reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 180 - LIBRARY FINANCIAL ASSISTANCE PROGRAMS › Chapter 2 - Compliance and Monitoring Requirements for All Grants › Rule 16-180.2.1 - Requirements Applicable to All Grants

Current through June 25, 2024
All recipients of grants from the Library Commission, from
				  any source of funds, are required to:
A. Keep adequate financial records which meet
				the requirements for grant administration as prescribed by the Library
				Commission.
B. Submit, within six
				(6) months following the end of the most recently completed fiscal year, an
				appropriate audit.
C. Submit
				periodic project-related documentation at such times as are required by and in
				a form identified by the Library Commission.
D. Submit supporting documentation for all
				requests for funds as required by and in the form identified by the Library
				Commission.
E. Retain all records
				for five (5) years.
F. Be subject
				to possible on-site monitoring by Library Commission personnel to verify
				compliance with State and federal requirements on the grant
				agreement.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 180 - LIBRARY FINANCIAL ASSISTANCE PROGRAMS › Chapter 3 - Federal Programs › Rule 16-180.3.1 - Applicability of Rules

Current through June 25, 2024
All rules and regulations promulgated as a part of any
				  federal program of which the Library Commission is the recipient of funds shall
				  be applicable to Library Commission programs which are funded wholly, or in
				  part, from federal sources.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 183 - LIBRARY SERVICES AND TECHNOLOGY ACT › Chapter 1 - Overview › Rule 16-183.1.1 - Purpose

Current through June 25, 2024
LSTA provides funding to stimulate excellence and promote
				  access to learning and information resources in all types of libraries for
				  individuals of all ages. The Library Commission administers and uses LSTA funds
				  to enhance the quality of library services in Mississippi, in accordance with
				  the purposes set forth in the federal legislation.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 183 - LIBRARY SERVICES AND TECHNOLOGY ACT › Chapter 1 - Overview › Rule 16-183.1.2 - Eligibility

Current through June 25, 2024
Eligibility of applicants shall be determined by the Library
				  Commission's five-year plan for use of Library Services and Technology Act
				  funds.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 183 - LIBRARY SERVICES AND TECHNOLOGY ACT › Chapter 1 - Overview › Rule 16-183.1.3 - Process

Current through June 25, 2024
The Library Commission administers and uses LSTA funds, in
				  any proportion, directly or through competitive and/or non-competitive grants
				  or cooperative agreements in accordance with the principles set forth in the
				  basic guidelines of the agency's five-year plan for use of Library Services and
				  Technology Act funds.
A. When LSTA
				grants are offered, the Board approves the categories for the grant
				call.
B. Upon Board approval, the
				Library Commission publishes and distributes to entities deemed eligible a
				program manual, (included year's grant calendar, eligible applicants, targeted
				project activities, funds availability, application submission requirements and
				deadlines, and evaluation criteria, etc.).
C. Grant applications are subject to
				review.
D. The Executive Director
				makes sub-grant recommendations to the Board based on the review process
				results, stated funding priorities and limits, and overall goals of the LSTA
				program.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 183 - LIBRARY SERVICES AND TECHNOLOGY ACT › Chapter 1 - Overview › Rule 16-183.1.4 - Requests for Reconsideration

Current through June 25, 2024
Requests for reconsideration of an award decision shall be
				  made on procedural grounds only. Such grounds include alleged conflicts of
				  interest, unfair or preferential treatment of applications, or procedures not
				  uniformly applied to all applicants. Any applicant affected by an award
				  decision on said grounds may request a reconsideration of the action taken by
				  the Library Commission in accordance with the procedures outlined in
				  Reconsideration Hearings.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 1 - Personnel Incentive Grants Program (PIGP) › Rule 16-185.1.1 - Uses

Current through June 25, 2024
Personnel Incentive Grants may be used by accredited public
				  library systems for personnel costs only.
A. Personnel costs are defined as base salary
				and benefits, including federal and State withholding taxes, social security,
				retirement, worker's compensation, and unemployment insurance.
B. Life insurance and health insurance
				premiums are ineligible personnel costs for reimbursement under the Personnel
				Incentive Grants Program.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 1 - Personnel Incentive Grants Program (PIGP) › Rule 16-185.1.2 - Eligibility

