No. 31034 (Amendment): R986-400-406. Failure to Comply with the Requirements of an Employment Plan

DAR File No.: 31034
Filed: 02/29/2008, 03:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify Primary Care Network (PCN) policy.

Summary of the rule or change:

If a client applies for General Assistance but fails to obtain PCN, the client's case will be closed and the client will not be eligible until PCN or other coverage is obtained. This is true even if it is during a period where PCN enrollment is closed.

State statutory or constitutional authorization for this rule:

Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget and there are no costs associated with this rule. This rule change is how policy has been interpreted for some time.

local governments:

This is a state program and there are no costs or savings to local government.

small businesses and persons other than businesses:

This program has no impact on small businesses or persons other than businesses because there are no costs or fees associated with this change. This proposed change only applies to those individuals otherwise eligible for General Assistance benefits.

Compliance costs for affected persons:

There are no compliance costs to affected persons associated with these changes because there are no costs or fees associated with this change.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Kristen Cox, Executive Director

RULE TEXT

R986. Workforce Services, Employment Development.

R986-400. General Assistance and Working Toward Employment.

R986-400-406. Failure to Comply with the Requirements of an Employment Plan.

(1) If a client fails to comply with the requirements of the employment plan without reasonable cause, financial assistance will be terminated immediately. Reasonable cause under this section means the client was prevented from participating through no fault of his or her own or failed to participate for reasons that are reasonable and compelling and may include reasons like verified illness or extraordinary transportation problems.

(2) If a client's financial assistance has been terminated under this section, the client is not eligible for further assistance as follows:

(a) the first time financial assistance is terminated, the client must [reapply]resolve the reason for the termination and participate to the maximum extent possible in all of the required activities of the employment plan. The client does not need to reapply if he or she resolves the reason for termination by the end of the month following the termination;

(b) the second time financial assistance is terminated, the client will be ineligible for financial assistance for a minimum of one month and can only become eligible again upon completing a new application and participating to the maximum extent possible in the required employment activity; and

(c) the third and subsequent time financial assistance is terminated, the client will be ineligible for a minimum of six months and can only become eligible again upon completing a new application and actively participating in the required employment activity.

3. If a client has had his or her financial assistance terminated because the client did not enroll in PCN, the client will not be eligible for GA until the client enrolls in PCN or obtains other medical coverage. This is true even if the client cannot enroll in PCN because there is no open enrollment.

4. An application for GA will be denied if the applicant's employment plan requires the applicant to enroll in PCN but he or she fails to do so during the application period. However, if there is no open enrollment during the application period, the PCN requirement will be waived until the next open enrollment period.

 

KEY: general assistance, working toward employment

Date of Enactment or Last Substantive Amendment: [December 27, 2007]2008

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-401; 35A-3-402