEETING – March 27, 2012
CONSIDERATION AND VOTE TO ENTER EXECUTIVE SESSION FOR THE FOLLOWING PURPOSES:

DISCUSSION OF THE FOLLOWING MATTERS WHERE DISCLOSURE OF INFORMATION WOULD VIOLATE CONFIDENTIALITY REQUIREMENTS OF STATE LAW (43A O.S.SUPP.2011, ‘ 10-110; 10A O.S.SUPP.2011, ‘ 1-6-102), PURSUANT TO 25 O.S.SUPP.2011, ‘ 307(B)(7) & 307(B)(1).

DISCUSSION OF A PERMANENT DIRECTOR OF THE OFFICE OF CLIENT ADVOCACY – Director Hendrick
STATUS REPORT ON THE FOLLOWING CASES – Charlie Waters, Legal Counsel

Annette Watson v. William Wilson, Jr., et al., Case No. CJ-2009-30 (Atoka County District Court).
Rebecca Julian v. Karen Henderson, et al., #CJ-2010-666 (Canadian County District Court).
KOKI Fox 23 News, et al., v. Dept. of Human Services, #109,281.
Zachary McIntosh, et al., v. State of Okla., ex rel. Okla. Commission for Human Services, et al., Case No. CJ-2011-4162 (Oklahoma County District Court).

CONFIDENTIAL COMMUNICATIONS BETWEEN THE COMMISSION AND ITS ATTORNEY CONCERNING THE FOLLOWING PENDING LEGAL CLAIMS AND ACTIONS IF THE PUBLIC BODY, WITH THE ADVICE OF ITS ATTORNEY, DETERMINES THAT DISCLOSURE WILL SERIOUSLY IMPAIR THE ABILITY OF THE PUBLIC BODY TO PROCESS THE CLAIM OR CONDUCT PENDING LITIGATION, PURSUANT TO 25 O.S. 2011, ‘ 307(B)(4).

DISCUSSION OF THE HEARING TO APPROVE THE SETTLEMENT AGREEMENT, IN D.G. V. YARBROUGH, CASE NO 08 CV 074 GKF (N.D.OKLA.) – Kent Meyers

VOTE TO RETURN TO REGULAR SESSION
DISCUSSION AND POSSIBLE VOTE ON ITEMS DISCUSSED IN EXECUTIVE SESSION

APPROVAL OF THE DIRECTOR OF THE OFFICE OF CLIENT ADVOCACY

NEW BUSINESS – Limited to any matter not known about or which could not have been reasonably foreseen prior to the time of posting.
ADJOURNMENT

Note: The Commission may discuss, vote to approve, vote to disapprove, vote to table, or decide not to discuss any item on the agenda.

NOTICE
HUMAN SERVICES COMMISSION
The Human Services Commissioners will be attending a retirement reception
honoring Director Howard Hendrick on February 28, 2012 – 2:00 p.m. until 4:00 p.m.
Oklahoma Hospital Association - 4000 North Lincoln Boulevard - Oklahoma City, Oklahoma
No business of the Commission will be discussed.

ITEM # 11. Proposed Administrative Rules – Revised
February 22, 2012
PROPOSED RULEMAKING ACTION
February 28, 2012

Part I. Permanent rule proposals not previously approved by the Oklahoma Commission for Human Services under emergency provisions of the Administrative Procedures Act. When received, comments and Oklahoma Department of Human Services responses are summarized following agenda items.

A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 3. Investigations
OAC 340:2-3-2 [AMENDED]
OAC 340:2-3-32 through 340:2-3-33 [AMENDED]
OAC 340:2-3-35 through 340:2-3-37 [AMENDED]
(Reference WF 11-12)

SUMMARY: 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.

OAC 340:2-3-2 amends definitions as recodified in the Oklahoma Children's Code by the Legislature in 2009 and 2010, and moves Oklahoma Protective Services for Vulnerable Adults Act definitions from the Instructions to Staff and restates them in the delineated definitions.

OAC 340:2-3-32 amends the investigative rules to expand OCA legal authority and scope to include investigations of abuse, neglect, and exploitation of vulnerable adults who receive services from a community services worker, employee of a community services provider, MPCA, or employee of a Medicaid personal care services provider as those terms are defined in Section 1025.1 of Title 56 of the Oklahoma Statutes. OKDHS gives APS authority to investigate maltreatment of vulnerable adults except for certain groups. OKDHS gives OCA authority to investigate maltreatment of Hissom class members who receive Developmental Disabilities Services Division (DDSD) services. The CSWR was initiated and developed by DDSD under Section 1025.1 et seq. of Title 56 of the Oklahoma Statutes. OKDHS gave OCA authority to independently investigate confirmed APS investigations involving community service workers and MPCAs for the purpose of placing the caretakers on the CSWR. To avoid duplicate investigations of CSW registry-eligible caretakers, OKDHS desires OCA to investigate all caretakers who are employees of a community or personal care services provider.

OAC 340:2-3-33 is amended to reflect the 2003 change in the Oklahoma Protective Services for Vulnerable Adults Act that removed the requirement to notify the district attorney's office of allegations of maltreatment.

