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OTDA Regulatory Agenda
Choose from the following topics:
- Introduction
- Child Well Being
- Employment and Economic Supports
- Audit and Quality Improvement
- Reimbursement and Claims
- Technical Amendments
Introduction
Pursuant to section 202-d of the State Administrative Procedure Act (SAPA), the Office of Temporary and Disability Assistance (OTDA) is required to publish a regulatory agenda for those regulations that it is considering for publication in the State Register. Set forth below is an agenda for the second half of 2008. Section 202-d of SAPA does not preclude OTDA from proposing for adoption a regulation that is not described in the agenda, nor does it require OTDA to propose for adoption a regulation that is described in the agenda.
Child Well Being
- Revise regulations for the distribution and assignment of child support collections to reflect the requirements of Chapter 57 of the Laws of 2008 and federal law.
- Revise case closing criteria for child support cases.
- Amend references to child support standards chart to reflect annual change in the federal poverty income guidelines amount and the self-support reserve.
- Amend tax refund offset regulation to reflect changes resulting from the Federal Deficit Reduction Act of 2005.
- Establish guidelines for the local child support enforcement units to follow in determining whether and under what circumstances a passport, which has been revoked, denied or suspended by the US Department of State due to non-payment of child support, may be released.
- Revise desk review procedures addressing the accounting and disbursement of child support for certain current and former recipients of Public Assistance.
- Amend procedures concerning the financial investigation of a putative father to facilitate the establishment of a child support order.
- Revise regulation pertaining to federal incentive payments.
- Revise regulation to address annual service fee for never assistance cases.
Employment and Economic Supports
- Clarify provisions concerning the submission of a social security number as a condition of eligibility for Public Assistance.
- Extend the deeming of an alien sponsor's income and resources to federally funded Safety Net Assistance.
- Provide consistency between the Family Assistance Program and the Safety Net Assistance Program concerning the treatment of loans, income and resources.
- Simplify the Public Assistance budgeting methodology for certain three generation households.
- Amend regulations to add timeliness provisions for reporting changes in income for Public Assistance.
- Amend Home Energy Assistance Program (HEAP) regulations to reflect current practices and the provisions of the federally accepted HEAP State Plan, including the expansion of HEAP eligibility required to implement the Food Stamp Standard Utility Allowance (SUA) maximization initiative.
- Revise assessment regulations to clarify that the requirements for exempt individuals in households without dependent children are consistent with those for exempt individuals in households with dependent children.
- Amend regulations governing assessments and work assignments for individuals who would benefit from enrollment in a work activity that includes instruction in adult basic education and preparation for attainment of a high school degree.
- Amend employment program provisions for notices of conciliation and notices of discontinuance or reduction to implement plain language requirements.
- Establish additional guidelines regarding work activity definitions and work documentation and verification procedures to make them consistent with standards required by federal regulations implementing the Deficit Reduction Act of 2005.
- Implement changes to participation rate regulations to conform to amendments to the Social Services Law which require social services districts to expand the countable work activities available to Safety Net Assistance participants without children to include community service programs, the provision of child care services to an individual participating in community service and time limited vocational education training, job search and job readiness assistance.
- Clarify how participation rates are calculated based on federal reporting requirements and clarify the calculation of two distinct Safety Net Assistance work participation rates.
- Correct a technical error in regulation related to good cause for failing to comply with work requirements.
- Identify cases that may be excluded from participation rates pursuant to federal Temporary Assistance for Needy Families (TANF) regulations.
- Repeal provisions which permit foster care parents and individuals who are caring for a disabled household member to be deemed as community service participants as required by federal regulations implementing the Deficit Reduction Act of 2005.
- Authorize shift of certain cases to non-TANF Family Assistance or to non-MOE (non-Maintenance of Effort) Safety Net Assistance to facilitate implementation of changes made by the Deficit Reduction Act of 2005.
- Revise Food Stamp employment and training regulations to conform to federal regulations.
- Update the determination of Food Stamp eligibility regulations to include Supplemental Security Income (SSI) live-alone New York State Nutrition Improvement Program provisions and education grant exclusions.
- Delete Food Stamp monthly reporting/retrospective budgeting references and add provisions for change reporting.
- Delete provisions relating to Food Assistance Program.
- Conform regulations concerning in-office interviews for Food Stamp applicants to federal requirements.
- Clarify the policy regarding claims establishment and the collection process for Food Stamp overpayments.
- Generally update Food Stamp regulations to conform to the Food, Conservation, and Energy Act of 2008 and to recent changes in the federal regulations.
- Amend regulations to accommodate the anticipated statewide implementation of the Working Families Food Stamp Initiative.
- Amend Food Stamp regulations to provide the budgeting methodologies for residents of treatment centers and group homes.
- Revise regulation regarding the budgeting of households with both Public Assistance recipients and SSI recipients.
- Amend regulations to give the Commissioner authority to exempt certain categories of recipients from finger imaging requirements.
- Amend regulations to eliminate the requirement that an application supplement be completed by adults who want to receive Safety Net Assistance after reaching the sixty-month time limit on TANF-funded assistance.
- Remove quarterly reporting as a district optional requirement for Public Assistance programs.
- Amend regulations to address the economic needs of non-parent caregivers and the children for whom they care.
- Amend regulations to provide that a child who was a member of an overpaid assistance unit cannot be held liable for an overpayment on that case when he or she is added to someone else’s case, later establishes his or her own case, or becomes an adult and is no longer receiving assistance.
- Update regulations to set forth the new calculation of shelter allowances for individuals and families receiving Public Assistance and residing in city, State or federally aided public housing.
- Update provisions regarding persons who are permanently residing in the United States under the color of law (PRUCOL).
- Amend regulations regarding the Emergency Shelter Allowance with respect to certain household members who are in receipt of SSI income.
Audit and Quality Improvement
- Allow the matching of finger images with the Division of Criminal Justice Services to identify clients who are fugitive felons, parole/probation violators and clients who are incarcerated.
- Amend regulations governing intentional program violations to make the State’s requirements for a ten year disqualification from the Food Stamp Program consistent with the federal requirements set forth in the Code of Federal Regulations.
Reimbursement and Claims
- Amend maintenance assistance sections to reflect new program categories under Welfare Reform.
- Add a section on fiscal penalties/sanctions that may be applied to social services districts resulting from Welfare Reform requirements.
- Replace administrative cost cap section with new material regarding the Flexible Fund for Family Services (FFFS) and the Local Administration Fund (LAF).
- Amend employment section to reflect new program categories under Welfare Reform.
- Amend regulations concerning reimbursement claiming to reflect current Federal and State requirements and current State and local district practices.
Technical Amendments
- Implement provisions of Chapter 22 of the Laws of 2005 concerning the time to respond to requests for records under the Freedom of Information Law. Implement provisions of Chapter 182 of the Laws of 2006 concerning requesting and obtaining records by means of electronic mail.
- Revise the regulations concerning eligibility for Public Assistance to reflect current terminology and policy.
- Update references to the employment program from 12 NYCRR Part 1300 to 18 NYCRR Part 385.
- Revise fair hearings regulation to clarify a reference to the Office of Administrative Hearings.
- Revise Food Stamp regulations concerning the special definition of the “head of the household.”
- It is not anticipated that a small business guide will need to be developed for the proposals set forth in this agenda
Any questions concerning the items listed in this agenda can be referred to:
Jeanine Stander Behuniak
Office of Temporary and Disability Assistance
40 North Pearl Street 16C
Albany, New York 12243
Telephone: (518) 474-9779
E-mail: Jeanine.Behuniak@OTDA.state.ny.us