reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-J - Resident Councils

Current through June 25, 2024
All ombudsman are required to attend three resident councils,
				  if invited, during the federal fiscal year (Oct 1st-Sept. 30th). If there is a
				  set schedule with the facilities and the resident council meetings, it should
				  be provided to the State Ombudsman so as to give opportunity for the Office to
				  attend. Notification should also be given to the State Ombudsman if there is no
				  existence of any resident councils at one or more facilities. If there are no
				  active resident councils in the participating districts, they should be
				  strongly encouraged by the Ombudsman. The Ombudsman may offer assistance and
				  encouragement to the residents and the facility in developing an active
				  resident council. The Ombudsman shall make his or her best effort to attend any
				  resident council meetings to which the LTCO has been invited.
Document every participation at a resident council at each
				  long-term care facility in WellSky as "Work with resident councils" under
				  Program Activities, including the facility name, number of contacts, time
				  spent, travel time and other NORS required fields. Any notable event should be
				  included in the activity comment section. If complaints are made, then a case
				  should be opened as well. If more than one Ombudsman attends a meeting, it
				  should only be counted as one activity for NORS reporting.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-K - Family Councils

Current through June 25, 2024
All ombudsman are required to attend three family councils,
				  if invited, during the federal fiscal year (Oct 1st-Sept. 30th). If there is a
				  set schedule with the facilities and the family council meetings, it should be
				  provided to the State Ombudsman so as to give opportunity for the Office to
				  attend. Notification should also be given to the State Ombudsman if there is no
				  existence of any family councils at one or more facilities. If there are no
				  active family councils in the participating districts, they should be strongly
				  encouraged by the Ombudsman. The LTCO should contact the leadership person of
				  the active family council and offer to attend their meetings and offer any
				  appropriate resources. The LTCO should also provide topics it is prepared to
				  present if requested.
Document every participation at a family council at each
				  long-term care facility in WellSky as "Work with family council" under Program
				  Activities, including the facility name, number of contacts, time spent, travel
				  time and other NORS required fields. Any notable event should be included in
				  the activity comment section. If complaints are made, then a case should be
				  opened as well. If more than one Ombudsman attends a meeting, it should only be
				  counted as one activity for NORS reporting.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-L - Media and Monitoring Law And Regulations Media

Current through June 25, 2024
Representatives of the Office should keep the State Long-Term
				  Care Facilities Ombudsman informed about local media events. Document every
				  interview and/or press release at each long-term care facility in WellSky as
				  "Work with Media (Press Release)" under Program Activities, including the
				  facility name, consultation topic, time spent, travel time and other NORS
				  required fields. Activity Comments are also strongly encouraged as to provide
				  more detail.
The consultation topics include:
* Adult Protections
* Advance Directives
* Aging
* Behaviors
* Communications
* Community Services
* Complaint Process
* Developmentally Disabled
* Elderly Abuse
* Family
* Legal
* Long-term Care
* Medicaid
* Medicare
* Mental Health
* Ombudsman Services
Monitoring/work on laws and
				  regulations
Document in WellSky as "Monitoring/work on laws, regulations"
				  under Program Activities for contact with the Health Department regarding
				  making a complaint/referral and reviewing survey results. One must include the
				  facility name, number of contacts (if applicable), time spent, and other NORS
				  required fields. Activity Comments are highly recommended. A single press
				  release given to multiple outlets counts as one press release for NORS
				  reporting.
This section relates to time spent working with other
				  agencies and individuals, both inside and outside of government, on laws,
				  regulations, policies and actions to improve the health, welfare, safety and
				  rights of long-term care residents. The Ombudsman program should assure that
				  the interests of residents are represented to governmental agencies and
				  policy-makers. Examples of issues advocacy activities include:
* Educating advocacy groups, governmental agencies, and
				  policy-makers regarding the impact of laws, policies, or practices on long-term
				  care residents;
* Seeking modifications of laws, regulations, and other
				  government policies and actions, pertaining to the rights and well-being of
				  residents;
* Facilitating the ability of the public to comment on such
				  laws, regulations, policies and actions;
* Participating in a task force to study a long-term care
				  issue and recommend solutions;
* Participating in a public hearing relating to a long-term
				  care issue; and
* Providing information on a proposed law, regulation, or
				  other public policy change related to long-term care.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-N - Volunteers

Current through June 25, 2024
The Long-Term Care Ombudsman Program must utilize volunteers
				  in order to maximize its resources to benefit residents. The State Ombudsman
				  shall provide resources and technical support to assist each district LTCOP to
				  develop a volunteer program. The SLTCO shall provide the curriculum and
				  supervision of training provided by the district LTCO to volunteers. The SLTCO
				  shall administer a written examination for volunteers who seek to be
				  designated. A volunteer who is not designated shall be known as a "Friendly
				  Visitor" and shall not be allowed to process complaints. Instead they must
				  refer a complaint to a designated LTCO staff person for investigation. They may
				  under the direct supervision of a LTCO staff person perform specific limited
				  functions to assist the LTCO process a complaint. Failure to follow the
				  direction of the LTCO staff person may be grounds for dismissal from the
				  volunteer duties by the State Ombudsman. All volunteers must adhere to the laws
				  and policies regarding confidentiality of information provided to the
				  LTCOP.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-O - Pre-Survey Information

