Okla. Admin. Code § 340:15-1-4

Current through Vol. 42, No. 3, October 15, 2024

Section 340:15-1-4 - State Supplemental Payment (SSP) plan

The SSP plan encompasses the requirements listed in (1) through (11) of this Section.

(1)State-wide operation. The SSP plan is a state-administered program in effect in all Oklahoma counties.

(2)Financing. The State of Oklahoma provides all funding for the SSP Program.

(3)Single-state agency. The SSP Program is administered by Oklahoma Human Services (OKDHS) Adult and Family Services, in offices throughout the state.

(4)Fair hearings. An SSP applicant or recipient adversely affected by an OKDHS decision is provided an opportunity for a fair hearing, per Section 168 of Title 56 of the Oklahoma Statutes (56 O.S § 168). Adverse effects may include, when the applicant or recipient:

(A) is denied benefits or the application is not acted upon within 30-calendar days for persons categorically related to Aid to the Aged, or 60-calendar days for persons categorically related to Aid to the Blind or Disabled;

(B) disagrees with the approved payment amount; or

(C) disagrees with any action taken regarding his or her payment.

(5)Proper and efficient administration. OKDHS operates under the State Merit System that establishes and maintains personnel standards on a merit basis for certain state agencies, including OKDHS, per 56 O.S § 26.17.

(6)Safeguarding information. Per 56 O.S § 183 and Oklahoma Administrative Code (OAC) 340:1-1-20 and 340:65-1-2, OKDHS restricts the use or disclosure of information concerning SSP applicants and recipients to purposes directly connected with SSP program administration.

(7)Right to apply. A person has the right to:

(A) apply for SSP and any other benefit he or she chooses;

(B) expect an eligibility investigation; and

(C) expect a decision regarding the SSP application within 30-calendar days for persons categorically related to Aid to the Aged or 60-calendar days for persons categorically related to Aid to the Blind or Disabled.

(8)Assistance under only one program. An eligible person's needs may be included in only one cash assistance benefit, either SSP or Temporary Assistance for Needy Families.

(9)Standards for determining eligibility and payment amount. Refer to OAC 340 Chapters 15 and 65 for SSP eligibility determination rules and OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards for SSP payment amounts.

(A) SSP standards are based on the mandatory "Pass-Along Provision" of Section 1618 of the Social Security Act ( Section 1382g of Title 42 of the United States Code) that requires states to pass along cost of living adjustments (COLA) in Supplemental Security Income (SSI) benefits. OKDHS adjusts payment amounts during the calendar year, as needed, to maintain total SSP expenditures for SSP in a calendar year at the same level as the total expenditures in the previous year.

(B) Maximum income and resource standards for persons who are 65 years of age and older, blind, or disabled are based on the federal benefit rates (FBR), per OKDHS Appendix C-1, Schedule VIII.

(i) Countable income for SSP must be less than 100 percent of the FBR, plus the maximum SSP amount.

(ii) Countable income must be equal to, or less than 300 percent of the FBR for certain persons who, since December, 1973:

(I) were approved for care and continuously living in a licensed Title XIX nursing care facility, intermediate care facility (ICF), or ICF for individuals with intellectual disabilities (ICF-IID);

(II) have continuously received Home and Community-Based Waiver Services for the intellectually disabled; or

(III) were 65 years of age and older and have continuously resided in a mental hospital.

(iii) Countable deemed income to a minor child with disabilities or who is blind must be less than 100 percent of the FBR.

(iv) Maximum resources must be equal to, or less than 100 percent, of the SSI resource standards.

(10)Income and resources. When determining need for an SSP, OKDHS considers the person's countable income and resources, per OAC 317:35-5-41 and 317:35-5-42, and federal and state law.

(A) To determine income eligibility at application, the worker calculates the person's actual earned and unearned income received or expected to be received during the application month and compares it to the maximum income standard, per OKDHS Appendix C-1, Schedule VIII.A.

(B) The worker only verifies an SSI recipient's income and resources when the recipient reports a change or the worker receives information indicating the person has income or resources not considered by the Social Security Administration at SSI approval or the most recent SSI review.

(C) As an SSI Criteria state, Oklahoma is required to passively or auto renew the SSP and SoonerCare (Medicaid) eligibility of SSI recipients every 12 months without requiring them to provide any information when their case records contain reliable information or more current information is available to OKDHS, per Section 435.916 of Title 42 of the Code of Federal Regulations.

(11)Civil rights. The SSP Program is administered, per provisions of Title VI of the Civil Rights Act.

Okla. Admin. Code § 340:15-1-4

Amended at 9 Ok Reg 3247, eff 7-15-92 (emergency); Amended at 10 Ok Reg 2849, eff 6-25-93; Amended at 13 Ok Reg 297, eff 5-18-95 (emergency); Amended at 13 Ok Reg 2617, eff 6-28-96; Amended at 13 Ok Reg 3231, eff 7-1-96 (preemptive); Amended at 21 Ok Reg 2370, eff 7-1-04; Amended at 23 Ok Reg 1834, eff 7-1-06; Amended at 26 Ok Reg 814, eff 6-1-09; Amended at 27 Ok Reg 1004, eff 6-1-10

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022