Current through June 25, 2024
To participate in the Personnel Incentive Grants Program, a
				  public library system must be accredited, meeting at least Level A requirements
				  under the Mississippi Public Library System Accreditation Program. In addition,
				  the accredited public library system must annually:
A. Maintain effort for local income, total
				local operating income shall not fall more than 2¢ below that received in
				the second preceding year.
B.
				Maintain compliance with accreditation service measures in eight (8) areas of
				public library management and operations affecting the delivery of quality
				library services (Governance, Administration, Funding, Staffing, Collections,
				Services, Patrons & Community, and Access). The level of achievement of
				service measures shall be attested to, in writing, by the chairperson of the
				public library system administrative board of trustees and the director of the
				public library system as part of a report filed with the Mississippi Library
				Commission annually.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 1 - Personnel Incentive Grants Program (PIGP) › Rule 16-185.1.3 - Process

Current through June 25, 2024
The Library Commission shall determine a total amount of
				  State funding available for the Personnel Incentive Grants Program and the
				  eligibility of each library system making application for funds. The
				  Board-established formula shall be applied to the available funding to
				  determine the grant amount for each eligible library system.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 1 - Personnel Incentive Grants Program (PIGP) › Rule 16-185.1.4 - Waivers

Current through June 25, 2024
. A library system may submit a written request to the
				  Executive Director for consideration of a waiver by the Board of Commissioners
				  in the event the library system is deemed ineligible due to failure to comply
				  with one or more of the maintenance of effort (MOE) requirements. MOE waivers
				  are only granted by the Board of Commissioners under extraordinary
				  circumstances. The decision of the Board regarding a waiver is final and
				  conclusive unless determined by a court of competent jurisdiction to have been
				  fraudulent or not supported by substantial evidence.
A. Educational Requirement.
1. Interim Director - The Board may grant a
				one (1) year waiver to enable a library system administrative board of trustees
				to employ an interim (temporary) director with at least a bachelor's degree or
				five (5) years of library experience. Concurrently, the library system board of
				trustees shall undertake, in accordance with a written action plan, an active
				search for a qualified permanent director or a provisional director. At its
				discretion and only under extraordinary circumstances, the Board may allow a
				six (6) month extension of the waiver. Compliance with all reporting
				requirements for the duration of the waiver is mandatory.
For an extension to be considered, library system trustees
				  must make a request in writing and provide supporting documentation of a
				  good-faith, but unsuccessful active search.
2. Provisional Director - The Board may grant
				a three (3) year waiver to a library system administrative board of trustees
				when an uncredentialed provisional director is hired provided the individual
				agrees to, immediately pursue and actively obtain a master's degree in library
				science from a school accredited by the American Library Association within the
				three (3) year waiver period. The provisional director must maintain a 3.0 GPA
				and successfully complete nine (9) hours of applicable credit each year.
				Compliance with all reporting requirements for the duration of the waiver is
				mandatory.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 2 - Life and Health Insurance Grant Program › Rule 16-185.2.1 - Eligibility

Current through June 25, 2024
All active public library employees working 20 hours or more
				  a week are eligible for life and health insurance coverage. Participating
				  public libraries shall adhere to the policies and procedures concerning life
				  and health insurance coverage as established by the Department of Finance and
				  Administration.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 185 - STATE AID PROGRAMS › Chapter 2 - Life and Health Insurance Grant Program › Rule 16-185.2.2 - Process

Current through June 25, 2024
The Library Commission shall reimburse public libraries for
				  one-hundred percent (100¢) of the cost of health insurance and fifty
				  percent (50¢) of the cost of life insurance for eligible public library
				  employees, upon submission of a reimbursement request and appropriate
				  documentation.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 187 - OTHER GRANT PROGRAMS › Chapter 1 - Other Funds › Rule 16-187.1.1

Current through June 25, 2024
The Library Commission may receive other funds which may be
				  used to improve library services statewide.
Mississippi Code of
				  1972, Annotated §
										39-3-107
				  (Rev. 1988).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 1 - General Overview › Rule 18-1-1.1 - Authority and Purpose

