STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
NOTICE OF PUBLIC HEARING
Pursuant to Sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules of the Benefit, Employment and Support Services Division for the purpose of conforming to federal and state statutes. A brief description of the proposed changes is listed below:
CHAPTER 17-602.1, HEARINGS
This chapter is amended by:
a. Striking Family and Adult Services Division (FASD) and inserting Benefit, Employment and Support Services Division (BESSD) throughout the chapter;
b. Striking DHS-FASD and inserting DHS-BESSD throughout the chapter;
c. Striking Income Maintenance worker and inserting eligibility worker throughout the chapter; and
d. Striking social services and inserting support services throughout the chapter.
§17-602.1-2, Definitions. This section is amended by adding the definition of DHS-BESSD. DHS-BESSD means Department of Human Services, Benefit, Employment and Support Services Division.
§17-602.1-10, Payment status of financial assistance recipients pending hearing. Subsection (a) is amended to strike State funded financial assistance and Federally funded financial and to insert General Assistance (GA) or Assistance to the Aged, Blind, or Disabled (AABD) and other than GA or AABD respectively. The reference to monthly reporting has been replaced with a reference to Chapter 17-650 in anticipation of simplified reporting.
§17-602.1-10 further amends subsection (b) to add three other conditions for which adverse action shall be taken before an administrative hearing decision is rendered as follows:
a. The household is ineligible due to receipt of a total of four consecutive months of assistance under the grant diversion program as specified in §17-656.2-33;
b. The household is ineligible due to receipt of a total of sixty months of assistance under the employment subsidy program as specified in §17-656.2-8;
c. The household is denied eligibility for the following non-assistance programs: Grant +, Self-sufficiency, Supporting employment empowerment, or Employment Bonus.
§17-602.1-10 subsection (e) is also amended by removing the reference to monthly reporting and replacing it with a reference to Chapter 17-650 in anticipation of simplified reporting.
§17-602.1-12, Status of social service recipients pending hearing. This section is amended by deleting subsections (a) through (d) which allowed for aid paid pending to social service recipients and to replace it with a provision that aid paid pending hearing decisions shall not be provided in support services payment cases.
§17-602.1-13, The hearing. This section amends subsection (b) to delete the statement When mutually agreed upon by the applicant or recipient and the department, a hearing may be conducted over the telephone. This statement is redundant as a hearing by telephone conference is defined as appearing in person for an administrative hearing in the next sentence.
§17-602.1-15, Hearing involving medical issues. This section is amended by replacing the word evaluation with assessment for consistency and clarity.
§17-602.1-33, Denial or dismissal of hearing requests. This section is amended by adding a new paragraph (4) to allow a denial or a dismissal of a food stamp hearing request when the household or its representative orally withdraws the request for a hearing. A written notice must be provided to the household to confirm the households request to withdraw and to advise the household that a request to reinstate the hearing must be received within ten days of this written notice. The department must reinstate the hearing at least once upon receipt of a timely request by the household. A households request must not be denied if the household is aggrieved by an action that differs from the reinstated action.
§17-602.1-34, Participation during the appeal. This section amends subsection (b) by removing the references to monthly reporting and replacing them with a reference to Chapter 17-650 in anticipation of simplified reporting.
§17-602.1-35, Reduction or termination prior to hearing decision. This section amends subsection (a) by removing the reference to monthly reporting and replacing it with a reference to Chapter 17-650 in anticipation of simplified reporting.
CHAPTER 17-603, AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS
The heading of subtitle 6 is amended to reflect the current division name as Benefit, Employment and Support Services Division.
§17-603-2 and 3 are amended by striking Family and Adult Services Division (FASD) and social services and inserting Benefit, Employment and Support Services Division (BESSD) and support services respectively.
These Sections are further amended by striking income maintenance (PD-IM) and social services and inserting financial assistance program (FAP), food stamp program (FSP) and employment and child care program (ECCP).
§17-603-4(d) is amended to make available the copies of rules governing resort child care rules without charge to interested individuals and agencies.
§17-603-4(g) is amended to provide copies of the program manuals within ten working days from the date of request. The previous requirement was within twenty working days.
