M E M O R A N D U M

TO: EES Program Administrators

FROM: Sandra Kimmons

DATE: 4/30/15

SUBJECT: Implementation Instructions - KEESM Revision #72

This memo provides implementation instructions and information for the following May 1, 2015 policy changes in the Kansas Economic and Employment Services Manual (KEESM).

Successful Families

1. TANF : 

TANF Households who test positive for an illegal substance, failed to test or are found to have committed fraud in the TANF or child care program are required to name a protective payee to access their benefits on behalf of the child(ren) in the home. In addition to taking actions for periods of ineligibility on behalf of the household members (code DI, add PRAP codes, update INDA, send appropriate notices, etc.) certain changes are being implemented to reduce the incidences of benefits being rejected by our FIS contractor.

Effective May 1, 2015, the following changes are to be implemented for TANF protective payee situations. See Summary of Change Section I I, A, 1, and KEESM sections 1414 (2), 1515 and 11221.2.

1. Open/ongoing cases:
   
   
   • When a household has been identified as requiring a protective payee, the agency is to send either the P3 with the attachment or the V018 and V019 allowing 10 days for a response. The agency will need to appropriately code the individual (suspicion-based drug test) or all adults (fraud) DI on SEPA, allowing for timely and adequate notification and send appropriate notice of benefit change.
     
     
   • Within 10 days:
     
     If the client provides the information for a protective payee:
     
     
     • Have the protective payee sign, in front of a DCF notary, the P3 or V018.
       
       
       • Add the protective payee to ebtEDGE.
         
         
     • Take action to restrict access on ebtEDGE for the PI and any other adult in the household.
       
       
     • Ensure that the individual (suspicion-based drug test) or all adults (fraud) are coded DI and were allowed timely and adequate notice for the change.
       
       
     • Authorize or reauthorize needed benefits for unpaid months through current system month.

     NOTE: It is important to add payee and then add the restriction to ebtEDGE prior to authorizing or reauthorizing benefits for unpaid months. Failure to complete in this order [add payee, restrict, authorize] will allow the household to access the benefit in the unpaid months.

     Example 1:
     
     Open TANF case. SRCC identified individual for drug testing. Individual failed to test. The agency will need to appropriately code the individual DI on SEPA, allowing for timely and adequate notification and send appropriate notice of benefit change, A718. V018 and V019 are also mailed. Client provides a protective payee who signs the V018 in front of the local office notary. EES staff notifies the EBT clerk to add the protective payee to ebtEDGE and restrict ebtEDGE access to TANF for all adults in the household. EES staff ensures that the individual is coded DI on SEPA and was allowed timely and adequate notice for the change. EES staff authorizes or reauthorizes needed benefits for unpaid months through current system month.

   No protective payee is provided:

   • Ensure that the individual was coded DI on SEPA and was allowed timely and adequate notice for the change. If not, make appropriate SEPA change to the month after the P3/V018 was mailed if timely and adequate notice requirements can be met and send notice.
     
     
   • Close the case at the end of the month following the month the P3/V018 was mailed. (For example, when mailed 3/6 the case would be closed effective 4/30 if the P3/V018 is not returned)
     
     
   • Use code PI on AFED.
     
     
   • Send closure notice A404.
     
     
   • On INDA, indicate “client failed to name a protective payee”.
     
     
   • On WOAL, indicate “client failed to name a protective payee”.
     
     
   • On the Penalty TAB, indicate “client failed to name a protective payee”.
     
     
   • Do not restrict access for the PI or other adult in the household on ebtEDGE as the case is being closed.

   Example 2:
   
   Open TANF case. SRCC identified individual for drug testing on 3/1. Individual failed to test on 3/2. The RDC notifies the local office of the failure on 3/6. The local office will need to appropriately code the individual DI on SEPA for April, allowing for timely and adequate notification and send appropriate notice of benefit change, A718 on 3/6. V018 and V019 are also mailed on 3/6. No contact from the client. On 3/17 the local office closes the case effective 4/30 (the month after the month the V018/V019 is mailed) using code PI on AFED. The individual’s SEPA code remains DI. The local office sends the closure notice A404. The local office adds “client failed to name a protective payee” to INDA, WOAL and the Penalty TAB in OneNote. Do NOT restrict the cash access on the ebtEDGE system.