OAC 340:2-3-35 is amended to note that caretaker misconduct reviews are not within OCA purview of vulnerable adult investigations, except for the residents of the state-operated facilities of NORCE, SORC, and Greer. Caretaker misconduct is not defined in the Oklahoma Protective Services for Vulnerable Adults Act, nor is there any requirement for it to be investigated; however, OKDHS has historically reported allegations of caretaker misconduct at the three state-operated facilities to OCA in order to identify policy violations and practices that do not rise to the level of abuse or neglect.

OAC 340:2-3-36 is amended to remove distribution of the investigation report to the APS programs manager regarding Hissom class members and caretakers subject to the CSWR, because the investigations will no longer be conducted by APS or requested by APS. Distribution of the investigation report to the Aging Services Division director or designee is added since that person is responsible for the Medicaid personal care services program. Distribution of a report when the accused is not a community services worker or MPCA is moved to the Section in OAC 340:2-3-36 addressing caretakers not subject to the CSWR. OAC 340:2-3-36 is also amended to add that under Section 10-105.1(C)(6) of Title 43A of the Oklahoma Statutes, a notification letter will be sent to the caretaker, guardian, and next of kin of a vulnerable adult involved in an OCA Investigation once the finding is final and the caretaker's due process rights are completed. An OCA investigative finding in a case not involving a community services worker (CSW) or MPCA becomes final upon completion of review by Grievance and Abuse Review Committee (GARC) and the OKDHS Director per OAC 340:2-3-62 or when a timely request for GARC review has not been received. In cases involving a CSW or MPCA, the finding is final if the investigation report does not contain a confirmed finding. In cases involving a CSW or MPCA and a confirmed finding, the OCA finding is final upon completion of the review process described in OAC 340:100-3-39. OAC 340:2-3-36 is also amended to eliminate the requirement for certified letters to be sent to accused caretakers who cannot be reached for interview. Due process per OAC 340:100-3-39 begins when the caretaker is subject to being placed on the registry, which occurs after the investigation is complete and a finding is made. A certified letter is sent when giving the caretaker notice of their right to reconsideration. Eliminating certified mailings will be a cost savings for the agency.

OAC 340:2-3-37 is amended to note that caretaker misconduct reviews are not within OCA purview of vulnerable adult investigations, except for the residents of the state-operated facilities of NORCE, SORC, and Greer. Caretaker misconduct is not defined in the Oklahoma Protective Services for Vulnerable Adults Act nor is there any requirement for it to be investigated; however, OKDHS has historically reported allegations of caretaker misconduct at the three state-operated facilities to OCA in order to identify policy violations and practices that do not rise to the level of abuse or neglect.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS: The proposed rules achieve OKDHS goals by improving processes and administering public resources in a fiscally responsible manner.

COST: The probable costs and benefits to OKDHS are the OCA investigator positions have a lower state match in funds than the APS investigator positions so there may be a minimal cost savings from reallocating three APS positions to OCA. If the actual number of investigations proves greater than what was projected and additional positions need to be allocated from another division to OCA, it is unknown at this time if those positions might also have a lower state match in funds. The savings associated with not mailing certified letters to accused caretakers who cannot be located for interview is $5.59 per letter or at a minimum approximately $1,000 per year. The probable cost to OKDHS includes the cost of printing and distributing the rules, that is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 1-1-101 et seq. of Title 10A of the Oklahoma Statutes (10A O.S. §§ 1-1-101 et seq.); 43A O.S. §§ 10-102 et seq.; and 56 O.S. § 1025.1.

B. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 3. Reports of Maltreatment of Vulnerable Adults
OAC 340:5-3-4 [AMENDED]
Subchapter 5. Investigation of Adult Protective Services Referrals
OAC 340:5-5-4 [AMENDED]
(Reference WF 11-16)

SUMMARY: 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.

OAC 340:5-3-4 is amended to add: (1) additional types of reports of maltreatment APS staff refer to the OKDHS OCA including reports involving persons subject to the CSWR; and (2) clarifying information.

OAC 340:5-5-4 is amended to: (1) remove rules regarding APS staff investigating reports of maltreatment by persons subject to the CSWR; and (2) add clarifying language. The removed rules are added to OCA rules in OAC 340:2-3-2, 340:2-3-32; 340:2-3-33, and 340:2-3-35. These changes eliminate duplication that currently exists between APS and OCA programs and streamlines the process for placing alleged perpetrators on the CSWR.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS: The proposed rule change continues to achieve the OKDHS goals by protecting vulnerable adults from abuse, neglect, and exploitation.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules is estimated to be less than $20 and is within the current budget.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, and 4 of the Oklahoma Constitution; and Sections 10-105 and 10-108 of Title 43A of the Oklahoma Statutes.

C. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3. Conditions of Eligibility – Need
OAC 340:10-3-5 [AMENDED]
OAC 340:10-3-31 through 340:10-3-32 [AMENDED]
OAC 340:10-3-40 [AMENDED]
OAC 340:10-3-56 through 340:10-3-57 [AMENDED]
Subchapter 20. Diversion Assistance [REVOKED]
OAC 340:10-20-1 [REVOKED]
(Reference WF 11-13)

SUMMARY: 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.

