Transcript PA_Noncoop_03_15_2011

Noncooperation
Be Careful What You Wish For
Introduction
Mark Vermeer – Kent County APA
Judy Golden – OCS Training Team
History
• Old System
• PA or SS working referral/CAR, recipient fails to
cooperate
• PA notifies SS
• SS notifies assistance worker at DHS
• DHS assistance worker may/may not take action
• When recipient agreed to cooperate, DHS
removed sanction
Federal Audit
• Recipients are not being sanctioned
• DHS faced severe financial penalties
• Solution: Bridges/MiCSES interface
New System
• The office experiencing noncooperation
processes the case
• PA determines noncooperation
• Noncoop sent to Bridges overnight
• Negative Action Notice goes out
• Recipient has 12 days to coop or automatically
is sanctioned by DHS
• Only PA can determine cooperation
• Cooperation sent to Bridges does not
automatically reinstate benefits
New vs Old
• Benefits
• Automatic sanctions that actually occur
• Drawbacks
• PA must hold CAR until cooperation occurs
• Creates file retention considerations
Noncooperation Basics
• Video
MiCSES and Noncooperation
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CASE
LPRO
LCSE
NOTE
Good Cause Summary
Noncooperation Principles
• Can only be used if you can not move forward
with your case
• Can not use sanction to punish
• Client misses two interviews
• Agency Complaint?
• Client misses genetic testing
• Show cause/bench warrant?
• Client overtly refuses to cooperate
• Does client have good cause?
Good Cause
• SS or PA may report claims of good cause to
DHS
• Good cause determinations are done by DHS
Cooperation Timelines
• If client cooperates within 12 days, benefits
can continue without delay or penalty
• If client cooperates after 12 days, minimum 30
day closure of FIP, CDC case closure
• Client must re-apply for benefits
• MA is reinstated the month of compliance if
group is active
• FAP reinstated the month after compliance,
one month penalty served
Administrative Hearing Process
• Recipient can object to sanctioning at any time
• Before 12 days
• After 12 days
• After objection is filed, within 15 days:
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The client must be contacted
Hearing request logged
Pre-hearing conference arranged
Hearing summary/Hearing request withdrawal
filed with SOAHR
Administrative Hearing Process
• Communication with DHS and PA critical
• Hearing Summary should include all
information to support noncoop determination
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Letters sent
Screen shots of address information
NOTE screen printouts
Business Objects QN-015
Administrative Hearing Process
• Pre-Hearing conference is held
• Goal is to resolve here
• Can be held in person, by phone, at PA, DHS or
elsewhere
• The recipient does not have to participate
• The recipient does not need to explain their
objection
• If cooperation occurs, DHS 18A must be sent to
DHS to cancel hearing
Administrative Hearing Process
• Hearing is held by Administrative Law Judge
(ALJ)
• Almost always via telephone
• Timely notice of hearing longstanding problem
• The ALJ may/may not allow additional
documents by fax
• The ALJ will rule on the merits and the order
must be implemented
• Appeal of decision – see handout
Conclusion and Discussion
• New system is far better
• Our job is to implement the new system to be
successful
• The word must get out that if you do not
cooperate with child support, you will be
sanctioned, and the sanctions will stick
• Contact your county DHS office to establish
communication before your first hearing process
is underway
Questions?