Current through June 25, 2024
The SLTCO shall exercise every prudent means of protecting
				  the confidentiality of the survey schedule and shall not disclose the scheduled
				  date of any survey to anyone outside of the LTCOP. All LTCO staff and
				  volunteers shall exercise caution, especially during telephone calls, facility
				  visits and conversations which might lead to sharing schedule-related
				  information. Information about survey schedules shall:
1) Not be taken into facilities
2) Be filed and stored out of sight, not
				exposed on desktops;
3) Be
				delivered to authorized persons in person or in a protected manner, such as
				secure email, and
4) Not be stored
				in labeled folders on desktops, work tables, bookcases or unsecured
				files.
LTCOs may share additional appropriate information with the
				  surveyors as requested.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-P - Advisory Council

Current through June 25, 2024
The Advisory Council membership should be composed of persons
				  concerned about the quality of care in LTC facilities and in protecting the
				  rights of LTC residents. Advisory Council members should include
				  representatives of service agencies within the aging network, community
				  organizations, and consumers.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-Q - Fiscal Management

Current through June 25, 2024
Funds for Title III programs are distributed based on a
				  state's proportionate share of either the age 60 or older population or, in the
				  case of caregiver support programs, the age 70 or older population. Each state
				  then has its own formula for allocating OAA funding to area agencies on aging
				  which enables the delivery of services to local areas. Title VII funds are
				  allocated based on the state's proportion of residents age 60 and older. The
				  State Ombudsman determines the use of the fiscal resources appropriated or
				  otherwise available for the operation of the Office.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 1 - General Overview › Rule 18-27-1.1 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 1 - General Overview › Rule 18-27-1.2 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.1 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.2 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.3 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.4 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.5 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.6 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.7 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.8 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.9 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.10 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.11 - 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 27 - Benefit Recovery › Chapter 2 - Supplemental Nutrition Assistance Program Overpayments › Rule 18-27-2.12 - 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 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.1 - 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 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.2 - 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 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.3 - 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 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.4 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.5 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.6 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.7 - 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 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.8 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 3 - Temporary Assistance for Needy Families Overpayments › Rule 18-27-3.9 - 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.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 27 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-27-4.1 - 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 27 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-27-4.2 - 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 27 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-27-4.3 - 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 27 - Benefit Recovery › Chapter 4 - Division of Early Childhood Care and Development Overpayments › Rule 18-27-4.4 - 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 27 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-27-5.1 - 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 27 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-27-5.2 - 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 27 - Benefit Recovery › Chapter 5 - Other Programmatic Division Overpayments › Rule 18-27-5.3 - 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 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.1 - Legal Authority

Current through June 25, 2024
CSBG is authorized by the Community Services Block Grant Act
				  (under Title XXVI of the Omnibus Budget Reconciliation Act of 1981, as
				  amended.)
A. Statute- Sections of the
				CSBG Act are listed below as amended. The CSBG Act is codified the United
				States Code at: 49 U.S.C. 9901.
B.
				Regulations- The HHS regulations for the CSBG Act are found in Title 45 (Public
				Welfare) of the Code of Federal Regulations, Part 96 (Block Grants).
45 CFR 98;
				  Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.2 - Program Purpose

Current through June 25, 2024
The purpose of CSBG is "To provide assistance to States and
				  local communities, working through a network of community action agencies and
				  other neighborhoodbased organizations, for the reduction of poverty, the
				  revitalization of low-income communities, and the empowerment of low-income
				  families and individuals in rural and urban areas to become fully
				  self-sufficient." The CSBG Act mandates certain aspects of how state CSBG
				  offices will operate in carrying out their defined roles as administrators of
				  CSBG but leaves significant authority and flexibility in the hands of the
				  states. This responsibility, which is fulfilled by each state individually, can
				  more easily be met when the state establishes clear policies and procedures for
				  implementation of the Act.
A. CSBG is
				offered in each of the 82 counties in Mississippi, pending the availability of
				funds. Income eligibility is set at or below 125% of the federal poverty
				guidelines. Client income eligibility will be updated annually as the federal
				poverty guidelines are revised and released.
B. Subgrantees are required to refer
				households to internal agency programs and other local/state programs to meet
				the needs of the household.
C.
				Program Operation Dates: January - December
D. The State allocates ninety (90) percent of
				the total state allocation for program cost. Five (5) percent is allocated for
				discretionary funding which includes training and technical assistance. The
				remaining five (5) percent is used for state administrative cost.
				Administrative cost refers to the cost of central executive functions that do
				not directly support a specific project or service. They are incurred for
				common objectives that benefit multiple programs administered by the
				organization and are not readily assignable to a particular funding
				stream.
Miss. Code
				  Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.3 - Manual Purpose