Current through June 25, 2024
A. The purpose of
				this policy is to establish the procedures and guidelines the Mississippi
				Department of Human Services (MDHS) will follow in order to effectively
				establish overpayments as a result of improper benefit payments within the
				programmatic divisions of this agency.
B. The Mississippi Department of Human
				Services has established an independent unit called the Benefit Recovery Unit
				within the Office of Inspector General which shall be responsible for
				establishing, monitoring, tracking, and recovering overpayments as a result of
				improper benefit payments found within the programmatic divisions within the
				Mississippi Department of Human Services. The Benefit Recovery Unit is also
				responsible for the recovery of subgrantee collections as a result of
				Monitoring Audits and Findings.
Miss. Code Ann.
				  §
										43-1-2
				  et. seq. (Rev. 2021).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 1 - General Overview › Rule 18-1-1.2 - Public body description-Contact Information-Benefit Recovery Unit

Current through June 25, 2024
A. MDHS consists of the following
				Programmatic Divisions:
1. Economic Assistance
				Eligibility
2. Aging and Adult
				Services
3. Youth
				Services
4. Community
				Services
5. Child Support
				Enforcement
6. Early Childhood Care
				and Development
7. Workforce
				Development and Partnership Management
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.1 - Legal Basis

Current through June 25, 2024
A. Supplemental
				Nutrition Assistance Program (SNAP) overpayments are State-administered federal
				debts. A recipient overpayment is the amount owed as a result of benefits that
				were overpaid or benefits that were trafficked.
B. SNAP overpayments "are a Federal debt
				subject to this and other regulations governing Federal debts. The State Agency
				must establish and collect any claim by following these regulations".
C. The Mississippi Department of Human
				Services is required to "develop a plan for establishing and collecting claims
				that provides orderly claims processing and results in claims collections
				similar to recent national rates of collection".
7 CFR
				  §
											271.2, CFR § 273.18(a)(2)(3) -
				  Claims against households
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.2 - Reporting Requirements

Current through June 25, 2024
A. Effective
				January 1, 2018, Mississippi began the transition to Change Reporting for all
				households. Under Change Reporting requirements, all households must report the
				following changes within 10 days of the date the change becomes known to the
				household:
1. Residence and resulting shelter
				costs;
2. Establishment or
				modification of a legal child support obligation;
3. Change of more than $125 in unearned
				income;
4. Change of more than $125
				in monthly earned income from the amount used to calculate the household's
				benefit amount;
5. Change in the
				source of income (example: change in employment), if it results in a change in
				income.
6. Change in liquid
				resources, such as cash, stocks, bonds, or bank accounts that meet or exceed
				the household's limit
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.3 - Types of Overpayments/Claims

Current through June 25, 2024
A. An Intentional
				Program Violation (IPV)
B. An
				Inadvertent Household Error (IHE)
C. An Agency Error (AE)
7 CFR §
				  271.16(c)(1)(2), 7 CFR § 273.18(b)(2)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.4 - Establishing SNAP Overpayments

Current through June 25, 2024
A. MDHS is
				responsible for establishing overpayments for all SNAP claims but must not
				include any amounts that occurred more than six years before the agency became
				aware of the overpayment.
B.
				Trafficking-related claims arise from trafficking-related offenses and will be
				the value of the trafficked benefits as determined by:
1. The individual's admission,
2. Adjudication; or
3. The documentation that forms the basis for
				the trafficking determination.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.5 - Imposing SNAP Disqualifications

Current through June 25, 2024
A. Clients found
				guilty of Intentional Program Violations (IPV) are ineligible to participate in
				SNAP.
B. When a client is found
				guilty of an Intentional Program Violation, MDHS must take the necessary steps
				to disqualify the recipient through the Electronic Disqualification Recipient
				System (EDRS).
C. The Benefit
				Recovery Unit will enter all SNAP disqualifications into EDRS along with
				supporting documentation for the disqualification. Penalties for Intentional
				Program Violations are below:
1. First
				Offense-12 Months
2. Second
				Offense-24 Months
3. Third
				Offense-Permanent
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.6 - Court Ordered Restitution Cases

Current through June 25, 2024
A. MDHS may collect
				on SNAP overpayments by utilizing the local courts to impose court orders and
				restitutions for Intentional Program Violations.
B. MDHS is responsible for collecting
				restitution payments from the local courts on court ordered SNAP
				overpayments.
C. Demand for
				repayment is not made on an individual that has been court ordered to make
				restitution. However, a repayment notice is sent to the responsible household
				member notifying the individual of the guilty decision and claim
				amount.
D. A court order which
				specifies restitution made through the court cannot be subject to agency
				enforced benefit reduction for failure to repay. If the individual who
				committed IPV fails to abide by the court order, the Benefit Recovery Unit will
				notify the Court of the individual's failure to repay in accordance with the
				Court Order.
E. The court may order
				repayment of less than the full amount of the overpayment. In cases such as
				this, MDHS will abide by the court order.
7 CFR §
											273.16(g)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.7 - Notification of SNAP Overpayments

