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| Montana Administrative Register Notice 37-490 | No. 20 10/29/2009 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On November 18, 2009, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rules. 2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on November 9, 2009, to advise us of the nature of the accommodation that you need. Please contact Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov. 3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 37.78.102 TANF: FEDERAL REGULATIONS ADOPTED BY REFERENCE (1) remains the same. (2) The "Montana TANF Cash Assistance Manual" dated AUTH: 53-4-212, MCA 37.78.420 TANF: ASSISTANCE STANDARDS; TABLES; METHODS OF COMPUTING AMOUNT OF MONTHLY BENEFIT PAYMENT (1) through (3)(b) remain the same. (4) The GMI standards, NMI standards, and benefits standards are as follows: (a) Gross monthly income standards are compared with the assistance unit's gross monthly income as defined in ARM 37.78.406.
(b) Net monthly income standards are used to compute gross monthly income standards (GMI).
(c) Benefit standards are compared with the assistance unit's countable income as defined in ARM 37.78.406.
(d) The payment standards for the TANF Cash Assistance Program are compared to the assistance unit's net countable income as defined in ARM 37.78.406.
(e) and (5) remain the same. AUTH: 53-4-212, MCA IMP: 53-4-211, 53-4-241, 53-4-601, MCA 4. The Department of Public Health and Human Services (department) is proposing amendments to ARM 37.78.102 and 37.78.420 pertaining to Temporary Assistance for Needy Families (TANF). ARM 37.78.102 ARM 37.78.102 currently adopts and incorporates by reference the TANF policy manual effective July 1, 2009. The department proposes to make some revisions to this manual that will take effect on January 1, 2010. The proposed amendments to ARM 37.78.102 are necessary to incorporate into the Administrative Rules of Montana the revised versions of the policy manual and to permit all interested parties to comment on the department's policies and to offer suggested changes. It is estimated that changes to the TANF manual could affect approximately 8,155 TANF recipients. Manuals and draft manual material are available for review in each local Office of Public Assistance (OPA) and on the department's web site at www.dphhs.mt.gov. Following is a brief overview of the TANF manual sections with substantive changes: TANF 103-2 - Referral to WoRC TANF 103-2 is being updated to allow WoRC offices an alternative time for scheduling appointments with applicants. WoRC offices currently are required to schedule such appointments within three working days from the date the OPA refers the applicant. There are some cases in which there will be a significant time period between the OPA referring a TANF applicant to the WoRC offices and the time when the applicant will begin the work activities. In such cases, it may be more effective for the WoRC office to schedule the appointment with reference to when the applicant is to begin work activities rather with reference to the date the TANF applicant is referred to the WoRC office. The revised version, therefore, allows the WoRC office the option to schedule appointments within three working days of the date the TANF applicant is to begin the work activities. TANF 103-5 - Start Date of Benefits TANF 103-5 is being updated to allow WoRC offices an alternative time for scheduling appointments with applicants. WoRC offices currently are required to schedule such appointments within three working days from the date the OPA refers the applicant to the WoRC office. There are cases in which there will be a significant time period between the OPA referring a TANF applicant to the WoRC offices and the time the applicant will begin the required work activities. In such cases, it may be more effective for the WoRC office to schedule the required appointment with reference to when the applicant is to begin work rather than with reference to when the TANF applicant is referred to the WoRC office. The revised version, therefore, allows the WoRC office to schedule appointments within three working days of the date the TANF applicant is to begin the work activities. TANF 701-3 - Participation Components TANF 701-3 is being updated to clarify that forms HCS 205, 206, 207, and 209 must be fully completed by a medical professional and faxed or delivered directly from the office of the medical professional if they are to be relied upon to establish a medical or mental health condition justifying WoRC accommodation based on classifications of "Not Participating/Incapacitated", "Extended Benefits/Incapacitated" and "Needed in Home". The update also clarifies individuals will be required to participate fully in the WoRC program if these requirements are not met. Previously, TANF 701-3 did not expressly state these requirements and it was unclear what result would follow if the forms were not delivered directly from the medical professional or if they were delivered in less than completed form. The updates clarify these matters. TANF 704-1 - Supportive Services
TANF 704-1 is being updated to reflect that OPA offices will review requests for supportive services, including requests by Tribal NEW, to ensure the requests meet the appropriate policy guidelines. The section was also updated to set forth the required verification and documentation for requests for supportive services. TANF 1512-1 - Case Transfer
TANF 1512-1 is being updated to incorporate the Case Transfer Process set forth in TANF Bulletin 37, dated July 30, 2007, which was based upon the strict requirements for participation required pursuant to the Deficit Reduction Act. Under the previous policy, participants often did not comply with work activity requirements during the transfer process, and this resulted in reducing the department's participation rate, subjecting the department to penalties. The revised process set forth in the update is designed to clarify and streamline the case transfer process so as to increase the likelihood of participants' full compliance with work requirements and decrease any detrimental effect on the department's participation rate. The updated Case Transfer Process differentiates between case transfers requested between the first and the 15th days of the month and transfer requests made after the 15th day of the month. This distinction is made in order to accommodate WoRC processes which are required to take place before the 15th day of the month, such as the signing of employability plans, and processes which are not required to take place within that time frame. The process for transferring cases for the WoRC program has been removed from the TANF manual and relocated in the WoRC Guidelines. This change was made to reflect the fact that the TANF manual is designed for use by OPA workers, and the transfer of WoRC cases is the duty of WoRC personnel and is therefore properly treated within the WoRC guidelines. ARM 37.78.420 This ARM has been updated to reflect the increase in the TANF payment standards from 33 of the 2007 Federal Poverty Guidelines to 33% of the 2009 Federal Poverty Guidelines. The increase was approved in the 2009 Legislative Session under House Bill 2. This change will have a positive impact on TANF cash assistance participants. The department estimates this change could affect a monthly average of 3,302 TANF households with an average monthly fiscal impact increase of $92,554.00. The ARM has also been updated to reflect the increase in the TANF eligibility standards from 30% of the 2002 Federal Poverty Guidelines to 30% of the 2009 Federal Poverty Guidelines. This increase was approved in the 2009 Legislative Session under House Bill 645 and is a result of funding through the American Recovery and Reinvestment Act. This increase is effective through September 31, 2010, at which time it is slated to decrease to 30% of the 2006 Federal Poverty Guidelines. The department estimates this change could result in a monthly average of 70 additional households being eligible for TANF cash assistance with an average monthly fiscal impact increase of $249,060. 5. The department intends the proposed rule changes to be applied effective January 1, 2010. 6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., November 27, 2009. 7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing. 8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department. 9. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Francis X. Clinch /s/ Anna Whiting Sorrell Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State October 19, 2009.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