OAC 340:10-3-5 is amended to: (1) clarify consideration of income tax refunds, payments to volunteers, and child support collected from a child support tax intercept as resources to comply with Section 728 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 [Public Law (P.L.) 111-312], Sections 5044(f) and 4952 of Title 42 of the United States Code (U.S.C.); and (2) to reduce potential errors.

OAC 340:10-3-31 is amended to add the definition of a self-employed person so that TANF, Supplemental Nutrition Assistance Program (SNAP), and Child Care Subsidy Programs use the same criteria in determining who is self-employed.

OAC 340:10-3-32 is amended to: (1) clarify how to calculate self-employment income when the person works for an employer or has not received income from this source for at least 12 months to reduce potential errors; and (2) new language is added that aligns TANF calculations with SNAP and Child Care Subsidy Program rules.

OAC 340:10-3-40 is amended to clarify consideration and to avoid potential errors of income tax refunds, payments to volunteers, and past due child support judgments or arrearage payments made for a child no longer age eligible for TANF to comply with Section 728 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 [Public Law (P.L.) 111-312], Sections 5044(f) and 4952 of Title 42 of the United States Code (U.S.C.).

OAC 340:10-3-56 terminology is amended to clarify that a child cannot be included in a foster care payment and TANF payment in the same month and a child only TANF case cannot be established when the head of household or spouse that received TANF benefits for 60 months is in the home and is not eligible for a hardship extension to reduce potential errors.

OAC 340:10-3-57 is amended to: (1) remove a sentence that is unnecessary as it refers to the same Section; and (2) update SNAP policy cite.

OAC 340:10-20-1 is revoked due to budget cuts, the funding for the Diversion Assistance Program was not included in the TANF budget effective July 1, 2011, and is not anticipated to be included in future TANF budgets.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by supporting the OKDHS mission to administer public resources in a fiscally responsible and ethical manner.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services to households receiving TANF.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 233.20 of Title 45 of the Code of Federal Regulations (CFR); Sections 5044(f) and 4952 of Title 42 of the United State Code (U.S.C.); and Program Instruction received from the Administration for Children and Families regarding Section 728 of Public Law 111-312.

D. CHAPTER 20 LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Subchapter 1. Low Income Home Energy Assistance Program
OAC 340:20-1-4 [AMENDED]
OAC 340:20-1-10 through 340:20-1-11 [AMENDED]
OAC 340:20-1-17 [AMENDED]
OAC 340:20-1-20 [AMENDED]
(Reference WF 11-09)

SUMMARY: 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.

OAC 340:20-1-4 is amended to: (1) clarify Native American households who receive LIHEAP assistance through their tribe cannot also receive LIHEAP payments from OKDHS; and (2) update rules to current practice regarding how OKDHS and tribal LIHEAP programs coordinate to avoid assistance duplication. There have been increased questions regarding whether or not a tribal household is eligible to participate in certain components of OKDHS LIHEAP. These changes will provide a more consistent interpretation and process across the state.

OAC 340:20-1-10 is amended to: (1) add clarifying language to the definition of household regarding consideration of income and resources and procedures when the household includes tribal members; (2) add clarifying language regarding when subsidized households are not considered vulnerable; (3) rearrange rules to make them more easily understood; and (4) remove outdated language. Information included in this Section is reorganized and more explicit instruction given regarding consideration of income and resources of household members not included in the LIHEAP benefit and whether certain subsidized households are considered vulnerable to address field staff confusion and facilitate the accurate delivery of benefits.

OAC 340:20-1-11 is amended to: (1) clarify that income of ineligible aliens is treated the same whether they are in the United States legally or are undocumented aliens; and (2) update language. Current policy only addresses consideration of undocumented aliens.

OAC 340:20-1-17 is amended to clarify that the ECAP: (1) includes two components and when a household is applying for both components can only be approved for the maximum ECAP payment shown on the Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level for All Households; (2) payment for households experiencing a life-threatening medical situation must be made to the energy supplier that addresses the medical situation; and (3) clarify the time frame for approving ECAP. This change is necessary to clarify the ECAP component of OKDHS LIHEAP for field staff.

OAC 340:20-1-20 is amended to align LIHEAP cooling assistance rules with winter heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.

COST: The probable cost to OKDHS including the cost of printing and distributing the rules is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 2601 through 2605 of the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981 Public Law (P.L.) 97-35, as amended); Section 927 of the Housing and Community Development Act of 1992, P.L. 102-550, as amended by P.L. 103-185; and Sections 96.30 and 96.42 of Title 45 of the Code of Federal Regulations.

E. CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 1. Scope and Applicability
OAC 340:25-1-1.2 [AMENDED]
OAC 340:25-1-2.1 [AMENDED]
OAC 340:25-1-5.1 [AMENDED]
Subchapter 5. Operational Policies
Part 9. Disclosure of Information
OAC 340:25-5-66 through 340:25-5-67 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 through 340:25-5-124 [AMENDED]
Part 17. Past Support
OAC 340:25-5-140 through 340:25-5-140.1 [AMENDED]
Part 20. Medical Support
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21. Establishment.
OAC 340:25-5-176 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:25-5-179.1 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.1 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-200 through 340:25-5-200.1
OAC 340:25-5-201.1 [AMENDED]
Part 33. Interstate and International Cases
OAC 340:25-5-270 [AMENDED]
Part 38. IV-D and Non-IV-D Central Case Registry Information
OAC 340:25-5-339 through 340:25-5-340 [AMENDED]
Part 39. Accounting and Distribution
OAC 340:25-5-345.2 [AMENDED]
OAC 340:25-5-350.1 [AMENDED]
OAC 340:25-5-350.3 [AMENDED]
(Reference WF 11-08)

SUMMARY: 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.