Current through June 25, 2024
A. MDHS must
				develop and mail or otherwise deliver to the household written notification to
				begin collection action on any claim.
B. The agency is required to notify the
				household with a one-time notice of adverse action that may be included as part
				of the demand letter. The notice of adverse action must include the following
				components:
1. The amount of the
				claim.
2. The intent to collect
				from all adults in the household when the overpayment occurred.
3. The type (IPV, IHE, AE or similar
				language) and reason for the claim.
4. The time period associated with the
				claim.
5. How the claim was
				calculated.
6. The phone number to
				call for more information about the claim.
7. That, if the claim is not paid, it will be
				sent to other collection agencies, who will use various collection methods to
				collect the claim.
8. The
				opportunity to inspect and copy records related to the claim.
9. Unless the amount of the claim was
				established at a fair hearing, the opportunity for a fair hearing on the
				decision related to the claim. The household will have 90 days to request a
				fair hearing.
10. That the
				household can make a written agreement to repay the amount of the claim prior
				to it being referred for Federal collection action.
11. That, if not paid, the claim will be
				referred to the Federal government for federal collection action.
12. That, if the claim becomes delinquent,
				the household may be subject to additional processing charges.
13. That the State agency may reduce any part
				of the claim if the agency believes that the household is not able to repay the
				claim.
14. A due date or time frame
				to either repay or make arrangements to repay the claim, unless the State
				agency is to impose allotment reduction.
15. If an allotment reduction is to be
				imposed, a due date or time frame to either repay or make arrangements to repay
				the claim in the event that the household stops receiving benefits must be
				established.
16. If allotment
				reduction is to be imposed, the percentage to be used and the effective
				date.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.8 - Repayment Agreements for SNAP Overpayments

Current through June 25, 2024
A. Any
				repayment agreement for any claim must contain due dates or time frames for the
				periodic submission of payments.
B.
				The agreement must specify that the household will be subject to involuntary
				collection action(s) if payment is not received by the due date and the claim
				becomes delinquent.
7 CFR §
											273.18(e)(4)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.9 - Recovery of SNAP Overpayments

Current through June 25, 2024
A. MDHS may collect
				on a SNAP overpayment by:
1. Reducing benefits
				prior to issuance. This includes allotment reduction and offsets to restored
				benefits;
2. Reducing benefits
				after issuance. These are benefits from electronic benefit transfer (EBT)
				accounts;
3. Accepting cash or any
				of its generally accepted equivalents. These equivalents include check, money
				order, and credit or debit cards;
4. Conducting your own offsets and
				intercepts. This includes but is not limited to wage garnishments and
				intercepts of various State payments. These collections are considered "cash"
				for Food and Nutrition Service (FNS) claim accounting and reporting
				purposes;
5. Requiring the
				household to perform public service (This form of payment must be ordered by a
				court and specifically be in lieu of paying any claim), and/or
6. Participating in the Treasury collection
				programs
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.10 - Treasury Offset Program (TOP)

Current through June 25, 2024
MDHS must:
A. Refer
				to Treasury Offset Program (TOP) all recipient claims that are delinquent for
				120 or more days.
B. Certify that
				all of these claims to be referred to TOP are 120 days delinquent and legally
				enforceable.
C. Refer these claims
				in accordance with MDHS and the Department of the Treasury
				instructions.
D. Not refer claims
				to TOP:
1. When the agency becomes aware that
				the debtor is a member of a participating household that is having its
				allotment reduced to collect the claim; or
2. That fall into any other category
				designated by MDHS as non-referable to TOP.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.11 - Compromised and Terminated SNAP Overpayments

Current through June 25, 2024
A.
				MDHS does not compromise any SNAP debts.
B. MDHS will terminate a SNAP debt that meets
				the following criteria:
1. Has been paid in
				full, or
2. All adult household
				members are now deceased.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-1-2.12 - Bankruptcy

