Mississippi Administrative Code

The Mississippi Vulnerable Adults Act provides that the following service may be provided by APS to vulnerable persons: 1. Investigation and determination if maltreatment has occurred (§ 43-47-7, §4347-9) 2. Provision of protective services in accordance with an Individual Servic…

Investigations shall be completed within 30 days of initiation. The timeline for investigation completion may be extended for up to 30 additional days with the approval of the caseworker's supervisor. The reason(s) for extension shall be documented in the case file. Cases that ha…

Review of cases by supervisors shall take place at significant junctures in the progress of cases. In all cases the review and approval of the supervisor shall be noted in the case file. Key junctures requiring supervisory review, approval and documentation are: 1. Initial intake…

In the case that the caseworker and the caseworker's supervisor have determined that the following conditions all exist: 1. That all reasonable efforts have been expended to secure the consent of a vulnerable person and those efforts have failed, and 2. That reasonable cause exis…

Mississippi and federal statutes provide for the confidentiality of the identity of individuals and information obtained as a result of an APS intervention. Confidentiality of information is important to protect the privacy of individuals, to encourage the reporting of abuse and …

A. The purpose of this policy is to establish the procedures and guidelines the Mississippi Department of Human Services (MDHS) will follow in order to effectively establish overpayments as a result of improper benefit payments within the programmatic divisions of this agency. B.…

A. MDHS consists of the following Programmatic Divisions:1. Economic Assistance Eligibility 2. Aging and Adult Services 3. Youth Services 4. Community Services 5. Child Support Enforcement 6. Early Childhood Care and Development 7. Workforce Development and Partnership Management…

Accused: This field is used to identify the person or persons accused of Suspected Intentional Program Violation (SIPV) and who may be found guilty of Intentional Program Violation (IPV). This should be the person that you feel deliberately failed to give correct or timely inform…

A. Supplemental Nutrition Assistance Program (SNAP) overpayments are State-administered federal debts. A recipient overpayment is the amount owed as a result of benefits that were overpaid or benefits that were trafficked. B. SNAP overpayments "are a Federal debt subject to this …

MDHS must: A. Refer to Treasury Offset Program (TOP) all recipient claims that are delinquent for 120 or more days. B. Certify that all of these claims to be referred to TOP are 120 days delinquent and legally enforceable. C. Refer these claims in accordance with MDHS and the Dep…

A. MDHS does not compromise any SNAP debts. B. MDHS will terminate a SNAP debt that meets the following criteria: 1. Has been paid in full, or 2. All adult household members are now deceased. Notes 18 Miss. Code. R. 27-2.11 7 CFR § 273.18(e)(8) Adopted 6/10/2022

A. SNAP Intentional Program Violations (IPV) debts are not dischargeable debts when filing for bankruptcy. B. Once MDHS becomes aware that bankruptcy has been filed by a client with an outstanding SNAP overpayment, the Benefit Recovery Unit must:1. Cease collection during the aut…

A. Effective January 1, 2018, Mississippi began the transition to Change Reporting for all households. Under Change Reporting requirements, all households must report the following changes within 10 days of the date the change becomes known to the household:1. Residence and resul…

A. An Intentional Program Violation (IPV) B. An Inadvertent Household Error (IHE) C. An Agency Error (AE) Notes 18 Miss. Code. R. 27-2.3 7 CFR § 271.16(c)(1)(2), 7 CFR §273.18(b)(2)(3) Adopted 6/10/2022

A. MDHS is responsible for establishing overpayments for all SNAP claims but must not include any amounts that occurred more than six years before the agency became aware of the overpayment. B. Trafficking-related claims arise from trafficking-related offenses and will be the val…

A. Clients found guilty of Intentional Program Violations (IPV) are ineligible to participate in SNAP. B. When a client is found guilty of an Intentional Program Violation, MDHS must take the necessary steps to disqualify the recipient through the Electronic Disqualification Reci…

A. MDHS may collect on SNAP overpayments by utilizing the local courts to impose court orders and restitutions for Intentional Program Violations. B. MDHS is responsible for collecting restitution payments from the local courts on court ordered SNAP overpayments. C. Demand for re…

A. MDHS must develop and mail or otherwise deliver to the household written notification to begin collection action on any claim. B. The agency is required to notify the household with a one-time notice of adverse action that may be included as part of the demand letter. The noti…

A. Any repayment agreement for any claim must contain due dates or time frames for the periodic submission of payments. B. The agreement must specify that the household will be subject to involuntary collection action(s) if payment is not received by the due date and the claim be…

A. MDHS may collect on a SNAP overpayment by:1. Reducing benefits prior to issuance. This includes allotment reduction and offsets to restored benefits; 2. Reducing benefits after issuance. These are benefits from electronic benefit transfer (EBT) accounts; 3. Accepting cash or a…

A. The term improper payment is used when a Temporary Assistance for Needy Families (TANF) or a refugee individual receives assistance but was not entitled to all or part of the payment or services rendered. B. Public Law 104-193, the Personal Responsibility and Work Opportunity …

A. The policy for client's in the Temporary Assistance for Needy Families program will be aligned with the SNAP policy. B. Effective January 1, 2018, Mississippi began the transition to Change Reporting for all households. Under Change Reporting requirements, all households must …

