TDA-14-09-00009-P Safety Net Assistance Application Supplement

4/8/09 N.Y. St. Reg. TDA-14-09-00009-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 14

April 08, 2009

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-14-09-00009-P

Safety Net Assistance Application Supplement

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Repeal of section 350.4(a)(7); and amendment of section 350.4(b) and (c)(1) of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d), 34(3)(f), 131(1) and 158(1)(a)

Subject:

Safety Net Assistance Application Supplement.

Purpose:

To eliminate the requirement that public assistance recipients complete a safety net assistance (SNA) application supplement to transition from federally funded assistance to SNA when they reach the State 60-month time limit for federally funded assistance.

Text of proposed rule:

Repeal paragraph (7) of subdivision (a) of section 350.4.

Amend subdivision (b) of section 350.4 to read as follows:

(b) The State-prescribed form is not required to be completed under the following circumstances: [Except as required under paragraph (a)(7) of this section, for] For a person continuously in receipt of some form of assistance or care from the same district, the application form completed at the time of original application will suffice. Transfers or reclassifications, except as required under subdivision (a) of this section, need not be confirmed by completion of a new State-prescribed form. When [a case] an application has been denied, reapplication within 30 days does not require a new State-prescribed form.

Amend paragraph (1) of subdivision (c) of section 350.4 to read as follows:

(1) In family applications, both [the husband and wife] spouses shall sign. In situations where [the man] a parent in the family is not married to the [mother] other parent, both [the mother and the man] parents, if [he is] they are to be included in the grant, shall sign the application form.

Text of proposed rule and any required statements and analyses may be obtained from:

Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

Section 20(3)(d) of the Social Services Law (SSL) authorizes the Department of Social Services to promulgate regulations to carry out its powers and duties. Section 122 of Part B of Chapter 436 of the Laws of 1997 reorganized the Department of Social Services into the Department of Family Assistance with two distinct offices, the Office of Children and Family Services and the Office of Temporary and Disability Assistance (OTDA). The functions of the former Department of Social Services concerning the public assistance programs were transferred by Chapter 436 to OTDA.

Section 34(3)(f) of the SSL requires the Commissioner of the Department of Social Services to establish regulations for the administration of public assistance and care within the State. Section 122 of Part B of Chapter 436 of the Laws of 1997 provided that the Commissioner of the Department of Social Services would serve as the Commissioner of OTDA.

Section 131(1) of the SSL requires social services districts (districts), insofar as funds are available, to provide adequately for those unable to maintain themselves, in accordance with the provisions of the SSL.

Section 158(1)(a) provides eligibility for safety net assistance (SNA) to individuals who are financially needy and who reside in a family that is ineligible for federally funded assistance because an adult in the family has exceeded the maximum time limit for receipt of such assistance.

2. Legislative objectives:

It was the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations and policies so that adequate provision is made for those persons unable to provide for themselves so that, whenever possible, such persons can be restored to a condition of self-support and self-care.

3. Needs and benefits:

This proposed rule eliminates the regulatory requirement that public assistance recipients complete an SNA application supplement to transition from federally funded assistance to SNA when they reach the State 60-month time limit for federally funded assistance. There are three regulatory revisions being made as part of this proposed rule. These are addressed individually below as A, B and C:

A. The first change is to repeal section 350.4(a)(7).

Currently, the regulations require that SNA application supplements be completed by able-bodied adults who want to receive SNA after reaching the State 60-month time limit for federally funded assistance. This requirement went into effect September 2001 since adults began to reach the State 60-month time limit at the end of November 2001. The SNA application supplement was an interim procedure to safeguard against the inappropriate receipt of benefits by individuals who were ineligible for Temporary Aid to Needy Families (TANF) federally funded assistance, to increase client contacts in order to encourage self-sufficiency and to ensure that all SNA program requirements were met. Since 2001, policies, procedures and systems changes have been developed, enacted and enforced that eliminate the need for the SNA application supplement.

Since the interim use of the SNA application supplement began, client contact has been increased significantly. Some examples of these additional contacts are the following:

• Required face-to-face recertifications every six months beginning at the 48th month of the time limit count.

• Notices generated and mailed by the Time Limit Tracking System to clients when the State count is at 48, 54 and 58 months. These notices encourage clients to plan and work toward self-sufficiency, and they advise clients that the districts will assist them in developing plans for self-sufficiency.

• Required face-to-face reassessment interviews between the 54th and 60th months of the time limit count.

• Required employment assessments to evaluate employability and promote self-sufficiency. Districts typically reassess clients annually, and many districts provide formal reassessments every three months.