Current through June 25, 2024
A. SNAP Intentional Program Violations (IPV)
				debts are not dischargeable debts when filing for bankruptcy.
B. Once MDHS becomes aware that bankruptcy
				has been filed by a client with an outstanding SNAP overpayment, the Benefit
				Recovery Unit must:
1. Cease collection
				during the automatic stay,
2. File
				a Proof of Claim by the deadline required,
3. Notify the Attorney General Office of the
				bankruptcy case, and
4. Resume
				collections once automatic stay is no longer in effect.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.1 - Legal Basis

Current through June 25, 2024
A. The term
				improper payment is used when a Temporary Assistance for Needy Families
(
TANF) or a refugee individual receives assistance but was not
				entitled to all or part of the payment or services rendered.
B.
									Public Law
				104-193, the Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996, (PRWORA), requires that States promptly
				take all reasonable and practical steps to correct and collect all improper
				payments made through Temporary Assistance for Needy Families and TANF related
				programs regardless of whether the improper payments were due to willful or
				non-willful withholding of information or agency error.
C. There are no provisions for waiving
				adjustments due to the amount or age of the improper payment. However, MDHS
				will align all program types (SNAP, TANF, DECCD, etc.) to the Supplemental
				Nutrition Assistance Program (SNAP) statute of limitations; IPV and IHE, 6
				years from the date of discovery and AE, 12 months from the date of discovery.
				In addition, the Law does not require the pursuit of recovery of total
				overpayments of less than $125 on cases for a former recipient until such time
				that the client reapplies and becomes eligible again.
D. Recoupment can be made by reduction of
				benefits as well as by voluntary repayments
2019 MS Code
				  Ann. §
										43-17-5
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.2 - Reporting Requirements

Current through June 25, 2024
A. The policy for
				client's in the Temporary Assistance for Needy Families program will be aligned
				with the SNAP policy.
B. Effective
				January 1, 2018, Mississippi began the transition to Change Reporting for all
				households. Under Change Reporting requirements, all households must report the
				following changes within 10 days of the date the change becomes known to the
				household:
1. Residence and resulting shelter
				costs;
2. Legal child support
				obligation;
3. Change of more than
				$125 in unearned income;
4. Change
				of more than $125 in monthly earned income from the amount used to calculate
				the household's benefit amount;
5.
				Change in the source of income (example: change in employment), if it results
				in a change in income.
6. Change in
				liquid resources, such as cash, stocks, bonds, or bank accounts that meet or
				exceed the household's limit
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.3 - Types of Overpayments Payments

Current through June 25, 2024
A. Agency Errors,
				(AE)
B. Inadvertent Household
				Errors, (IHE)
C. A Suspected
				Intentional Program Violations, (SIPV)
1.
				SPIV claims less than $1,000 are referred to the Division of Administrative
				Hearings for an Administrative TANF Disqualification Hearing.
2. SIPV claims $1,000 and over are referred
				to the Division of Investigations for court prosecution.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.4 - Establishing TANF Overpayments

Current through June 25, 2024
MDHS is responsible for handling cases of improper payment
				  and for recovering amounts improperly paid.
A. Overpayments may be recovered from liquid
				assets, gross income, and the assistance grant. However, only gross income and
				the assistance grant will be used to establish the amount from which monthly
				recoupment from benefits can be made.
B. Recoupment by reduction of benefits is
				only possible when the client to whom overpayment was made remains eligible for
				assistance in the amount of $10 or more.
C. MDHS will recoup by reduction of benefits,
				the greater of $10 or 10% of TANF overpayments as a result of an Inadvertent
				Household (IHE) Error or Agency Error (AE). For TANF overpayments that were
				found guilty of an Intentional Program Violation (IPV), the recoupment amount
				will be 20%.
D. Federal regulations
				allow States not to pursue claims when it is not cost effective to establish
				and collect on them. If the employee determines the claim amount
is less
				than $125,
a claim will not be prepared. The threshold is applicable to
				all claim types involving an over issuance of benefits. If it is determined a
				claim is not required due to the threshold provision, the case should be
				documented that the amount of the claim is less than $125.
Miss. Code Ann.
				  §
										25-43-2.103
				  (Rev. 2021).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.5 - Statute of Limitations for Overpayments