OAC 340:25-1-1.2 is amended to: (1) remove that OCSS contracts with Native American child support programs to provide child support services; (2) explicitly permit staff to help customer's complete OCSS self-help forms. OCSS has developed pro se, self-help, child support legal documents that are offered to all Oklahomans on the Oklahoma Department of Human Services (OKDHS) website; (3) clarify which services OCSS does provide per Part 303 of Title 45 of the Code of Federal Regulations (45 CFR 303); and (4) add to the list of excluded services that OCSS does not enforce periodic support alimony as described in Section 121 of Title 43 of the Oklahoma Statutes (43 O.S. §121).

OAC 340:25-1-2.1 and OAC 340:25-1-5.1 are amended to update the mailing address of the OCSS Center for Customer Services because the United States (U.S.) Post Office (P.O.) containing the OCSS Customer Services P.O. Box closed, requiring OCSS to obtain a new P.O. Box at a different location.

OAC 340:25-5-66 is amended to: (1) add 45 CFR 303.21 as legal authority for the release of confidential information due to federal changes regarding safeguarding and disclosure of confidential information, effective December, 2010; and (2) correct punctuation.

OAC 340:25-5-67 is amended to add the federal changes release of confidential information under 653 of Title 42 of the United States Code (42 U.S.C. § 653) and 45 CFR 303 that allows OCSS to release information to programs operating under Titles IV (Temporary Assistance for Needy Families (TANF), Child Welfare, and Foster Care), XIX, XXI (Medicaid), and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies. These changes will allow OCSS to comply with new information safeguarding and disclosure of confidential information standards put into place by changes to 45 CFR 303.21.

OAC 340:25-5-110.1 is amended to clarify OCSS opens an enforcement case for non-minors who are still entitled to support pursuant to 43 O.S. § 112. According to 43 O.S. § 112, children are entitled to current support until 20 years of age provided they are regularly attending high school; this change will clarify that OCSS opens cases for children 18 - 20 years of age who are still regularly attending high school and there is a child support order established, in addition to minor children.

OAC 340:25-5-117 is amended to add: (1) OCSS builds case balances on new and reopened cases and to cross reference OAC 340:25-5-140 on the process; (2) OCSS does not collect excess payments that occurred during a time period when OCSS did not have an open case unless the court has ordered the excess payment to be satisfied by offset against the monthly child support; and (3) correct punctuation.

OAC 340:25-5-123 is amended to: (1) specify OCSS staff remove case balances and document the amount removed when a case is closed in order to prevent unnecessary automated processes from occurring during the time after a case is reopened and before an affidavit of arrears has been submitted to update balances; and (2) update language to be consistent with current usage.

OAC 340:25-5-124 is amended to clarify cases are assigned to the OCSS district office where a prior district court case exists, regardless of the case style of the order. This will eliminate confusion over transferring and assigning cases that resulted from older cases, where only one parent was joined.

OAC 340:25-5-140 is amended to: (1) add reopened cases when describing how past due balances will be addressed; (2) clarify how OCSS distributes child support payments when the custodial person is deceased.

OAC 340:25-5-140.1 is amended to clarify: (1) the date from which interest accrues; and (2) that OCSS does have a grace period, after which interest begins accruing per 43 O.S. § 114.

OAC 340:25-5-168 is amended as implementation of 43 O.S. §§ 118-118I, amended July 1, 2009 to: (1) state OCSS does not request health insurance or cash medical support for children adopted through OKDHS because, as part of the adoption agreement, these children are entitled to SoonerCare throughout their minority; and (2) add the process for when OCSS seeks the reinstatement of cash medical support, through either order modification or an expedited process, after the lapse of a health insurance policy.

OAC 340:25-5-171 is amended to update the address of the OCSS Center for Finance and Budget because the United States Post Office containing the OCSS Center for Finance and Budget P.O. Box closed, requiring OCSS to obtain a new P.O. Box at a different location.

OAC 340:25-5-176 is amended to correct the rule's incorrect statement of the law on 10 O.S. § 7700-204 and remove incorrect cite.

OAC 340:25-5-178 is amended to correct cite to Title 10A of the Oklahoma Statutes rather than Title 10.

OAC 340:25-5-179.1 is amended to add Title IV-E foster care cases when establishing support for a prior period and the foster care has been provided in the last five years. [56 OS §§ 237.7 & 238.1]

OAC 340:25-5-200 is amended as implementation of the U.S. Supreme Court decision in Turner v. Rogers, 131 S. Ct. 2507 (2011) and recent OK Supreme Court decisions interpreting Rule 8.3, Indirect contempt for failure to pay child support-Purge fee, Oklahoma Rules For District Courts, regarding releasing obligors from incarceration in writs of habeas corpus to: (1) clarify OCSS does not use indirect civil contempt as a penal sanction and does not recommend incarceration at sentencing, unless there is evidence or information available that the obligor can purge the contempt; and (2) update name of division to reflect current usage.

