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Notice of Proposed Rulemaking

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Notice of Proposed Rulemaking OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION DENNIS RICHARDSON MARY BETH HERKERT SECRETARY OF STATE DIRECTOR LESLIE CUMMINGS 800 SUMMER STREET NE DEPUTY SECRETARY OF STATE SALEM, OR 97310 503-373-0701 NOTICE OF PROPOSED RULEMAKING INCLUDING STATEMENT OF NEED & FISCAL IMPACT FILED 01/15/2019 11:26 AM CHAPTER 461 ARCHIVES DIVISION DEPARTMENT OF HUMAN SERVICES SECRETARY OF STATE SELF-SUFFICIENCY PROGRAMS FILING CAPTION: Changing self-sufficiency rules LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 02/22/2019 5:00 PM The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. CONTACT: Robert Trachtenberg DHS - SSP Filed By: 503-947-5290 500 Summer Street NE, E-48 Robert Trachtenberg [email protected] Salem,OR 97301 Rules Coordinator HEARING(S) Auxilary aids for persons with disabilities are available upon advance request. Notify the contact listed above. DATE: 02/19/2019 TIME: 2:00 PM - 3:30 PM OFFICER: Robert Trachtenberg ADDRESS: Human Services Building 500 Summer Street NE Room 254 Salem, OR 97301 SPECIAL INSTRUCTIONS: The hearing will adjourn at 2:20 PM if no one is present or remains to testify. NEED FOR THE RULE(S): OAR 461-115-0232 about mid-certification reviews in the SNAP program needs to be repealed to make the rules easier to follow by covering this topic instead in OAR 461-170-0102. OAR 461-115-0450 about periodic redeterminations in the SNAP program needs to be amended to comply with federal regulations in 7 CFR 273 and clarify the rule by revising the policy about which households in a 24-month certification period must have their reporting requirements changed from SRS to CRS. OAR 461-130-0327 about good cause needs to be amended to align with federal regulations by making permanent a temporary rule change effective January 1, 2019 that expanded the reasons that are considered good cause in the SNAP program in the context of work requirements for able-bodied adults without dependents (ABAWD). Page 1 of 43 OAR 461-135-0400 about requirements for the ERDC program needs to be amended to support 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. This amendment makes permanent a temporary rule stating that participants in the Occupational Training and Child Care program may be eligible for subsidized child care. OAR 461-135-0520 about time limits and work requirements for able-bodied adults without dependents (ABAWD) in the SNAP program needs to be amended 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. This amendment makes permanent a temporary rule change effective January 1, 2019 that added six new SNAP time- limit (non-waivered) counties; removed these six counties from the time-limit exempt (waivered) category; updated the new 36-month time limit period and countable month dates; clarified how SNAP defines self-employment; and expanded the SNAP time limit exemptions to include the reservation land of the Confederated Tribe of Grand Ronde. OAR 461-145-0260 about the effect of Indian (Native American) benefits on their eligibility for self-sufficiency programs needs to be amended to align this rule with federal law. This amendment covers benefits provided under public laws that had not been covered in this rule (including some that had only been covered in the Family Services Manual). This amendment in some cases changes how the rule or the Family Services Manual treats these benefits. Some changes clarify or revise if the excluded amount applies to each payment or to the yearly total. Some changes revise how the Department treats the balance left over after excluding a portion. This amendment changes the treatment of some payments from lump sum income to instead treat the balance as periodic income. Some changes revise the exclusion from being the total Indian benefit to a portion, and some revise the exclusion from a portion to the total. OAR 461-155-0150 about child care eligibility standard, payment rates, and copayments needs to be amended to support 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 by setting out a reduced copay amount for individuals participating in the Occupational Training and Child Care program. This rule also needs be amended to implement the decisions made through collective bargaining by increasing rates for child care providers. This rule needs to be further amended to maintain current rates for child care centers run by school districts who are participating in the Alternative Pathway program by allowing them to continue to be paid at the Department’s certified center rate even after The Office of Child Care closes their child care license. Many of these changes make permanent earlier temporary rule changes. OAR 461-160-0040 