Current through June 25, 2024
A. TANF
				overpayments will be calculated back to the month that the over issuance
				occurred, not to exceed more than
six (6) years
prior to the date
				that the over issuance was discovered.
B. Upon determination that a claim is
				required, the Benefit Recovery Unit must establish and complete Agency Error
				(AE) and Inadvertent Household Error (IHE) claims within six (6) months of
				discovery. Suspected Intentional Program Violation (SIPV) claims must be
				completed within 80 days of discovery.
C. Generally, the statute of limitations does
				not apply to the State on civil actions, in order to allow court action to
				recover amounts of assistance improperly obtained can be brought without regard
				to the time the fraudulent act was committed.
Miss. Code Ann.
				  §
										§
										25-43-2.103
				  (Rev. 2021).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.6 - Transfer of TANF Overpayments

Current through June 25, 2024
A. When the agency
				becomes aware that an individual responsible for repayment of an
unpaid
				claim balance
is participating in another TANF case, the Benefit
				Recovery Unit
MUST
be notified by the county office to transfer
				the claim to that active case.
B. A
				claim will only be transferred when there is a balance and payments are not
				being made.
Miss. Code Ann.
				  §
										25-43-2.103
				  (Rev. 2021).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.7 - Recovery of TANF Overpayments

Current through June 25, 2024
A. It is the
				responsibility of the Benefit Recovery Unit to make demands for the repayment
				of overpayments attributed to benefit errors within the agency.
B. The agency first must seek recovery from
				the primary party responsible for the overpayment. States are required to
				pursue collection of the overpayment from the TANF payee, provided that this
				individual was also a recipient (i.e., a member of the overpaid assistance
				unit). The agency must make all reasonable efforts to locate and collect the
				improper payment.
C. For closed
				TANF cases and reapplications, once the reapplication has been approved,
				recovery of overpayment must start on any outstanding claim balance.
D. When an overpayment occurs, the agency
				must take all reasonable steps necessary to promptly correct the benefit amount
				and recover the overpayment. Methods of overpayment recovery include:
1. Recoupment from open TANF
				case/grant,
2. Repayment
				agreement,
3. Lump sum payment,
				or
4. Court Order
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.8 - Responsible Persons for TANF Overpayments

Current through June 25, 2024
A. Using
				guidelines dictated by federal regulations and State law, the Benefit Recovery
				Unit has chosen to recover from only assistance group members who were
adult members (18 years of age or older)
at the time the
				overpayment occurred. Individuals who were children in the assistance group at
				the time of overpayment will not be liable.
B. The priority of recovery action against
				overpaid TANF recipients looks to the caretaker relative recipient first to
				recover the overpayment because that person is generally responsible for the
				overpayment. However, if the caretaker relative is unavailable due to death or
				disappearance, then the agency must seek recovery from other members of the
				debt, 18 years and older.
Miss. Code Ann.
				  §
										25-43-2.103
				  (Rev. 2021).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-1-3.9 - Disqualification of Intentional Program Violation Recipients

Current through June 25, 2024
The Benefit Recovery Unit is responsible for entering all
				  disqualifications into the agency's database system.
A. A TANF overpayment will be handled as an
				IPV
only
if an Administrative Disqualification Hearing or court of
				appropriate jurisdiction has found a household member guilty of IPV.
B. Additionally, a TANF overpayment will be
				handled as an IPV if an individual has signed a waiver of right of his/her
				Administrative Disqualification Hearing.
Miss. Code Ann. §
										25-43-2.105
				  (Rev. 2006).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-1-4.1 - Legal Basis

Current through June 25, 2024
A. The Mississippi
				Department of Human Services shall pursue recovery of any Division of Early
				Childhood Care and Development (DECCD) improper payments more than
				$1,000.00.
CCPP Rule
				  9.10(a)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-1-4.2 - Types of DECCD Overpayments

Current through June 25, 2024
A. An Agency Error,
				(AE)
B. An Unintentional Program
				Violation, (UPV), and
C. A
				Suspected Intentional Program Violation (IPV)
CCPP Rule
				  9.10(b) (1-3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-1-4.3 - Establishing DECCD Overpayments