A. Agency Errors, (AE) B. Inadvertent Household Errors, (IHE) C. A Suspected Intentional Program Violations, (SIPV) 1. SPIV claims less than $1,000 are referred to the Division of Administrative Hearings for an Administrative TANF Disqualification Hearing. 2. SIPV claims $1,000 a…

MDHS is responsible for handling cases of improper payment and for recovering amounts improperly paid. A. Overpayments may be recovered from liquid assets, gross income, and the assistance grant. However, only gross income and the assistance grant will be used to establish the am…

A. TANF overpayments will be calculated back to the month that the over issuance occurred, not to exceed more than six (6) years prior to the date that the over issuance was discovered. B. Upon determination that a claim is required, the Benefit Recovery Unit must establish and c…

A. When the agency becomes aware that an individual responsible for repayment of an unpaid claim balance is participating in another TANF case, the Benefit Recovery Unit MUST be notified by the county office to transfer the claim to that active case. B. A claim will only be trans…

A. It is the responsibility of the Benefit Recovery Unit to make demands for the repayment of overpayments attributed to benefit errors within the agency. B. The agency first must seek recovery from the primary party responsible for the overpayment. States are required to pursue …

A. Using guidelines dictated by federal regulations and State law, the Benefit Recovery Unit has chosen to recover from only assistance group members who were adult members (18 years of age or older) at the time the overpayment occurred. Individuals who were children in the assis…

The Benefit Recovery Unit is responsible for entering all disqualifications into the agency's database system. A. A TANF overpayment will be handled as an IPV only if an Administrative Disqualification Hearing or court of appropriate jurisdiction has found a household member guil…

A. The Mississippi Department of Human Services shall pursue recovery of any Division of Early Childhood Care and Development (DECCD) improper payments more than $1,000.00. Notes 18 Miss. Code. R. 27-4.1 CCPP Rule 9.10(a) Adopted 6/10/2022

A. An Agency Error, (AE) B. An Unintentional Program Violation, (UPV), and C. A Suspected Intentional Program Violation (IPV) Notes 18 Miss. Code. R. 27-4.2 CCPP Rule 9.10(b) (1-3) Adopted 6/10/2022

A. The Benefit Recovery Unit will receive overpayment referrals of AEs and UPVs from the Division of Early Childhood Development. B. IPVs shall be handled through the Division of Investigations or the Division of Administrative Hearings. Once the Intentional Program Violation has…

A. For all active providers, the Benefit Recovery Unit shall recover improper payments in the form of a recoupment, which is a reduction in Child Care Payment Program (CCPP) amounts to the childcare provider in subsequent months. B. In the event the improper payment was due to th…

A. The Mississippi Department of Human Services shall pursue recovery of any other agency programmatic division overpayments, in accordance with state and federal regulations. Notes 18 Miss. Code. R. 27-5.1 Adopted 6/10/2022

A. The Benefit Recovery Unit will receive the overpayment claim referral from the appropriate programmatic division with MDHS. B. The overpayment type will be determined and routed to the Division of Investigations or the Division of Administrative Hearings if found to be an Inte…

A. When an overpayment occurs, the agency must take all reasonable steps necessary to promptly correct the benefit amount and recover the overpayment. Methods of overpayment recovery may include but not limited to: 1. Recoupment from active/open case, 2. Repayment agreement, 3. L…

CSBG is authorized by the Community Services Block Grant Act (under Title XXVI of the Omnibus Budget Reconciliation Act of 1981, as amended.) A. Statute- Sections of the CSBG Act are listed below as amended. The CSBG Act is codified the United States Code at: 49 U.S.C. 9901. B. R…

The purpose of CSBG is "To provide assistance to States and local communities, working through a network of community action agencies and other neighborhoodbased organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-…

The purpose of this manual is to provide program policy to clients, subgrantees and the public, in order to implement a range of services and activities having a measurable and potentially major impact on the causes of poverty in the State of Mississippi. This manual provides cle…

As a recipient of Federal financial assistance, MDHS and its subgrantees do not exclude, deny benefits to, or otherwise discriminate against any person on the basis of: race, color, gender, sexual orientation, national origin, disability, religion, political beliefs, or age; in a…

The Omnibus Budget Reconciliation Act of 1981 specifically makes grantees subject to certain provisions of the Federal Hatch Act. CSBG funds may not be used in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel, in…

The following summarizes the Organizational Structure for CSBG: A. MDHS as Lead Agency: MDHS is the designated State agency to receive funds and administer the program covered in this manual. MDHS assists the Division of Community Services (DCS) by providing support services in a…

CSBG must perform numerous federally mandated functions in order to remain compliant. MDHS enlists several partners through formal agreements to perform some of those functions. The following summarizes those roles A. Subgrantees/ Community Action Agencies (CAA): The community ac…

Click Here To View Image Notes 18 Miss. Code. R. 28-28.1 Miss Code Annotated 43-1-2. Adopted 9/18/2022

Priority Population is a designated population treated differently than the general population for eligibility and access purposes, in order to address a particular need of that population. Priority Populations include: A. Elderly- Individuals age 60 and over B. Disabled- Individ…

The Subgrantees/Community Action Agencies (CAAs) accept applications throughout the year. When funding is available, eligible families shall be served on a first-come, first-serve basis by date of application. When funding is not available, eligible families shall be added to the…

A. Applications are initiated through the Common Web Portal (CWP) for all first-time applicants. If an applicant was a previous household member in another case, but is now head of household, a new pre-application must be done. Pre-applications are web-based and may be submitted …