   Example 3:

   Open TANF case. Client is found guilty of fraud by an administrative hearing on 3/17. Clients’ needs are removed from the TANF case (code all adults in the household “DI” on SEPA), allowing for timely and adequate notification and appropriate notice is sent on 3/18, A716. V018/V019 are also mailed on 3/18. After 10 days, no payee has been provided. Close the TANF case effective 4/30 (the end of the month following the month the V018/V019 was mailed). The SEPA codes remain “DI” for the adults. Do NOT restrict the cash access on the ebtEDGE system. Update INDA, WOAL and the penalty TAB in OneNote with “client failed to name a protective payee”.

   If the TANF case is reopened in the future, a protective payee must be named as a condition of eligibility. Failure to name a protective payee upon reapplication is considered a failure to provide information. Use code PI on AFED.

   • Protective payee named after receipt of closure notice (in situations where a new application is not required):

     Have the protective payee sign, in front of a DCF notary, the P-3 or V018. Add the protective payee to ebtEDGE (the payee must either provide a password or a SSN in order to be able to access benefits). Restrict access to ebtEDGE for PI and other adults in the household. Reopen the TANF case, applying all penalties/ineligibility periods as required by policy.

     NOTE: It is important to add payee and then add the restriction to ebtEDGE prior to authorizing or reauthorizing benefits for unpaid months. Failure to complete in this order [add payee, restrict, authorize] will allow the household to access the benefit in the unpaid months.

     Example 4:
     
     Open TANF case. Client is found guilty of fraud by an administrative hearing on 3/17. Clients’ needs are removed from the TANF case (code all adults in the household “DI” on SEPA), allowing for timely and adequate notification and appropriate notice is sent on 3/18, A716. V018/V019 are also mailed on 3/18. After 10 days, no payee has been provided. Close the TANF case effective 4/30 (the end of the month following the month the V018/V019 was mailed). Send notice A404. Do NOT restrict the cash access on the ebtEDGE system. Update INDA, WOAL and Penalty TAB with “client failed to name a protective payee”. On 5/2, the client provides a protective payee. Notify EBT clerk to add protective payee to ebtEDGE and restrict access to cash for the payee (and any other adult in the household). Revert the case to open (KEESM 1423), ensure that all adults have remained coded DI on SEPA, authorize benefits, remove “client failed to provide protective payee” from INDA, WOAL and Penalty TAB. Send appropriate notice(s).

   • Reapplication after case closure for failing to provide a protective payee:
     
     
     • At application, any previously imposed ineligibility periods remain in force. However, as a condition of eligibility, the household must name a protective payee prior to approval. Failure to name a protective payee results in TANF ineligibility for the entire household. See KEESM 1414.2 (3). Send Denial notice A204.
       
       
2. Applicant status and required to name a protective payee:
   
   When a person is in applicant status and they have tested positive for an illegal substance, failed to test or have been found to have committed fraud in the TANF or child care program then cash benefits are not to be authorized until a protective payee has been established. However, do not hold up processing a TANF case while waiting for results from a suspicion-based drug test.
   
   The following actions are required to assure the TANF application is processed timely and TANF benefits are considered in the food assistance budget:
   
   
   • TANF application received and pended (information needed/KWK, etc).
     
     
   • Applicant has failed to test, has tested positive for an illegal substance or has been found to have committed fraud in the TANF or child care program.
     
     
     • Send the V018 and V019 or the P3 with the attachment.
       
       
     • If all other eligibility information is received:
       
       
       • Notify the Regional Drug Coordinator (RDC). The RDC will take all further case action on these cases.
         
         
       • The RDC will:
         
         
         • Process the TANF application for one month only.
           
           
         • The individual (drug test) or all adults (fraud) are to be coded DI.
           
           
         • Send notice A116. This notice informs the household they are potentially eligible for a TANF benefit for the application month, however the benefit will not be authorized until a protective payee is assigned.
           
           
         • Go back to AFPD (only this screen), remove the authorization code (PIN), press enter, and then press F9 to avoid making changes to the food assistance case on FSAD. (This will allow the system to show this case as processed and it will count the TANF in the food assistance budget – if both programs were processed at the same time, but keeping the TANF benefit from being paid. It will also allow the keywords on the notices to fill in the correct amounts for TANF.)
           