OAC 340:25-5-200.1 is amended to: (1) remove language stating OCSS administrative review decisions may be appealed to district court, as hearings requested after OCSS staff issue a review decision are conducted by the Oklahoma Administrative Hearing Office, which then may be appealed to district court; (2) add that parties may request an administrative hearing within provided time frame after an administrative review decision; and (3) update language to reflect current usage.

OAC 340:25-5-201.1 is amended to: (1) clarify that the applicant may request case closure. Previously policy stated the custodial person could request case closure, which is not completely accurate. Per 45 CFR 303.11(b)(8), the person who opened the case initially is who may request case closure, which may be the custodial person or the noncustodial parent; this change will align policy with the federal regulation.

OAC 340:25-5-270 is amended to delete an incorrect reference to the United States Code.

OAC 340:25-5-339 is amended to: (1) update the address of the Central Case Registry because the U. S. Post Office containing the Central Case Registry P.O. Box closed, requiring OCSS to obtain a new P.O. Box at a different location; and (2) update language consistent with current usage.

OAC 340:25-5-340 is amended to: (1) update the address of the Central Case Registry because the U. S. Post Office containing the Central Case Registry P.O. Box closed, requiring OCSS to obtain a new P.O. Box at a different location; and (2) clean up punctuation.

OAC 340:25-5-345.2 is amended to add the definition for disbursement. This clarification is necessary because the word is used as a term of art within finance policies.

OAC 340:25-5-350.1 is amended to clarify that OCSS does not return payments made in error if they have been disbursed to the custodial person because OCSS cannot compel the custodial person to return it.

OAC 340:25-5-350.3 is amended to: (1) clarify that OCSS is not required to return a payment made in error, unless it has been retained by OKDHS because once funds have been disbursed, OCSS cannot compel the custodial parent to return them; (2) expand the ability to impose limits on suspicious payment activities from Web Pay only to all payment types to be consistent with the OCSS current practice to prevent ongoing fraud; and (3) remove the requirement to issue paper warrants to non custodial parents for overpayments as implementation of the Transparency, Accountability and Innovation in Oklahoma State Government 2.0 Act of 2011 effective July 1, 2012, which requires all payments made by the state treasurer to be conveyed solely by an electronic payment mechanism but allows agencies to apply for exemptions for good cause.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency. Failure to adopt these rules could cause hardships on families and negatively impact the services OCSS provides. Failure to adopt these rules could result in a loss of federal funding due to the failure to comply with federal requirements for processing child support cases.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and training materials estimated to be under $100 and is within the current budget and requires no additional funding. Any costs of implementation are expected to be offset by an increase in collections. These proposals do not increase any agency's duties or need for additional full-time employee. The revised rules will result in enhanced establishment and enforcement of child support orders and allow OCSS to improve overall services to its customers. These proposed rules should not have any substantial effect on state revenues.

AUTHORITY: Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Social Security Act, codified at Chapter 7 of Title 42 of the Code of Federal Regulations; Child Support Performance and Incentive Act of 1998, Public Law 105-200, codified in Sections of Title 42 of the United States Code; Servicemembers Civil Relief Act, codified in Sections 501 through 596 of Title 50A of the United States Code; Parts 302, 303, and 453 et seq. of Title 45 of the Code of Federal Regulations; Section 1738B of Title 28 and Sections 664 and 666 of Title 42 of the United States Code; Sections 83, 7700-204, and 7700-636 of Title 10 of the Oklahoma Statutes; Section 1-4-702 of Title 10A of the Oklahoma Statutes; Chapters 3 and 21 of Title 12 of the Oklahoma Statutes; Sections 566 and 567 of Title 21 of the Oklahoma Statutes; Section 285.3 of Title 31 of the Oklahoma Statutes; Section 6058A of Title 36 of the Oklahoma Statutes; Title 43 of the Oklahoma Statutes; Sections 183 and 231 through 240.23 of Title 56 of the Oklahoma Statutes.

F. CHAPTER 25. OKLAHOMA CHILD SUPPORT SERVICES
Subchapter 5. Operational Policies
Part 25. Federal Offset Programs
OAC 340:25-5-215 [AMENDED]
OAC 340:25-5-215.1 [AMENDED]
Part 27. State Tax Refund Offset Program
OAC 340:25-5-235 [AMENDED]
(Reference WF 11-11)

SUMMARY: 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.

OAC 340:25-5-215 is amended to: (1) cite additional legal authority; (2) permit OCSS to deduct $25 from federal tax refund offset collections as allowed under 42 U.S.C. § 664 and 45 CFR 303.72; and (3) remove the six year time frame to be consistent with the Internal Revenue Service removal of the statute of limitations for accepting and processing injured spouse claims against federal tax refund offsets.

OAC 340:25-5-215.1 is amended to permit OCSS to deduct from a federal administrative offset the amount charged by the United States Treasury for performing the offset as allowed under 45 CFR 302.33.