Current through June 25, 2024
A. The Benefit
				Recovery Unit will receive overpayment referrals of AEs and UPVs from the
				Division of Early Childhood Development.
B. IPVs shall be handled through the Division
				of Investigations or the Division of Administrative Hearings. Once the
				Intentional Program Violation has been established, the decision will be
				forwarded to the Benefit Recovery Unit to begin recovery of the
				overpayment.
C. The Benefit
				Recovery Unit shall issue a Demand Letter to the provider or recipient within
				fourteen (14) business days of receiving the overpayment claim
				referral.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-1-4.4 - Recovery of DECCD Overpayments

Current through June 25, 2024
A. For all active
				providers, the Benefit Recovery Unit shall recover improper payments in the
				form of a recoupment, which is a reduction in Child Care Payment Program (CCPP)
				amounts to the childcare provider in subsequent months.
B. In the event the improper payment was due
				to the action of the parent, the recoupment amount will be added to the
				parent's copayment amount and is to be paid directly to the provider by the
				parent.
C. The recoupment amount
				will be set up as (1/12) of the total amount of the improper payment. This
				amount will be withheld from CCPP payments for a total of twelve (12) months,
				until the full amount of overpayment has been paid in full.
D. If the provider or parent no longer
				participates in the CCPP program, or if the Benefit Recovery Unit is unable to
				recoup payments, the Benefit Recovery Unit may enter into a repayment agreement
				with the provider or parent.
E.
				Other recovery methods of DECCD overpayments include:
1. Lump sum payment,
2. Intercept of unemployment
				compensation,
3. Court
				Order/Judgement,
4. Public service,
				and/or
5. Other collection actions
				such as state tax refunds, lottery offsets, wage garnishments, property liens,
				smalls claim court, and Treasury Offset Program.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-1-5.1 - Legal Basis

Current through June 25, 2024
A. The Mississippi
				Department of Human Services shall pursue recovery of any other agency
				programmatic division overpayments, in accordance with state and federal
				regulations.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-1-5.2 - Establishing Programmatic Division Overpayments

Current through June 25, 2024
A. The
				Benefit Recovery Unit will receive the overpayment claim referral from the
				appropriate programmatic division with MDHS.
B. The overpayment type will be determined
				and routed to the Division of Investigations or the Division of Administrative
				Hearings if found to be an Intentional Program Violation.
C. All other overpayment types will be
				handled by the Benefit Recovery Unit, who will issue a Demand Letter to the
				client, subgrantee, provider, etc. within fourteen (14) business days of
				receiving the overpayment claim referral.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-1-5.3 - Recovery of Programmatic Division Overpayments

Current through June 25, 2024
A.
				When an overpayment occurs, the agency must take all reasonable steps necessary
				to promptly correct the benefit amount and recover the overpayment. Methods of
				overpayment recovery may include but not limited to:
1. Recoupment from active/open
				case,
2. Repayment
				agreement,
3. Lump sum
				payment,
4. Court Order/Judgement,
				and/or
5. Other collection actions
				such as state tax refunds, lottery offsets, wage garnishments, property liens,
				smalls claim court, and Treasury Offset Program.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-I - Designation of the State Unit on Aging

Current through June 25, 2024
The State Plan on Aging is hereby submitted for the State of
				  Mississippi for the period October 1, 2010, through September 30, 2014. This
				  Plan includes all assurances and policy to be conducted by the Mississippi
				  Department of Human Services, Division of Aging and Adult Services, under the
				  provisions of the Older Americans Act of 1965, as amended, during the period
				  identified. The Division of Aging and Adult Services has been given the
				  authority to develop and administer the State Plan on Aging in accordance with
				  all requirements of the Act, and is primarily responsible for the coordination
				  of all state activities related to the purpose of the Act, i.e., to serve as an
				  effective and visible advocate for the elderly by reviewing and commenting upon
				  all State Plans, budgets, and policies which affect the elderly, to provide
				  technical assistance to any agency, organization, association, or individual
				  representing the needs of the elderly, and to develop comprehensive and
				  coordinated systems for the delivery of supportive services.
This Plan is hereby approved by the Governor and constitutes
				  authorization to proceed with activities under the Plan upon approval by the
				  Assistant Secretary for Aging.
This State Plan on Aging hereby submitted has been developed
				  in accordance with all Federal statutory and regulatory requirements and the
				  mandates of the Older Americans Act of 1965, as amended.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-II - EXECUTIVE SUMMARY