           Example 5:
           
           Application received on 2/7. Client referred for KWK and drug testing. Client tests positive for an illegal substance. Client subsequently completes KWK. The local office notifies the RDC of the receipt of all eligibility criteria and application is ready to process. The RDC will process the TANF application for the application month only. The adult(s) is coded DI on SEPA. Send notice A116, V018 and V019. Go back to AFPD (only this screen), remove the authorization code (PIN), press enter, and then press F9. Update INDA with “Suspicion-based DT”. Code PRAP S1. Begin tracking for return of V018/V019 and 42 days after date of application.

   The protective payee agreement may or may not be received.

   If the protective payee agreement is NOT received in the local office, the RDC will:

   • Deny the TANF case on the 42nd day after the application received, but at least 10 days after the original P3, V018/V019 was sent. The TANF case will still be in the application month.
     
     
   • Code AFED PI.
     
     
   • Send notice A204.
     
     
   • Remove any budgeted TANF payment ( income coded CA on UNIN) for the month of application. May need to issue a food assistance underpayment.
     
     
   • Send food assistance supplemental benefit notice (F702) if underpayment authorized.
     
     
   • On INDA, WOAL and Penalty TAB on OneNote indicate “client failed to name a protective payee”.
     
     
   • Notify local office of closure.
     
     Example 5A:
     
     See example 5. Payee information is not received by the local office. On 3/21 (42 days after date of application) deny the TANF application using code PI. Send notice A204, update INDA, WOAL and Penalty TAB with “client failed to provide protective payee”.

   If the protective payee agreement is received by the local office:

   • When the Protective payee agreement is received by the local office the local office will take the following action:
     
     
     • Add the protective payee to ebtEDGE (the payee must either provide a password or a SSN in order to be able to access benefits).
       
       
     • Restrict access of the PI and any other adult in the household on ebtEDGE.
       
       
     • Authorize TANF and send all appropriate notices (remember to code the PI and any other adult [fraud] DI on SEPA). Adjust food assistance for the following month(s) allowing for timely and adequate notice.

     Example 5B:
     
     See example 5. Payee information is received by the local office. The EBT clerk adds the protective payee to ebtEDGE and restricts access to cash assistance to the PI and any other adult in the household. The local office processes the application, coding the individual DI and sends all appropriate notices.

2. Employment Services

The Work Retention Program is a job retention tool that will track new employment for 90 days by offering a payment to the client upon initial verification of employment, and another payment when the client verifies they have been employed for 90 days. These are considered support services and will not count against the clients TANF benefit or towards their TANF months Clients may receive this payment as many times as they qualify.

Upon initial employment verification, a payment of $100.00 will be issued on the clients EBT card through the KSCARES system. The Career Navigator will make the support payment using EMP component code as the activity. If the client verifies 90 days of continuous employment, they will receive a second employment bonus issuance of $300.00 on their EBT card (this does not have to be with one employer, they can have accepted an offer with a different employer(s) so long as they did not have more than a one or two day gap in between jobs). The EMP activity will be opened for 3 months and an alert will be set to close the activity when the client does or does not report back. It will be the responsibility of the client to report back in 3 months to receive the 2nd bonus reward. Career Navigators must inform the client of the 90 day reward bonus, provide them with an Employment Verification dated 3 months out to bring back in, and encourage the client to report back.

The client may receive the Work Incentive Payment of $50 for 5 months and take advantage of the reward program concurrently. This program is designed to help DCF improve their real time job retention tracking for 90 days, which is the time frame most requested by federal and state reports.

The new Orientation power point was implemented in January and best practice is being added to KEESM for 5/1/15. Orientation will be given via power point presentation which will include information about work program expectations, requirements, cooperation, services, etc. The orientation may be given individually or in groups and should be initiated upon TANF approval. It may be shown by the Career Navigator at initial interview.

The power point orientation should be done prior to assessments or job/provider information sessions. The power point may not be altered by local offices and can only be changed by and with the approval of Central Office Employment Services staff. A packet containing additional local resource information and approved self-assessments will be provided to the client upon the viewing of the orientation power point. In group settings, the SASSI may be administered at the same time as the power point orientation. Standard required work program assessments such as the ONet and Self -Assessment should be done on a face to face basis by the Career Navigator at the initial appointment with the client.

Program opportunity events such as provider or training presentations should be completely separate from assessment and orientation. The client must be assessed and meet with the Career Navigator first to determined what the most appropriate course of action for the client might be prior to attending these events. All orientation and assessments must be done within 90 days, at which time the client should be fully engaged in training or employment focused activities.