• Sanctioned households are provided additional contacts through the Intensive Case Services programs, and those persons who remain in sanctioned status are often required to meet with caseworkers on a monthly basis.

B. The second change is to amend section 350.4 (b) to delete the reference to section 350.4 (a) (7) presently set forth in that subdivision.

C. The third change is to make a technical amendment to section 350.4 (c) (1) to make the paragraph gender neutral.

4. Costs:

Currently, approximately 570 cases per month reach the State 60-month time limit for federally funded assistance. Approximately 68.5% of these cases are converted into SNA cases, 21% remain on federally funded assistance, and 10.5% leave assistance. However, all of the case conversions are now done automatically, and the districts are not utilizing the supplemental application process. As a result, there will be no fiscal impact due to these regulatory changes.

5. Local government mandates:

These amendments will not impose any programs, services, duties or responsibilities upon the districts. Instead the amendments will remove an unnecessary regulatory requirement.

6. Paperwork:

The elimination of the SNA application supplement will increase administrative ease for the districts and support paperwork reduction. There will be no additional forms required to implement this proposed rule.

7. Duplication:

These proposed amendments do not duplicate, overlap or conflict with any existing State or federal regulations.

8. Alternatives:

The alternative is not to amend section 350.4 and to require able-bodied TANF funded recipients who have exceeded the State time limit to complete an SNA application supplement as a condition of SNA eligibility. This requirement is an unnecessary administrative burden to both the districts and recipients, since safeguards that are more efficient and effective are in place to ensure SNA eligibility. The requirement to complete the SNA application supplement duplicates these safeguards.

9. Federal standards:

These proposed amendments do not conflict with federal standards for public assistance.

10. Compliance schedule:

There is no compliance schedule. Districts would be able to comply with the proposed rule on its effective date.

Regulatory Flexibility Analysis

1. Effect of rule:

The proposed rule will not affect small businesses, but it will impact the fifty-eight (58) districts in the State.

2. Compliance requirements:

Currently, the regulations require that SNA application supplements be completed by able-bodies adults who want to receive SNA after reaching the 60-month time limit for federally funded assistance. Several years ago OTDA began to automatically convert cases from TANF funded assistance to SNA at the State 60-month time limit to ensure that federal TANF requirements were being met and that cases did not receive TANF funded assistance after 60 months. Although the completion of the SNA application supplement is not a TANF requirement, it was an element examined during the TANF review process. The results of the TANF reviews found that districts were relying on the automatic conversions and therefore were not using the SNA application supplement. Once a family has been converted to SNA, the district cannot require them to complete the SNA application supplement.

Since the systematic conversion from TANF funded assistance to SNA is now in place, there will be no compliance requirements when the proposed rule is filed as the necessary mechanisms already exist.

3. Professional services:

The proposed amendments will not require districts to hire additional professional services.

4. Compliance costs:

Currently, approximately 570 cases per month reach the State 60-month time limit for federally funded assistance. Approximately 68.5% of these cases are converted into SNA cases, 21% remain on federally funded assistance, and 10.5% leave assistance. However, all of the case conversions are now done automatically, and the districts are not utilizing the supplemental application process. As a result, there will be no fiscal impact due to these regulatory changes.

5. Economic and technological feasibility:

All districts have the economic and technological ability to comply with these proposed amendments.

6. Minimizing adverse impact:

There will be no adverse economic impact on the districts.

7. Small business and local government participation:

During a telephone conference call on June 5, 2007, the Human Resources Administration was advised of this proposal. Several districts outside of New York City were informally asked about the proposal when OTDA had telephone contact with them during the regular course of business. No objections to this proposal were expressed.

Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

The proposed amendments will affect the forty-four (44) rural districts in the State.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The rural districts will no longer require the completion of the SNA application supplement by able-bodied adults who want to receive SNA after reaching the State 60-month time limit for federally funded assistance. Since current policies and procedures provide safeguards to help ensure that SNA eligibility requirements are met, most districts no longer use the SNA application supplement. Thus the proposed amendments will require no further action from most districts.

3. Costs:

The proposed amendments will not impose initial capital costs or any annual costs upon the rural districts to comply with the rule.

4. Minimizing adverse impact:

The proposed amendments will not have an adverse impact on the rural districts.

5. Rural area participation:

Several rural districts were informally asked about this proposal when OTDA had telephone contact with them during the regular course of business. No objections to this proposal were expressed.

Job Impact Statement

A Job Impact Statement is not required for the proposed rule. It is apparent from the nature and the purpose of the proposed amendments that they will not have a substantial adverse impact on jobs and employment opportunities. The proposed rule will not affect in any real way the jobs of the workers in the districts. Thus the changes will not have any adverse impact on jobs and employment opportunities in the State.