OAC 340:25-5-235 is amended to state that OCSS charges the noncustodial person $5 or five percent of the amount collected, whichever is greater, for any state tax offset collected through the Oklahoma Tax Commission as allowed under Section 205.2 of Title 68 of the Oklahoma Statutes.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency. These proposed amendments will benefit taxpayers and OCSS customers by decreasing the OCSS expenditures and allowing the agency to use available resources more effectively to promote a reliable source of support for Oklahoma families. These changes will affect noncustodial parents who pay support through state tax refund offsets and custodial persons who receive support through federal tax refund offsets and federal administrative offsets. OCSS customers who do not receive these services will not be affected. The proposed fee changes are: (1) Federal Tax Refund Offset fee. When OCSS collects support from a federal tax refund offset, the obligor receives full credit for the offset, while $25 will be deducted from the payment the custodial person receives. The majority of this fee will reimburse OCSS for the cost of the offset charged by the United States Treasury, while the remainder will reimburse OCSS for the cost of providing this enforcement remedy; (2) Federal Administrative Offset Cost Recovery Amount. When OCSS collects support from a federal administrative offset, the obligor receives full credit for the offset, while the cost of the offset will be deducted from the payment the custodial person receives. This amount will reimburse OCSS for the cost of the offset, which is set by the United States Treasury; and (3) State Tax Refund fee. When OCSS collects support from a state tax refund offset, OCSS retains $5 or five percent of the amount collected, whichever is greater. The obligor receives credit for the amount of the offset collected minus the amount retained. The amount retained by OCSS will be distributed according to Section 205.2 of Title 68 of the Oklahoma Statutes, which allots a majority of the payment to the Oklahoma Tax Commission as reimbursement for performing the offset and a portion to OCSS.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules estimated to be less than $100. The revised rules will result in an approximate savings of $293,251 state dollars: The Federal Tax Refund Offset fee will save approximately $214,047 state dollars in the next year; The Federal Administrative Offset Cost Recovery Amount will save approximately $7,004 state dollars in the next year; The State Tax Refund fee will save approximately $72,200 state dollars in the next year; and this savings will allow OCSS to more effectively use its resources and continue offering a full range of services to customers.

AUTHORITY: Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 653, 654, 654a, and 654b of Title 42 of the United States Code; Section 1738B of Title 28 of the United States Code; Sections 302.32, 302.33, 302.38; 302.60, 302.70, 303.6, 303.72, 307.11, 307.13 of Title 45 of the Code of Federal Regulations; and Sections 205.2 and 205.3 of Title 68 of the Oklahoma Statutes.

G. CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
OAC 340:40-7-8 [AMENDED]
OAC 340:40-7-11 [AMENDED]
(Reference WF 11-14)

SUMMARY: 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.

OAC 340:40-7-8 is amended to clarify: (1) clients must earn at least minimum wage to meet the need factor for the Child Care Subsidy Program, unless the client is not legally or financially responsible for the child or is an adoptive parent who meets criteria in OAC 340:40-7-12; and (2) actions taken when the client earns less than minimum wage. The intent and guidance regarding the need to make at least minimum wage has not changed, but rules are not explicitly stated led to client and staff confusion.

OAC 340:40-7-11 is amended to: (1) clarify allowances included in military pay are counted as earned income; (2) define who is considered self-employed; (3) add clarifying language regarding self-employment income calculations; and (4) add clarifying language regarding examples of OJT. Language regarding military pay and OJT align Child Care Subsidy Program rules more closely with Supplemental Nutrition Assistance Program (SNAP) rules. Language regarding self-employment simplifies processes for staff and the OKDHSLive! system, clarifies income calculations when a person works for an employer or has not received income from this source for at least 12 months, and aligns Child Care Subsidy Program rules with SNAP and Temporary Assistance for Needy Families (TANF) rules.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve OKDHS goals of continuously improving systems and processes.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Section 98.16 and 98.20 of Title 45 of the Code of Federal Regulations (CFR).

H. CHAPTER 50 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 3. Application Process
OAC 340:50-3-1 through 340:50-3-3 [AMENDED]
Subchapter 5 Non-financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-3 [AMENDED]
Part 3. Special Households
OAC 340:50-5-28 [AMENDED]
Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees
OAC 340:50-5-45 [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-29 through 340:50-7-30 [AMENDED]
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [AMENDED]
OAC 340:50-9-4 through 340:50-9-6 [AMENDED]
(Reference WF 11-10)

SUMMARY: 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.

The proposed amendments to Subchapter 9 of Chapter 50 amend the rules to: (1) remove language regarding delayed applications from one Section and add revised language regarding delayed applications to another Section; (2) update language to current terminology; and (3) add clarifying language.

OAC 340:50-3-1 is amended to: (1) add language regarding electronically filing applications; (2) update a policy citation; (3) add a policy citation regarding postponement of the interview when the household appears eligible for expedited services; and (4) add clarifying language.

OAC 340:50-3-2 is amended to: (1) correct the disqualification time period when a household fails to cooperate with an OIG Quality Control review; (2) add language regarding electronic filing of applications; (3) update language to current terminology; and (4) add clarifying language.