about coverage and deduction of dependent care costs needs to be amended to support 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. This amendment makes make permanent a temporary rule that set out when participants in the Occupational Training and Child Care program may be eligible for subsidized child care and what happens when they stop participating. OAR 461-170-0102 about required reports for the simplified reporting system in the SNAP program needs to be amended to comply with federal regulations in 7 CFR 273 and clarify the rules by combining the interim change report Page 2 of 43 policy and mid-certification review policy (previously in OAR 461-115-0232) into one rule as well as by expanding the mid-certification review section to incorporate the processes already in practice but not in rule. OAR 461-180-0006 about the effective dates in the SNAP program for changes in the Simplified Reporting System needs to be amended to align the rule with federal regulations in 7 CFR 273 as well as with current practice and procedures by setting out policy for changes based on Mid-Certification Reviews. OAR 461-190-0310 about limits to SNAP Employment and Training components and activities needs to be amended to support the Department’s implementation of federal time-limits and to focus the Department’s contracts on services for ABAWDs by making permanent a temporary rule changed that terminated OFSET retroactive to September 30, 2018 in Clatsop, Columbia, Crook, Deschutes, Jackson, Jefferson, Josephine, and Tillamook counties, the areas representing the new time limit counties. OAR 461-190-0360 about special payments in the SNAP Employment and Training Programs is being amended to make permanent a temporary rule change effective January 1, 2019 that and removed OFSET special payments from the rule and allowed Employment and Training contractors to authorize special payments. These changes support the contracts that focus on services for ABAWDs. DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: AFSCME and SEIU collective bargaining agreements for child care providers available from DHS – ERDC Program, 500 Summer Street NE, E-48, Salem, Oregon 97301. “Staff & Partner Advisory for the Occupational Training & Child Care Demonstration Project” available from SSP Rules Coordinator, 500 Summer Street NE, E-48, Salem, OR 97301 USDA Food and Nutrition Service, “ABAWD Time Limit Policy and Program Access” November 19, 2015 available at http://www.fns.usda.gov/sites/default/files/snap/ABAWD-Time-Limit-Policy-and-Program-Access-Memo- Nov2015.pdf FISCAL AND ECONOMIC IMPACT: The Department estimates that repealing OAR 461-115-0232 will have no fiscal impact on clients, the public, the Department, other state agencies, local government, and business, including small business. There is no cost of compliance for small businesses. No small businesses are subject to this rule. The Department is unable to estimate the fiscal impact of amending OAR 461-115-0450 on clients because the Department does not know which changes to filing groups will be reported that are currently not reported as the Department has no current record of unreported changes. Reported changes may result in an increase or reduction in benefits. The Department estimates that there will be no fiscal impact on the Department, other state agencies, local government, and business, including small business. There is no cost of compliance for small businesses. No small businesses are subject to this rule. Page 3 of 43 The Department estimates that amending OAR 461-130-0327 will have a positive fiscal impact averaging $174 per month on some ABAWD clients in counties subject to federal requirements for any month they meet the good cause requirement in this rule. The Department estimates that this amendment will have no fiscal impact on other state agencies (including the Department because SNAP benefits are fully federally funded), local government, and business, including small business. There is no cost of compliance for small businesses. No small businesses are subject to this rule. The Department estimates that the Occupational Training and Child Care program changes in OAR 461-135-0400, 461-155-0150, and OAR 461-160-0040 will have a positive fiscal impact averaging $968 per month on an ERDC family with a member who participates in the Occupational Training and Child Care program along with a corresponding negative fiscal impact of $580,800 on the Department for a 12-month period. The Department estimates that the provider rate increases in OAR 461-155-0150 will have a positive fiscal impact on child care providers in varying amounts as set out in the rule tables, ranging from $0 to $1.05 per child per hour, and from $0 to $230 per month per child.
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