Current through June 25, 2024
The purpose of this manual is to provide program policy to
				  clients, subgrantees and the public, in order to implement a range of services
				  and activities having a measurable and potentially major impact on the causes
				  of poverty in the State of Mississippi. This manual provides clear policies for
				  implementing CSBG. Subgrantees must comply with the rules and guidelines set
				  forth in this manual, and all applicable Federal and State laws, policies and
				  procedures.
MDHS reserves the right to alter any policy during
				  emergencies such as: natural disasters, pandemics, or other circumstances
				  deemed appropriate by the DCS Director or the MDHS Executive Director.
Any questions regarding this policy should be submitted in
				  writing to:
Mississippi Department of Human Services
Director, Division of Community Services
200 South Lamar Street
Jackson, Mississippi 39201
45 CFR
				  98.10; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.4 - Non- Discrimination Statement

Current through June 25, 2024
As a recipient of Federal financial assistance, MDHS and its
				  subgrantees do not exclude, deny benefits to, or otherwise discriminate against
				  any person on the basis of: race, color, gender, sexual orientation, national
				  origin, disability, religion, political beliefs, or age; in admission to
				  participation in, or receipt of the services and benefits under any of its
				  programs and activities, whether carried out by MDHS and/or its subgrantees
				  directly or through a contractor or any other entity with which MDHS and/or its
				  subgrantees arranges to carry out its programs and activities. This statement
				  is in accordance with the provisions of Title VI of the Civil Rights Act of
				  1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act
				  of 1975, and Regulations of the U.S. Department of Health and Human Services
				  issued pursuant to these statutes at Title 45 Code of Federal Regulations Parts
				  80, 84, and 91.
45 CFR
				  98.10; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.5 - Hatch Act

Current through June 25, 2024
The Omnibus Budget Reconciliation Act of 1981 specifically
				  makes grantees subject to certain provisions of the Federal Hatch Act. CSBG
				  funds may not be used in a manner involving the use of program funds, the
				  provision of services, or the employment or assignment of personnel, in a
				  manner supporting or resulting in the identification of such programs
				  with:
1. Any partisan or nonpartisan
				political activity or any political activity associated with a candidate, or
				contending faction or group, in an election for public or party
				office;
2. Any activity to provide
				voters or prospective voters with transportation to the polls or similar
				assistance in connection with any such election; or
3. Any voter registration activity.
45 CFR
				  98.10; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 1 - Introduction › Rule 18-28-1.6 - Organizational Structure of CSBG

Current through June 25, 2024
The following summarizes the Organizational Structure for
				  CSBG:
A. MDHS as Lead Agency:
MDHS is the designated State agency to receive funds and
				  administer the program covered in this manual. MDHS assists the Division of
				  Community Services (DCS) by providing support services in a timely manner that
				  is consistent with program goals, objectives and guidelines. MDHS awards CSBG
				  subgrants based on the receipt of the Federal Notice of Award for CSBG, and the
				  timely receipt and approval of subgrants for funding. MDHS is responsible for
				  monitoring and evaluating the program performance of subgrants.
B. Division of Community Services
				(DCS):
The Division of Community Services provides the necessary
				  interface between the subgrantee and other divisions of MDHS. Responsibilities
				  include, but are not limited to:
1)
				Administering the program in accordance with all applicable federal and state
				rules, regulations and guidelines;
2) Informing the public of program rules,
				regulations, and guidelines through public hearings, announcements and
				publications;
3) Establishing
				criteria and processing applications for funding from subgrantees to implement
				programs;
4) Monitoring
				subgrantees' spending levels and processing claims requests to ensure
				compliance with Federal, State, and MDHS guidelines;
5) Reviewing subgrantees' applications for
				funding to ensure compliance with federal, state and MDHS guidelines;
6) Providing training and technical
				assistance to subgrantees;
7)
				Keeping subgrantees informed of changes in Federal, State and MDHS regulations
				and guidelines;
8) Providing
				responses to clients regarding inquiries concerning programs;
9) Preparing annual State Plan applications
				to receive the federal funds;
10)
				Collecting and disseminating information to appropriate funding sources and
				others as deemed necessary; and
11)
				Serving as a liaison between county, state, and federal agencies in regard to
				program implementation.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 3 - Priority Populations › Rule 18-28-3.1 - Priority Populations

Current through June 25, 2024
Priority Population is a designated population treated
				  differently than the general population for eligibility and access purposes, in
				  order to address a particular need of that population. Priority Populations
				  include:
A. Elderly- Individuals age
				60 and over
B. Disabled-
				Individuals who have been determined disabled by authority- SS/SSI
C. Children five (5) years of age and
				under
45 CFR
				  98.46; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2022