OAC 340:50-3-3 is amended to: (1) specify the time frame given and the form used to request proof of eligibility; and (2) update language to current terminology.

OAC 340:50-5-3 is amended to correct language regarding the age at which a child can be considered a separate household from adult household members.

OAC 340:50-5-28 is amended to remove language requiring a shelter for battered women and children to provide a majority of the residents' meals for residents to be eligible to receive food benefits.

OAC 340:50-5-45 is amended to: (1) reorder and clarify information regarding student classification; and (2) add policy citations regarding how to consider income and deductible expenses for ineligible students.

OAC 340:50-7-29 is amended to: (1) add language regarding how to consider guardianship and VA Aid and Attendance payments; (2) remove obsolete terminology regarding military allowances; and (3) add clarifying language.

OAC 340:50-7-30 is amended to add: (1) the definition of a self-employed person; and (2) clarifying language regarding self-employment income calculations.

OAC 340:50-9-1 is amended to: (1) remove language regarding delayed applications; (2) update language to current terminology; and (3) add clarifying language.

OAC 340:50-9-4 is amended to: (1) add language regarding delayed applications; and (2) remove duplicate information.

OAC 340:50-9-5 is amended to update language to current terminology.

OAC 340:50-9-6 is amended to: (1) update language to current terminology and practice including the term certification renewal and information included on the expiration of benefits notice; and (2) add clarifying language regarding good cause for failure to timely renew benefits.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve the OKDHS goals by continuously improving systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules estimated to be less than $20. The revised rules will result in enhanced delivery of services to SNAP households.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Sections 271.2 273.2(c), (d)(2) and (h), 273.5 273.9(b), and 273.11 of Title 7 Code of Federal Regulations.

I. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 1. General Provisions
OAC 340:65-1-2 [AMENDED]
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-1 [AMENDED]
OAC 340:65-3-4 [AMENDED]
OAC 340:65-3-7 through 340:65-3-8 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-1 [AMENDED]
(Reference WF 11-15)

SUMMARY: 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.

OAC 340:65-1-2 is amended to add detailed information regarding practices for safeguarding case information and raw tax data. This change is made to bring OKDHS into compliance with the Internal Revenue Service (IRS) requirements and to resolve findings from the last IRS Safeguard Review audit.

OAC 340:65-3-1 is amended to: (1) add clarifying information regarding the applicant's right to apply in the human services center of his or her choice and how this impacts Temporary Assistance for Needy Families (TANF) Work activities; and (2) reorganize citizenship information for greater clarity. Clarifying language regarding applications is added to address questions from field staff. Citizenship language is reorganized and clarified to reflect Section 71 of Title 56 and 20j of Title 74 of the Oklahoma Statutes.

OAC 340:65-3-4 is amended to: (1) reorganize and add additional information regarding collateral contacts; (2) change the time frame for resolving data exchange discrepancy messages; and (3) add a policy citation. Collateral contact information is updated to give more guidance to staff regarding who is an acceptable collateral contact, the worker's responsibility when inconsistent information is obtained, and whose signature is required to obtain permission to contact certain collateral contacts. The time frame to resolve data exchange discrepancies was increased to match federal requirements per Section 272.8 of Title 7 of the Code of Federal Regulations (CFR) to increase OKDHS timeliness percentage when state auditors review this element. The policy citation is added to match the change made at OAC 340:65-1-2.

OAC 340:65-3-7 is amended to: (1) reorganize information regarding denials; and (2) provide more information about denial process and fair hearing rights. This change is made at the request of field staff to update information based on current practice.

OAC 340:65-3-8 is amended to: (1) remove incorrect information regarding signatures for SoonerCare (Medicaid) reviews; and (2) update terminology. The client's signature is required on all SoonerCare (Medicaid) applications. Terminology changes are made to match language used by the new OKDHSLive! online review system.

OAC 340:65-5-1 is amended to reorganize and update information regarding notices and fair hearing procedures. Information regarding notices and fair hearing procedures is updated with the assistance of the OKDHS Appeals Unit to provide staff with clear, concise, and updated rules regarding notice and fair hearing requirements.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 71, 161, 164, and 168 of Title 56 of the Oklahoma Statutes (56 O.S. §§ 71, 161, 164, and 168); 74 O.S. § 20j; Section 272.8 of Title 7 of the Code of Federal Regulations (7 CFR § 272.8); 42 CFR §§ 435.940 and 435.952; 45 CFR §§ 205.51 and 205.56; and summary of the last IRS SafeGuard Review in May 2010.

J. Chapter 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-4 [AMENDED]
OAC 340:100-3-6 [AMENDED]
OAC 340:100-3-16 [ISSUED]
Part 3. Administration
OAC 340:100-3-27 through 340:100-3-27.2 [AMENDED]
OAC 340:100-3-27.3 [REVOKED]
OAC 340:100-3-27.4 through 340:100-3-27.5 [AMENDED]
OAC 340:100-3-34 [AMENDED]
OAC 340:100-3-40 [AMENDED]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-20 [AMENDED]
(Reference WF 11-07)

SUMMARY: 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.

