Mississippi Administrative Code

A live-in attendant should not be counted as a household member. The income of a live-in attendant will not count against an applicant applying for services when the live-in attendant is in the home solely for the applicant to be able to stay in their home. A. Documentation must …

Any employee, relative or persona] interest cases of employees or board members, may apply for and receive assistance. However, there are policies and procedures for taking and processing these applications. No preferential treatment shall be granted to these applicants. A. An em…

Applicants must verify eligibility through the submission of documents. When possible, MDHS and/or the subgrantee will access other documentary evidence in available data bases. However, proof of eligibility requirements is the applicant's responsibility. A document may serve to …

Applicant should sign the 'Authorization of Release of Information Form' (Form ARF-001) annually to authorize the energy vcndor(s) to release household energy usage and billing data to the subgrantee for purposes of reporting this data in the LIHEAP Performance Measures Report re…

A. Applicants should be seen by appointment. Appointments must be given on a first-come, first-served basis, except in the case of emergencies (as listed in Section 6.10) when subgrantees must comply with the 18-48 hour rule, or when a non-availability of funds waitlist opens up.…

Mississippi offers a year-round crisis assistance component of LIHEAP, entitled the Energy Crisis Intervention Program (ECIP), which provides assistance to low-income households who have encountered a crisis situation within the last 30 days. A. Life Threatening Crisis- Eligible …

A. Applicants should schedule an appointment for services. Walk-ins are discouraged unless in the case of emergencies. Emergencies must be verified by the applicant. B. An applicant shall not be denied an appointment because of inappropriate attire. Notes 18 Miss. Code. R. 24-6.2…

A. There are two types of client transfers: 1. Intra-agency transfers occur when a client's file is reassigned within an agency. The person with Virtual ROMA agency administration rights is able to make the reassignment internally without DCS intervention. 2. Inter-agency transfe…

LIHEAP subgrantees shall be Virtual ROMA compliant. This compliance includes, but is not limited to: A. Every user of the Virtual ROMA system must be registered upon authorization by the subgrantee Executive Director. B. Users must agree to the terms and conditions of the use of …

A. Subgrantees should pay the amount of the bill. Past due amounts, late fees and reconnect fees may be paid. B. Propane households should receive benefits in the amount of 100 gallons plus any applicable fees, per request up to the benefit matrix amount. C. Pre-pay account clien…

A. Reconnect fees or late fees resulting from a client's inability to pay can be paid from LIHEAP funds. The Subgrantee should advocate with energy vendors to ask for waivers of these fees. B. As part of the client's consumer education/energy conservation sessions, the case worke…

A. MDHS and its subgrantees are responsible for protecting the confidentiality of client information. B. Subgrantees must maintain client files under lock and key. C. Client appointments should be conducted in areas where the conversation cannot be overheard by others. D. Subgran…

A. The LIHEAP Act stipulates that households with the highest energy costs and needs receive the greatest benefit. LIHEAP benefits are paid based on household income, size of household, energy type, and main heating fuel source. LIHEAP benefits shall not exceed $1500 per program …

A. Elderly and disabled households on fixed incomes will be certified for one year if no other household members with earned income exist. B. Subgrantees shall send appointment notice to elderly and disabled households in December to be seen in January, because new Social Securit…

A. Subgrantees must secure vendor agreements from energy vendors who receive energy payments on behalf of clients. New vendor agreements must be obtained if terms change or by MDHS requirement. B. Vendor Agreements and W-9 forms from each vendor must be on file at the subgrantee'…

A. Vendor payments refunded to a subgrantee may occur as a result of a household moving, closing an account, other household circumstances, or instances of error or fraud. B. Accurate accounting of vendor refunds requires subgrantees and energy vendors to coordinate carefully. C.…

Subgrantees must make payments on client accounts to vendors within twenty (20) business days of application approval. Failure to comply will result in a DCS request for Program Integrity to conduct an additional monitoring visit which may result in questioned cost. Notes 18 Miss…

A. LIHEAP Household Report information collection is conducted in accordance with the Low-Income Home Energy Assistance Program (LIHEAP) statute (Public Law 97-35, as amended), and 45 CFR 96.82. Information received from this collection provides data to the Administration and Con…

The Mississippi Department of Human Services has a zero tolerance for the commission or concealment of acts of waste, fraud and abuse. Allegations of such acts will be investigated and pursued to their logical conclusion, including legal action when warranted. A. Waste involves t…

According to Mississippi Code Section 25-9-173, et seq. an employer can not dismiss or otherwise adversely affect the compensation or employment status of an employee who testifies or provides information to an investigative body. Notes 18 Miss. Code. R. 24-8.11 Miss. Code Ann. §…

A. LIHEAP funds may not be used to pay for any criminal acts punishable with fines, fees, penalties, and/or imprisonment. An application that is submitted for a bill which explicitly states that part of the bill is inclusive of an illegal activity such as tampering and other thef…

The Mississippi Department of Human Services (MDHS) is required to monitor the activities of its subgrantees by following the Single Audit Act Amendments of 1996, the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organiz…

A. A fair hearing is available for any applicant or recipient upon written request. A fair hearing provides an opportunity for a more formal review by the subgrantee's Board of Directors concerning the point(s) of dissatisfaction. If the applicant or recipient is still dissatisfi…

DCS receives client complaints and concerns from the MDHS Constituent Services unit, and phone calls from clients or other individuals. Subgrantees should follow these steps when responding to DCS: A. DCS will email the client complaint/concern form to the subgrantee's Executive …