This Section is further amended by striking income maintenance or social service unit and inserting program office.
CHAPTER 17-656.2, OTHER FAMILY ASSISTANCE PROGRAMS
§17-656.2-8, General eligibility requirements. The employment subsidy program will be limited to a one time only period of sixty consecutive months beginning with the month following the sixtieth time eligible month. At least one adult in the household shall be employed a minimum of nineteen hours per week or eighty-two hours per month for twelve consecutive employment subsidy months and a minimum of twenty hours per week or eighty-six hours per month for the thirteenth through the twenty-fourth consecutive employment subsidy month and a minimum of thirty-two hours per week or one hundred thirty-eight hours a month from the twenty-fifth month through the sixtieth consecutive employment subsidy month.
§17-656.2-9, Determining program eligibility. An application for employment subsidy may be received and eligibility established at any time during the set sixty employment subsidy month period. Also, an eligible household shall be subject to reporting requirements as specified by the department and be subject to an annual eligibility re-determination as specified in chapter 17-648.
§17-656.2-10, Benefit determination. An employment subsidy payment of two hundred dollars per month shall be made to each adult household member who is employed a minimum of nineteen hours per week or eighty two hours per month for the consecutive twelve month period following the sixtieth time-eligible month, employed twenty hours per week or eighty-six hours per month for the thirteenth month through the twenty fourth consecutive month following the sixtieth time-eligible month and employed thirty-two hours per week or one hundred thirty-eight hours per month for the twenty-fifth month through the sixtieth consecutive month following the sixtieth time- eligible month. Eligibility shall not exceed sixty consecutive employment subsidy months following the sixtieth month of assistance. The best estimate of monthly gross income for applicants and recipients shall be based on income that is anticipated to be received on a regular basis in the payment month. An employment subsidy payment that is paid out based on the departments determination specified in section 17-656.2-10 shall not be subject to overpayment and recovery provisions specified in chapter 17-683.
Chapter 656.2 of Title 17 is being further amended by adding subchapter 9 titled Employment Bonus Program to read as follows:
§17-656.2-52, Purpose. Describes that the purpose of this subchapter is to establish the Employment Bonus Program. This program will provide benefits to former recipients who exit our Aid to Families with Dependent Children federal assistance program (AF-F) or our Aid to Families with Dependent Children state assistance program (AF-S) in less than twenty-five months, if they have earned income.
§17-656.2-53, Definitions. Adds the definitions of average monthly hours, employed adult, Exit Bonus, First to Work, Grant Diversion, Job Retention Bonus, and twenty-four month period, as they will be used in the subchapter.
§17-656.2-54, Exit Bonus Requirements. Describes the conditions under which an exit bonus may be allowed. An exit bonus may be issued to an AF-F or AF-S household who exits financial assistance in less than twenty-five months because of excess income or assets or by voluntary request. The household must have countable income under three hundred percent of the federal poverty level in effect on July 1 of each year and must have at least one employed adult. The exit bonus is $500 for average monthly employment hours of not less than eighty six and not more than one hundred twenty eight. $700 for paid monthly employment hours of not less than one hundred twenty nine and not more than one hundred seventy two, or $1,000 for paid monthly employment hours of one hundred and seventy three or more. To qualify, the recipient must be working at least 86 hours a month or if self-employed, have gross earnings equaling state minimum wage times 86 hours.
§17-656.2-55, Job retention bonus requirements. Describes how a household may qualify for a job retention bonus at three months, six months, twelve months and twenty four months. The household may not receive any financial assistance between bonuses and must maintain employment between bonuses to qualify for the next bonus. They must also cure any sanctions to be eligible.
§17-656.2-56, Determining the job retention bonus. Describes how the amount of the bonus will be computed. The three month bonus is $700 for average monthly employment hours of not less than eighty six and not more than one hundred twenty eight. $950 for paid monthly employment hours of not less than one hundred twenty nine and not more than one hundred seventy two, or $1,250 for paid monthly employment hours of one hundred and seventy three or more. The six month bonus for the same three groups is $1,000, $1,250 or $1,500. The twelve month bonus for these groups is $1,200, $1,700 or $2,000. The twenty four month bonus for these three groups is $1,400, $2,250 or $2,500.
