BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.78.102 pertaining to incorporating TANF manual

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On November 14, 2012, at 3:00 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

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 7, 2012, to advise us of the nature of the accommodation that you need.  Please contact Kenneth Mordan, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.78.102  TANF:  FEDERAL REGULATIONS ADOPTED BY REFERENCE

            (1)  The TANF program shall be administered in accordance with the requirements of federal law governing temporary assistance for needy families as set forth in Title IV of the Social Security Act, 42 USC 601 et seq. (2012).

            (2)  The "Montana TANF Cash Assistance Manual" dated June 8, 2012 January 1, 2013 is adopted and incorporated by this reference.  A copy of the Montana TANF Cash Assistance Manual is available for public viewing at each local Office of Public Assistance, and at the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., 5th Floor, P.O. Box 202925, Helena, MT 59620-2925.  Manual updates are also available on the department's web site at www.dphhs.mt.gov.

 

AUTH:  53-4-212, MCA

IMP:     53-4-211, 53-4-601, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

ARM 37.78.102 currently adopts and incorporates by reference the TANF policy manual effective June 8, 2012.  The Department of Public Health and Human Services (the department) proposes to make revisions to this manual that will take effect on January 1, 2013.  The proposed amendment to ARM 37.78.102 is necessary to incorporate into the Administrative Rules of Montana the revisions to 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 8225 TANF recipients, which is the average of the total number of recipients between July 2011 and April 2012.

 

Following is a brief overview of the TANF manual sections with substantive changes related to the above ARM changes.

 

TANF 0-3 Introduction - TANF Philosophy and Programs

 

This section was updated to include some key elements of the department's expectations for customer service for the TANF and Work Readiness Component (WoRC) program.  The department is updating this section to provide guidance to Office of Public Assistance staff and WoRC contractors in providing quality customer service to each applicant or participant of the TANF program.

 

TANF 303-1 Furnishing a Social Security Number

 

This section was updated to clarify that a good cause exception will not be granted to participants who fail to provide a social security number as required by federal regulation 45 CFR 205.52.  The department received clarification from the Administration for Children and Families (ACF) stating that a good cause exception cannot be granted to individuals that refuse to obtain a social security number.

 

Removed references to TEAMS and TEAMS coding/processing as this system will be obsolete in 2013.

 

TANF 402-1 Countable and Excluded Resources

 

The department is incorporating by reference TANF Bulletin 74 to reflect changes in countable resources.  All life estates will be excluded as a resource.  Language was added to "Contract for Deed" stating it is excluded if "the value of the contract does not include provisions for the contract to end or for payments to be forgiven or terminated at any point other than for payment in full or foreclosure by the contract owner."

 

The department is updating TANF resource policy to align policy with the Supplemental Nutrition Assistance Program (SNAP) and Medicaid programs.  The Health and Community Services Division is moving to a "service first model" intended for providing services to participants and applicants.  Policy alignment is a key element of this model.

 

Removed references to TEAMS and TEAMS coding/processing as this system will be obsolete in 2013.

 

TANF 501-1 Unearned Income

 

The department incorporated TANF Bulletin 75 to reflect changes in countable income.  Vendor payments made directly to landlords or mortgagees through County or BIA General Assistance will be countable income.

 

The department is updating the vendor payment policy to align policy with the SNAP and Medicaid programs.  The Health and Community Services Division is moving to a "service first model" intended for providing services to participants and applicants.  Policy alignment is a key element of this model.

 

The department removed "Work Support Payments" as a type of income from this section because TANF no longer provides Work Support Payments.

 

Removed references to TEAMS and TEAMS coding/processing as this system will be obsolete in 2013.

 

TANF 1510-1 Case File Retention/Archive/Destruction

 

The department updated this section to change the records retention period from three years to seven years.  The department received clarification from the TANF Federal Program Specialist, Administration for Children and Families, regarding the start date of the three-year retention period.  Based on this clarification the department determined all TANF documents related to eligibility will need to be retained for seven federal fiscal years.

 

Removed references to TEAMS and TEAMS coding/processing as this system will be obsolete in 2013.

 

Fiscal Impact

 

No fiscal impact is anticipated due to this rule change.

 

            5.  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: Kenneth Mordan, 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 23, 2012.

 

6.  The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

7.  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 5 above or may be made by completing a request form at any rules hearing held by the department.

 

8.  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.

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

 

/s/ Geralyn Driscoll                                      /s/ Anna Whiting Sorrell                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

           

Certified to the Secretary of State October 15, 2012.