The purposes of the LIHEAP Household Report is to report the number of households assisted with current federal fiscal year funds and those LIHEAP funds obligated in the prior federal fiscal year, but not expended until the current federal fiscal year.___This information collecti…

The annual assessment is part of an effort by HHS to ensure that effective preventive controls, fraud detection, monitoring, and prosecution systems exist at all levels of the program's administration to prevent improper payments, fraud, waste or abuse. Subgrantees must specifica…

The Office of Community Services (OCS) is required by the LIHEAP statute to report to Congress on program impacts annually, to develop performance goals, to ensure that benefits are targeted to those households with the greatest home energy need, and to assure that timely resourc…

The State of Mississippi shall submit LIHEAP Leveraging Report. Subgrantees are required to report annually on leveraged resources/benefits received to further assist low-income households with energy-related services. Examples of leveraged resources/benefits include but are not …

Subgrantees are required to submit Monthly Cost Sheets to show expenditures by cost category and line items. These forms must be submitted to the Division of Budgets and Accounting, Office of Procurement Services. Notes 18 Miss. Code. R. 24-8.7 Miss. Code Ann. § 43-1-2(4); Miss. …

Please see the -MDHS Subgrant/ Agreement Manual' found at www.mdhs.ms.gov/subgrantee-manual/ for closeout policy. Notes 18 Miss. Code. R. 24-8.8 Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: May 2022 Adopted 3/24/2021 Amended 9/15/2022

A. Applications and supporting documentation for applicants must be kept in individual case files. Case files must be filed in alphabetical order according to last name. They should always be maintained under lock and key, and housed in the local county of residence of the client…

The mission of the Adult Protective Services (APS) program is to protect vulnerable persons whose safety and protection may be adversely affected by abuse, neglect, self-neglect or exploitation; raise public awareness; and educate mandated reporters of their reporting responsibil…

During the course of conducting an investigation or monitoring an Individual Services Plan, APS personnel will facilitate the MDHS Gen+ program and will document actions taken to introduce the Gen+ program in the files of the investigation or case. Notes 18 Miss. Code. R. 25-1.10…

The Mississippi Vulnerable Persons Act defines the following terms. Whenever these terms are used they will be used as intended in the Mississippi Vulnerable Persons Act. A) "Abuse" means the commission of a willful act, or the willful omission of the performance of a duty, which…

In addition to the terms defined in the Mississippi Vulnerable Persons Act, APS personnel will encounter other terms that are commonly used in the course of providing APS services. Terms not defined in the law will be given their normal meaning as used in the practice of social w…

The Division of Adult Protective Services (APS) responds to reports of abuse (including sexual abuse) neglect and exploitation of vulnerable persons in the State of Mississippi (§ 43-47-7). Notes 18 Miss. Code. R. 25-1.4 Miss. Code Ann. § 43-47-5 (Rev. 2018). Adopted 3/2/2019…

Any person in Mississippi who meets the criteria for being a vulnerable person as defined in § 43-47-5(q) is eligible for services provided by Adult Protective Services. The definition of vulnerable person is also found in Policy 1.2 (q). Notes 18 Miss. Code. R. 25-1.5 Miss. Code…

It is the policy of Adult Protective Services to work cooperatively with other agencies and community partners. The staff and physicians of local health departments, mental health clinics and other public and private agencies are required by § 43-47-9 to cooperate fully with Adul…

The Department of Human Services (DHS) maintains in-house legal counsel with expertise in the subject matter of Adult Protective Services. The vendor will report to MDHS State Office, Aging and Adult Services, Adult Protective Services staff for any and all interpretation of poli…

Designated APS personnel shall have the authority to access alleged victims of maltreatment for the purposes of carrying out the responsibilities set forth in the Mississippi Vulnerable Persons Act, specifically § 43-47-9. Additionally, as provided in § 43-47-9, when the caretake…

Designated APS personnel shall have timely access to documents that will enable them to carry out the investigation of alleged maltreatment of a vulnerable person as described in § 43-47-9 of the Act and for purposes of providing protection for the alleged victim. Documents may b…

Whenever APS personnel may have or be perceived to have a close relationship with either the alleged victim of maltreatment, the caretaker, or the reporter of alleged maltreatment, the potential for conflict of interest exists. The existence of either real or perceived conflict o…

APS personnel shall not take unfair advantage of their relationship with the client in a way that would exploit the client to advance the personal, religious, political or business interests of the APS personnel. To that end, APS personnel shall not engage in dual or multiple rel…

APS shall establish minimum criteria for suitability for all personnel positions and subgrantees. Notes 18 Miss. Code. R. 25-2.4 Miss. Code Ann. §43-45-1-31 (Rev. 2013). Adopted 3/2/2019

APS shall establish a procedure for the handling and disposition of complaints regarding the handling and disposition of cases as well as for handling complaints about APS personnel. Notes 18 Miss. Code. R. 25-2.5 Miss. Code Ann. §43-45-1-31 (Rev. 2013). Adopted 3/2/2019

APS shall develop a procedure addressing the initial hiring of caseworkers. This procedure shall stipulate the minimum desired qualification for newly hired caseworkers, including education, prior training and experience. Notes 18 Miss. Code. R. 25-2.6 Miss. Code Ann. §43-45-1-31…

Caseworkers and supervisors in APS upon hire shall receive training on topics including the Mississippi Vulnerable Persons Act, policies of APS and procedures of APS as soon as practical after immediate hiring. Caseworkers shall not perform home visits until they have completed t…