SR 11-36 Dated 08/11

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DFA SIGNATURE DATE:

September 6, 2011

FROM:

OFFICE OF THE DIRECTOR, DFA Terry R. Smith

AT (OFFICE):

Division of Family Assistance

TO:

DFA Supervisors

 

SUBJECT:

Changes to the Financial Assistance to Needy Families (FANF) Intentional Program Violations (IPV) Policy and Terminology

EFFECTIVE DATE:

August 23, 2011

 

 

SUMMARY

 

This SR releases, on behalf of the Special Investigations Unit (SIU), changes to the Financial Assistance to Needy Families (FANF) Intentional Program Violations (IPV) policy, and general editorial revisions to IPV-related names and terminology. These changes were initiated by SIU’s readoption of administrative rules He-W 693.

 

Updates were made throughout the Family Assistance Manual (FAM) for consistency and accuracy, to reflect current IPV procedures and vernacular, and to align with language in the newly readopted IPV rules.

 

FORMER IPV POLICY

NEW IPV POLICY

An IPV was officially established in only one of the following 3 ways:

·   a court of appropriate jurisdiction;

·   the household’s signing of a waiver of right to an administrative disqualification hearing (ADH); or

·   an ADH through the Administrative Appeals Unit (AAU).

IPVs can now be officially established via any of the following ways:

·   an individual’s plea of guilty or nolo contendere in state or federal court;

·   a guilty finding by a court of appropriate jurisdiction;

·   the individual’s signing of a waiver of the right to an ADH;

·   an ADH through the AAU; or

·   a signed consent agreement approved by the prosecuting authority.

The IPV disqualification period began the first month that followed the date the individual received written notification of the ADH decision.

The IPV disqualification period now begins on the date when the individual is found to have committed an IPV by:

·   the individual’s plea of guilty or nolo contendere in state or federal court;

·   conviction by a court of appropriate jurisdiction;

·   the individual’s signature on the ADH waiver or consent agreement; or

·   ADH decision.

The FANF casehead and one of the following individuals were required to sign the ADH waiver form if the accused individual waived the right to an ADH:

·   the accused individual;

·   the accused individual’s authorized representative (AR); or

·   the FANF caretaker relative.

Only the accused individual is required to sign the ADH waiver.

To begin proceedings, the SIU had to convince the AAU of the need for an ADH by showing convincing documentation.

According to the SIU and AAU, this procedure is not required.

The AAU had to notify the household at least 30 days in advance of a scheduled ADH if the individual did not waive the ADH.

The SIU (instead of the AAU) must notify the household at least 30 days in advance of a scheduled ADH if the individual does not waive the ADH.

Within 90 days of the advance notice of the ADH, the AAU had to conduct the ADH and inform the household and appropriate Division offices of the ADH decision.

According to the SIU and AAU, the 90-day timeframe is no longer mandated.

The 90-day limit described above was extended by as many days as the ADH was postponed.

This policy is no longer relevant due to the elimination of the 90-day policy above.

The Attorney General’s Office informed DHHS about court decisions.

Additional prosecuting authorities such as the County Attorneys or the US Attorney’s Office, as well as the Attorney General’s Office, inform DHHS about court decisions.

FAM 713.03 contained contradictory language related to the individual that was disqualified for the IPV; text left it unclear whether only the individual who committed the IPV was disqualified, or if only the FANF casehead was disqualified.

The contradictory language in FAM 713.03 is now corrected and indicates that only the individual who has committed the IPV will be disqualified.

FAM 713.07 stated that the Notice of the Recipient’s Right to Waive the ADH was required to contain all the information in the Notice of Hearing.

If the accused individual is notified of the right to waive the ADH before the date of the ADH is scheduled, the Recipient’s Right to Waive the ADH does not need to contain the date, time and place of the ADH.

