22VAC40-630 Disability Advocacy Project

REGULATIONS

Vol. 25 Iss. 20 - June 08, 2009

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Chapter 630

Proposed Regulation

Title of Regulation: 22VAC40-630. Disability Advocacy Project (repealing 22VAC40-630-10 through 22VAC40-630-50).

Statutory Authority: §§ 63.2-217 and 63.2-802 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on August 7, 2009.

Agency Contact: Mark L. Golden, TANF Program Manager, Department of Social Services, Division of Benefit Programs, 7 North 8th Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Basis: Pursuant to § 63.2-217 of the Code of Virginia, the State Board of Social Services has authority to promulgate rules and regulations necessary for the operation of all assistance programs. Section 63.2-803 of the Code of Virginia provides for the establishment of an advocacy project for recipients of General Relief.

Purpose: General Relief is a program that provides assistance to individuals that are not eligible for other forms of assistance. General Relief is an optional program at the local level. The regulation provides for procedures for referring recipients to legal representation during an appeal of a SSI disability determination process and providing information on how the appeal may affect their General Relief benefits. The agency will advise recipients that they have five days from the receipt of a letter from the Social Security agency to contact the social services agency requesting advocacy services. Since the provisions of this regulation will be contained in 22VAC40-411, General Relief Program, the welfare of citizens will not be impacted. This regulatory action promotes a more efficient administration of state and local government.

Substance: This regulation will be repealed. A new comprehensive General Relief regulation will be established. Any necessary language from this regulation will be included in the new comprehensive regulation.

Issues: The Disability Advocacy regulation will be an advantage to the vulnerable and disadvantaged population who cannot receive assistance in other programs. General Relief is often the only means to support those individuals. Legal representation will provide information and support to these individuals regarding the SSI appeal process and provide an explanation of how receiving SSI will affect their General Relief benefits. The regulatory action poses no disadvantages to the public or the Commonwealth. It promotes a more efficient state and local government.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (Board) proposes to repeal its regulations for the General Relief Disability Advocacy Project.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Currently, the Board has several sets of regulations, including the General Relief Disability Advocacy Project, which allow localities the option of providing assistance to individuals who do not qualify for more regular types (food stamps, Temporary Assistance for Needy Families, Medicaid, etc) of Social Services aid. The Disability Advocacy Project, for instance, provides legal assistance referrals for individuals whose Social Security Income (SSI) disability claims have been denied and who are going through the appeals process.

The Board is in the process of promulgating one, comprehensive, set of regulations to cover the disparate aid programs, including the Disability Advocacy Project, which local Departments of Social Services can optionally implement. The repeal of all affected separate regulations except those for the General Relief Disability Advocacy Project was proposed as part of that regulatory package (22VAC40-411, stage # 4564). The Board now proposes to repeal the Disability Advocacy Project because these regulations will now be redundant and unnecessary. Because the rules for the Disability Advocacy Project will not be changed (they will just be moved to the comprehensive regulation), affected individuals are unlikely to incur any costs on account of this regulatory proposal. Local Departments of Social Services will likely find it beneficial to have all the rules for these smaller optional programs in one set of regulations.

Businesses and Entities Affected. This proposed regulatory action will affect all local Departments of Social Services (LDSS) that choose to implement this optional program. Currently, 83 LDSS provide Disability Advocacy Project assistance.

Localities Particularly Affected. This proposed regulatory action will particularly affect LDSS that choose to implement the Disability Advocacy Project.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

General Relief is a program that provides assistance to individuals who are not eligible for other forms of assistance and is an optional program at the local level. The regulation provides procedures for referring recipients to legal representation during an appeal of a Supplemental Security Income (SSI) disability determination process and providing information on how the appeal may affect their General Relief benefits. This regulation is repealed and its provisions will be included in a new comprehensive General Relief Program regulation (22VAC40-411).

VA.R. Doc. No. R08-1278; Filed May 13, 2009, 4:03 p.m.