OAC 340:100-3-4 is amended to prohibit DDSD employees from assisting service recipient's with financial transactions or being listed on service recipient bank accounts, and to clarify the use of spending programs.

OAC 340:100-3-6 is amended to no longer require submission of Human Rights Committee minutes to DDSD state office.

OAC 340:100-3-16 is issued to establish policy for the provider application process and requirements.

OAC 340:100-3-27 is amended to clarify case manager monitoring responsibilities and documentation requirements; and quality assurance monitoring requirements for Specialized Foster Care and DDSD area surveys.

OAC 340:100-3-27.1 is amended to: (1) allow email as a means for presenting contract provider agencies with findings of administrative inquiries; (2) clarify contract performance survey and administrative inquiry practices; (3) extend the amount of time from one week to two for contract provider agencies to respond with a compliance plan and schedule to citations issued by quality assurance, or provide supplemental information for consideration; (4) establish penalties for failure to cooperate; and (5) prohibit retaliation.

OAC 340:100-3-27.2 is amended to remove the provision for financial penalties for contract non-compliance.

OAC 340:100-3-27.3 is revoked as person-centered evaluations are no longer a component of the DDSD quality assurance program.

OAC 340:100-3-27.4 is amended to 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.

OAC 340:100-3-27.5 is amended to disallow an extension on a financial audit when a contract provider's previous year's audit is delinquent.

OAC 340:100-3-34 is amended to define maltreatment and provide statutory authority, and clarify notification requirements.

OAC 340:100-3-40 is amended to 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.

OAC 340:100-5-20 is amended to clarify the application process and eligibility for a respite voucher.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency. Implementation of the proposed rules will improve the means in which supportive services are rendered at the community and statewide level. If the proposed rules are not implemented, services to Oklahomans with mental retardation or related conditions and their families, community contractors, and OHCA and OKDHS staff will be hindered due to conflicting rules, laws, and procedures.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules estimated to be less than $30. The revised rules will result in enhanced delivery of services to service recipients.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105); 21 O.S. § 1533.1; 43A O.S. §§103-104; 56 O.S. § 1025.1; 59 O.S. § 1928; Sections 455.104 and 455.106 of Title 42 of the Code of Federal Regulations (42 CFR §§ 455.104-106); 42 CFR § 483.440; and Section 1128 of the Social Security Act.

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

Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule. Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.

The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the APA. The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires. The comment period has expired on the following rules; no comment was received, and no substantive revision of the emergency rules is proposed. The proposed permanent rules are to be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.

A. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 5. Investigation of Adult Protective Service Referrals
OAC 340:5-5-6 [AMENDED]
(Reference WF 11-04)

SUMMARY: 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.

The proposed amendments improve the APS specialist's ability to provide timely and appropriate protective services to vulnerable adults. The APS Program is able to reduce the risk of harm by providing improved structure and details to the processes by which the APS specialists meet the safety needs of the vulnerable adults. Section 10-108 of Title 43A of the Oklahoma Statutes was amended effective November 1, 2011, [Senate Bill (SB) 492] to remove the provision that vulnerable adults under APS guardianship must not be placed in facilities for the acutely mentally ill. When the statute was first enacted in 1977, language was meant to specifically refer to the state mental hospitals run by the Oklahoma Department of Mental Health and Substance Abuse Services. Mental health services have since expanded to the private sector and hospitals have developed evaluation centers to diagnose and treat illnesses of vulnerable adults with dementia or related disorders. There has been confusion as to whether these facilities are placements for evaluations or commitments in facilities for the acutely mentally ill. Courts have allowed APS placement in these facilities to determine types of services needed for continued safety and recommendations for placement and supports within the community or for out-of-home placements. The change in statute and OKDHS rules allows vulnerable adults under APS guardianship to be properly evaluated in a comprehensive manner and still offers protection from otherwise dangerous individuals that may be receiving treatment in the same facilities.

Section 10-108 of Title 43A of the Oklahoma Statutes and APS rules are also amended to allow reimbursement of transportation costs to law enforcement agencies court-ordered to transport APS clients to an approved placement. Reimbursement may now be made from resources of the APS client or an APS emergency fund. Making provision for reimbursement increases cooperation and availability of law enforcement for transportation services.

OAC 340:5-5-6 is amended to: (1) clarify information regarding religious beliefs; (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 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 information that transportation is provided by law enforcement when needed to enforce an involuntary court order.

PERMANENT APPROVAL: Permanent rulemaking approval is requested effective June 1, 2012.

AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by protecting vulnerable adults from abuse, neglect, and exploitation.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules estimated to be less than $20 and is within current budget. The probable cost of transportation for involuntary services by law enforcement is estimated to be less than $1000 annually. If no court funds are available to pay and APS has verified that the vulnerable adult has no funds to pay for transportation, APS emergency funds will be used. The revised rules will result in enhanced delivery of services to Oklahoma's vulnerable adults.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Section 10-108 of Title 43A of the Oklahoma Statutes (SB 492).

EMERGENCY RULE APPROVAL DATE: WF 11-04 was previously approved as an emergency by the Oklahoma Commission for Human Services on September 27, 2011, and by the Governor on October 28, 2011.