 

POLICY

 

The following policies regarding Financial Assistance to Needy Families (FANF) Intentional Program Violation (IPV) procedures and practices have been updated, initiated by the Special Investigations Unit’s (SIU) readoption of their expiring He-W 693 rules:

 

·   An IPV is officially established only by one of the five following methods:

- an individual’s plea of guilty or nolo contendere in state or federal court;

- a guilty finding by a court of appropriate jurisdiction;

- the individual’s signing of a waiver of the right to an ADH;

- an ADH through the AAU; or

- a signed consent agreement approved by the prosecuting authority.

·   The IPV disqualification period now begins on the date when the individual is found to have committed an IPV by:

- the individual’s guilty or nolo contendere plea in state or federal court;

- conviction by a court of appropriate jurisdiction;

- ADH decision; or

- the individual’s signature on the ADH waiver or consent agreement.

The SIU explained that this has been their standard operating procedure since the New Heights automated system was first implemented and therefore, is not a change to their current method of operation. Although this is not a procedural policy change according to the SIU, the FAM was updated to reflect current SIU practice and to align with He-W 693.

·   Only the accused individual is required to sign the ADH waiver. The SIU does not require the FANF casehead, the individual’s authorized representative (AR), or the FANF caretaker relative to sign the ADH waiver when an individual waives the right to an ADH;

·   The SIU is not required to begin proceedings by convincing the AAU of the need for an ADH by showing convincing documentation;

·   The SIU, instead of the AAU, must issue a hearing notice at least 30 days before an ADH if the individual does not waive the ADH;

·   According to the SIU and AAU, the AAU is not required to conduct the ADH and notify the household and appropriate Division offices within 90 days of the advance notice of the ADH;

·   Extending the 90-day limit, described in the bullet above, by as many days as the ADH was postponed is no longer required because the requirement for the 90-day limit has been eliminated;

·   According to the SIU, the County Attorneys, the US Attorney’s Office, or other prosecuting authorities, as well as the Attorney General’s Office, can provide DHHS with information about court decisions;

·   Family Assistance Manual (FAM) 713.03 has been revised to state that only the individual who committed an IPV will be disqualified, correcting text in the previous disqualification policy that was unclear as to whether only the individual was disqualified or only the FANF casehead was disqualified; and

·   FAM 713.07 has been revised to indicate that if the individual is notified of the right to waive the ADH before the ADH has been scheduled, the Recipient’s Right to Waive the ADH does not need to contain the date, time and place of the ADH.

 

Additionally, the following general IPV terminology has been updated for consistency and accuracy throughout FAM PART 713 to reflect current usage and align with language in the SUI’s newly adopted IPV rules:

·   Special Investigations Unit (SIU) replaces Office of Special Investigations (OSI);

·   Administrative Disqualification Hearings (ADH) replaces Fair Hearings; and

·   Administrative Appeals Unit (AAU) replaces Hearings Office.

 

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

 

There are no changes needed to any systems procedures or implementation in New HEIGHTS.

 

DESCRIPTION OF REVISIONS MADE TO FORMS

 

Any SIU forms that require revisions due to policy changes in this SR, as initiated by the readoption of He-W 693, will be released by the SIU under separate cover at a later date.

 

POLICY MANUAL REVISIONS

 

Revised Family Assistance Manual Topics

 

Section 713.01   Intentional Program Violation (IPV)

Section 713.03   Disqualification Periods

Section 713.05   IPV Court of Appropriate Jurisdiction

Section 713.07   IPV Administrative Disqualification Hearing

Section 713.13   Court Adjudicated Claims

 

IMPLEMENTATION

 

The policies released in this SR are effective August 23, 2011.

 

CLIENT NOTIFICATION

 

Notification of the changes to Administrative Rules He-W 693 was published in the NH Rulemaking Register, Office of Legislative Services, on June 17, 2011. A public hearing on the amended Administrative Rules was held on July 15, 2011. No other client notification is planned.

 

TRAINING

 

No special training for DFA staff is needed or planned. The SIU will conduct any training, if deemed necessary, for SIU staff.

 

DISPOSITION

 

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

 

DISTRIBUTION

 

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at www.dhhs.nh.gov/DFA/publications.htm, effective October 3, 2011. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Family Assistance Manual.

 

DFA/KD:s