§17-656.2-57, Notice to the households. Explains that households shall be notified in writing of their possible eligibility for these benefits.
CHAPTER 17-676, INCOME
§17-676-2, Definitions. Adds the definitions of Earned income disregard, and work requirements, and amends the definition of full-time employed, as used in this chapter.
§17-676-54, Determining monthly net income for financial assistance. The thirty six percent earned income disregard is clarified by removing the reference to a variable rate and the penalties for late reporting of income have been removed from this section.
§17-676-55, Earned income disregard reimbursement to reward work. This new section has been added to allow for a reward work supplement for households who are earning income and meeting work participation requirements. This program applies to AFDC households effective January 2006. From month one through month twenty-four of receipt of AFDC benefits, the disregard reimbursement will be the difference between the 36% earned income disregard and a 100% earned income disregard. From the twenty-fifth month through the forty-eighth month of AFDC benefits, the disregard reimbursement will be the difference between the 36% earned income disregard and a fifty percent earned income disregard. This reimbursement does not apply to applicants and recipients of General Assistance, Assistance to the Aged, Blind and Disabled and to AF-F and AF-S applicants and recipients who have received an exit bonus or a job retention bonus. When determining how many months of AFDC benefits have been received, the Department will count months of receipt from July 1997 through the present.
CHAPTER 17-794, JOB OPPORTUNITY AND BASIC SKILLS (JOBS) TRAINING PROGRAM
§17-794-3, Definitions. This section is amended by adding the definition of Departmental designee; and revising the definition of JOBS and Supportive Services.
§17-794-26, Community work experience program. This section is amended to add the food stamp benefit amount in determining the maximum number of hours the participant is required to work in the community work experience program component.
§17-794-37, Conciliation. This section is amended to streamline and shorten the conciliation process to resolve participation disputes.
§17-794-41, Eligibility. This section is added to include a new provision regarding rent support to AFDC recipients participating in the JOBS program.
§17-794-42, Child care. Section (c) is amended by adding the language to subject the child care eligibility and payment requirements to Chapter 17-798.1, Child Care Services.
§17-794-42(d) to (g). These sections are deleted.
§17-794-45, Other supportive services. This section is amended to include psychiatric, parenting and domestic violence advocacy services.
§17-794-47. This section is amended to increase the duration of transitional support services benefits to a maximum of twelve months. This also adds transportation services for the former JOBS program participants.
A public hearing will be held at the following date, time and place:
Wednesday, August 2, 2006, 1:30 p.m.; Haseko Center, Suite 606, Conference Room 2, 820 Mililani Street, Honolulu, Hawaii.
All interested persons are invited to attend the hearing to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five (5) copies shall be made available to the presiding officer at the public hearing or within seven (7) days before the hearing to:
Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813
Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Benefit, Employment and Support Services Section Administration office on the respective islands within seven (7) days before the Honolulu hearing date to have their testimony recorded:
East Hawaii Section Administrator
Prince Kuhio Plaza
111 East Puainako Street, A-105
Hilo, HI (981-7288)
West Hawaii Section Administrator
Lanihau Professional Center
75-5591 Palani Road, Room 2004
Kailua-Kona, HI (327-4765)
Kauai Section Administrator
Dynasty Court
4473 Pahee Street, Suite G
Lihue, HI (241-3663)
Maui Section Administrator
1955 Main Street, Suite #325
Wailuku, HI (243-5875)
Molokai Income Maintenance Unit
Kaunakakai Civic Center, Phase 2
55 Makaena Place, Room 1
Kaunakakai, HI (553-1715)
A copy of the proposed rules will be mailed at NO COST to any interested person requesting a copy by writing to:
Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813
or by calling 586-5725. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Benefit, Employment and Support Services Division office during regular business days and hours.
Proposed rules are available on the internet at http://swat.state.hi.us/vrc.htm
Special accommodations (i.e., Sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5230. Neighbor island residents needing special accommodations should contact the Benefit, Employment and Support Services Section Administration office on the respective islands with their requests.
DEPARTMENT OF HUMAN SERVICES
(SB05523670 7/2/06) LILLIAN B. KOLLER, ESQ., DIRECTOR
