18 Miss. Code. R. 14-11.2 - MDHS Responsibilities
A. MDHS must
register all non-exempt household members for work.
1. Applicants must be allowed to complete a
work registration form for each household member required to register for
employment.
2. MDHS may also
document in the case record that all applicable household members have
registered for employment.
B. During the certification process, MDHS
must provide a written notice and an oral explanation of the applicable work
requirements for all household members and identify which requirements apply to
the respective/appropriate household members.
C. Such notice and explanation must also be
provided when an exempt household member or a new household member becomes
subject to the work requirements, and at recertification.
D. The notice must include the following:
1. An explanation of each work
requirement;
2. A list of the
individuals who are subject to which work requirements;
3. The exemptions to the work
requirements;
4. The steps to
request an exemption;
5. The rights
and responsibilities of each work requirement;
6. The requirements to maintain eligibility
under the applicable work requirements;
7. What actions are needed to remain in
compliance;
8. The consequences for
failing to comply; and
9. The steps
to initiate a good cause request.
E. If a person is subject to a mandatory
E&T program, the notice must explain the right to receive reimbursements
for allowable expenses related to E&T participation up to the state
cap.
F. If a person is subject to a
mandatory E&T program, MDHS must exempt such participation when an
individual's allowable expenses exceed what MDHS will reimburse.
G. MDHS is responsible for screening every
work registrant to determine whether the individual should be referred to an
E&T program.
H. E&T
participants must receive both case management services and at least one
E&T component while participating in E&T.
I. MDHS must determine the order in which a
participant will receive the elements of an E&T program.
J. MDHS must explain to participants the next
steps for accessing the E&T program. If there is not an appropriate and
available opening in an E&T program, MDHS must determine the participant
has good cause for failure to comply with the mandatory E&T
requirement.
K. MDHS may, with
approval by FNS, use intake and sanction systems that are compatible with the
TANF Work Program. It must be proposed and explained in the State E&T
Plan.
L. A notice of adverse action
must be issued within 10 days after learning of the individual's noncompliance
was without good cause. See
Rule
12.6 Ineligibility for Failure to
Comply.
1. If an
individual complies prior to the end of the advance notice period, MDHS must
cancel the adverse action.
2. If
MDHS must issue the notice of adverse action when non-compliance with the
E&T program is identified.
M. MDHS must design and operate an E&T
program that consists of case management services and at least one or more, or
a combination of, employment and/or training components.
N. MDHS must design its E&T program in
consultation with the State workforce development board. Moreover, each
component of the E&T program must be delivered through its statewide
workforce development system, unless the component is not available locally
through that system.
O. MDHS must
ensure as much as possible that E&T programs are provided for Indians
living on reservations.
P. If a
benefit overissuance is discovered for a month(s) that a mandatory E&T
participant has already fulfilled a work component requirement, MDHS must apply
the claim recovery procedures as listed below:
1. If an individual is still subject to a
work obligation, MDHS must determine how many extra hours were worked because
of the improper benefit and give the participant credit for those extra hours
toward future work obligations.
2.
If the workfare or work component requirement does not continue, then MDHS must
determine whether the overissuance occurred due to an intentional program
violation, an inadvertent household error or an agency error.
Q. MDHS must conduct an
effective and efficient E&T program or face possible injunctive relief
and/or suspension of administrative funds.
R. MDHS must ensure that E&T providers
understand their duty to determine if an individual is ill suited for a
particular E&T component. See
Rule
14.14 E&T Provider
Determinations.
S. MDHS must annually submit an E&T Plan
to its appropriate FNS Regional Office no later than 45 days before the start
of the Federal fiscal year.
T.
MDHS must submit required reports regarding work requirements to
FNS.
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