Current through June 25, 2024
The Older Americans Act of 1965, as amended (OAA),
				  administered by the U. S. Department of Health and Human Services,
				  Administration on Aging, under the direction of the Assistant Secretary for
				  Aging, requires the Governor of the State of Mississippi to designate a single
				  state agency to develop and administer a State Plan on Aging. The Division of
				  Aging and Adult Services under the umbrella of the Mississippi Department of
				  Human Services has been designated by the Governor as that agency and is
				  hereinafter referred to as the DAAS.
The DAAS, as the designated State Unit on Aging (SUA) for
				  Mississippi, is required to submit a State Plan on Aging in order to receive
				  its allocation of OAA funds to provide programs and services for individuals
				  sixty years of age and older.
The State Plan on Aging for Mississippi has been prepared as
				  required by the OAA.
* The State Plan will guide the DAAS' statewide activities
				  for older citizens during the period of October 1, 2010, through September 30,
				  2014, a period of four years.
* The State Plan provides a statewide vision and mission for
				  programs.
* The State Plan outlines Strategic Goals and Objectives to
				  implement Title III and Title VII requirements and any objectives established
				  by the Administration on Aging via the rule-making process.
* The State Plan describes how the DAAS will direct efforts
				  to improve: access for an integrated array of health and social supports;
				  traditional aging services; family care supports; and healthy lifestyles by
				  older Mississippians.
* The State Plan represents the DAAS' response for addressing
				  the long-term care, social, supportive, legal, protection, and other service
				  needs of elderly Mississippians.
* The Intrastate Funding Formula is the method of
				  distribution of Title III and Title VII funds to meet needs identified in each
				  Planning and Service Area.
* The budget pages describe the plan of use for Title III and
				  Title VII funds administered by the DAAS.
* The State Plan on Aging has been developed with the
				  assistance and advice of the Area Agencies on Aging and other organizations in
				  the State and has taken into consideration the views, opinions, concerns and
				  recommendations of older citizens, elected officials, and the general
				  public.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-V - AoA Discretionary Grants

Current through June 25, 2024
The Aging network has two Aging and Disability Resource
				  Centers (ADRC) with a third poised to become operational during federal fiscal
				  year 2011. The MDHS DAAS feels that the ADRCs are key to the future of service
				  delivery in the state; therefore much work has been completed to integrate
				  ADRCs into OAA core programs. The two ADRCs operate by incorporating all
				  aspects of the OAA core programs into their daily operations. Staff time is
				  built into program budgets. Training and guidance at the state level is
				  conducted by the Information Program Specialist.
The MDHS DAAS is working on Standard Operating Procedures
				  (SOP) with the primary goal of standardizing the options counseling delivery
				  policies and procedures and investing in staff training. Anticipated outcomes
				  in the implementation of a comprehensive set of standards for Mississippi's
				  ADRC include training on the set of comprehensive standards and policies and
				  tracking the delivery of options counseling to evaluate the effectiveness of
				  the standards.
The SOPs are in draft form under review by the MDHS DAAS
				  program staff. The reviews conducted by the program staff will ensure that all
				  aspects of service delivery are clearly defined. As soon as the internal review
				  is completed, the SOPs will be issued as policy for all ADRCs to follow. The
				  SOP staff review will be completed by February 15, 2011, and issued as policy
				  on or before March 1, 2011.
In addition to the ADRC program, the MDHS DAAS received the
				  Chronic Disease Self Management Program grant funded through the American
				  Recovery and Reinvestment Act (ARRA). The MDHS DAAS partnered with the
				  Mississippi State Department of Health to embed the chronic disease self
				  management program into the existing infrastructure of the Aging network. The
				  MDHS DAAS entered into an Agreement of Understanding with the Mississippi State
				  Department of Health (MSDH) in July 2010. The MDHS DAAS subgranted with the
				  Area Agencies on Aging in the state and partnered with the MSDH to train lay
				  leaders statewide to lead classes through MDHS DAAS' network of congregate meal
				  sites, senior centers and adult day cares and the MSDHs network of faith-based
				  organizations. The program is currently operating statewide.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-IX - Attachments › Attachment 18-2-1-IX-F - ORGANIZATIONAL CHART

Current through June 25, 2024
Mississippi Department of Human Services Division of
					 Aging and Adult Services
Click
					 Here To View Image