SECTION 340:65-3-8. Determination of continuing eligibility

(a)   Determination of continuing eligibility. The worker determines continued eligibility at appropriate intervals. The worker is responsible for:

(1)   informing the recipient at each contact of his or her responsibility to report changes within 10-calendar days of the date the change becomes known;

(2)   contacting the recipient when possible changes are indicated to ensure continuing eligibility;

(3)   synchronizing the renewal dates for all benefits received by the household when possible; and

(4)   determining continuing eligibility.

(b)   Benefit renewal time frames. The periodic renewal time frame varies depending on the program.

(1)   A benefit renewal must be completed at six-month intervals with a:

(A)   Temporary Assistance for Needy Families (TANF) recipient due to:

(i)   pending required immunizations per Oklahoma Administrative Code (OAC) 340:10-14-1;

(ii)   payment standard reductions because of program violations per OAC 340:10-3-57(g) or (h);

(iii)   hardship extension approvals per OAC 340:10-3-56(a)(2)(E);

(iv)   earned income per OAC 340:10-3-31 through 340:10-3-40; or

(v)   the exemption of a work-eligible person from TANF Work activities because of his or her incapacity or to care for a disabled family member living in the household per OAC 340:10-2-1; or

(B)   food benefit recipient subject to a mid-certification renewal per OAC 340:50-9-5(d) and (e).

(2)   A benefit renewal must be completed at 12-month intervals, unless an earlier renewal date is warranted, with a:

(A)   TANF recipient unless (b)(1)(A) of this Section applies;

(B)   State Supplemental Payment (SSP) recipient;

(C)   child care recipient per OAC 340:40-9-1;

(D)   food benefit household subject to an annual mid-certification renewal per OAC 340:50-9-5(b) and (c);

(E)   food benefit household whose Supplemental Nutrition Assistance Program (SNAP) certification renewal must be completed at 12-month intervals per OAC 340:50-9-6; or

(F)   SoonerCare (Medicaid) recipient per OAC 317:35.

(3)   The worker completes a SNAP certification renewal at 24-month intervals for households subject to an annual mid-certification renewal per OAC 340:50-9-5(b) and (c).

(c)   Benefit renewal notification. The recipient receives a notice when the benefit renewal is due, informing the recipient he or she must complete the benefit renewal within a specified time frame in order to continue receiving benefits.

(1)   The worker sends Form 08AD092E, Client Contact and Information Request, to:

(A)   SoonerCare (Medicaid) recipients for whom DHS determines eligibility per OAC 317:35-5-63 when they are not eligible to submit their renewals through okdhslive.org;

(B)   SSP recipients; and

(C)   TANF recipients.

(2)   A computer-generated notice is sent to:

(A)   child care recipients; and

(B)   food benefit recipients due for mid-certification renewal and certification renewal.

(d)   Signature requirements. The recipient, guardian, or a person acting on the recipient's behalf, such as an authorized representative or a person with power-of-attorney, must sign the benefit renewal for all programs except TANF. TANF renewals must be signed by the recipient. When the recipient lives with his or her spouse, both must sign the TANF renewal.

(e)   Interview requirements. Benefit renewal interview requirements vary depending on the program.

(1)   A face-to-face interview is required for the:

(A)   TANF program; or

(B)   Supplemental Security Income-Disabled Children's Program (SSI-DCP) service plan renewal per OAC 340:15-3-1.

(2)   A telephone or face-to-face interview is required at SNAP certification renewal except for (e)(3)(C) of this Section.

(3)   An interview is not required for:

(A)   any of the SoonerCare (Medicaid) programs as long as the client signed and completed the renewal, provided all required proof and none of the information is questionable. When necessary, the worker contacts the recipient to complete the renewal;

(B)   Child Care Subsidy program renewals; or

(C)   food benefit households completing a:

(i)   mid-certification renewal, at six- or 12-month intervals; or

(ii)   SNAP certification renewal when all household members are elderly or disabled and there is no earned income in the household per OAC 340:50-3-2(a)(2).

(f)   Eligibility determination. The worker determines eligibility after the benefit renewal is signed, all required proof is provided, an interview, if required, is conducted, and all information evaluated.

(1)   The worker may:

(A)   complete the benefit renewal without changes;

(B)   complete the benefit renewal with changes; or

(C)   close the benefit or benefits.

(2)   When benefits close and the recipient provides required proof by the last day of the month of closure, benefits may be reopened.

[Source: Amended at 8 Ok Reg 3271, eff 7-15-91 (emergency); Amended at 9 Ok Reg 2815, eff 7-13-92; Amended at 10 Ok Reg 1147, eff 3-9-93 (emergency); Amended at 10 Ok Reg 1445, eff 4-26-93; Amended at 10 Ok Reg 2303, eff 6-11-93; Amended at 11 Ok Reg 4505, eff 7-22-94 through 7-14-95 (emergency); Amended at 13 Ok Reg 353, eff 12-11-95; Amended at 14 Ok Reg 592, eff 12-12-96 (emergency); Amended at 14 Ok Reg 1369, eff 5-12-97; Amended at 15 Ok Reg 179, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1644, eff 5-11-98; Amended at 18 Ok Reg 2096, eff 7-1-01; Amended at 19 Ok Reg 401, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1784, eff 6-14-02; Amended at 24 Ok Reg 1042, eff 6-1-07; Amended at 25 Ok Reg 265, eff 11-1-07 (emergency); Amended at 25 Ok Reg 958, eff 6-1-08; Amended at 26 Ok Reg 1272, eff 6-1-09; Amended at 28 Ok Reg 880, eff 6-1-11; Amended at 29 Ok Reg 812, eff 7-1-12; Amended at 30 Ok Reg 686, eff 6-1-13; Amended at 34 Ok Reg 78, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1544, eff 9-15-17]