HAR §17-655-56
HAR §17-655-56. Exchange of information
Cite as Haw. Code R. § 17-655-56
(a) The
department shall, subject to formal exchange
agreements, exchange information about a family's
circumstances which may be of use in establishing or
verifying eligibility or amount of assistance among the
financial assistance and food stamp programs and with
state agencies administering certain other programs in
the IEVS, including agencies in other states when the
same objectives are likely to be met. The other
programs are:
(1) Aid to families with dependent children;
(2) Medicaid;
(3) Unemployment compensation;
(4) Any state program administered under a plan
approved under Title I, X, XIV (adult
categories);
(5) Title XVI of the Social Security Act (SSI
program);
(6) Food stamp;
(7) Title IVD of the Social Security Act (child
support program); and
(8) Title II of the Social Security Act (federal
old age, survivors, and disability insurance
benefits).
(b) Prior to requesting or exchanging information
with other agencies, the department shall execute data
exchange agreements with those agencies. [Eff 3/19/93;
am 8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §346-14; 7
C.F.R. §272.8; 45 C.F.R. §205.55)
§17-655-57 Requesting and using information from
IEVS for applicants. (a) The department shall request
and use information about all applicants.
(b) Information shall be requested at the next
available opportunity after the date of application
even if the applicant has been determined eligible by
that time. Information about applicants who cannot
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provide a social security number at application shall
be requested at the next available opportunity after
the department is notified of the social security
number.
(c) Information received within the thirty-day
application period for food stamps and the forty-five
day application period for financial assistance shall
be used to determine the applicant's eligibility and
amount of assistance, if the information is received
timely enough that it can be used for that
determination.
(d) The department shall make eligibility and
amount of assistance determinations without waiting for
receipt of IEVS data.
(e) Information received from a source after an
eligibility determination has been made shall be used
as specified in section 17-655-58. [Eff 3/19/93; am
8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §346-14; 7
C.F.R. §272.8(e); 45 C.F.R. §205.56)
§17-655-58 Requesting and using information from
IEVS for recipients. (a) For all recipients, the
department shall:
(1) Request information from the SWICA quarterly,
including all recipients who participated in
any month of the quarter;
(2) Request information about recipients from SSA
data bases no later than the second month of
the eligibility or certification period, when
requests at application did not establish
automatic reporting to the department of
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changes in SSA data. Requests shall be
through the use of the BENDEX, SDX, and TPQY
systems according to procedures specified by
the Commissioner of the SSA;
(3) Request information from IRS annually for all
current recipients according to procedures
specified by the Commissioner of the IRS;
(4) Request information about UIB from the agency
administering the unemployment compensation
program as follows:
(A) For all family members about whom
requests at application indicate no
receipt of UIB, information shall be
requested for the three months
subsequent to the month of application
or until the receipt of UIB is reported,
whichever is earlier;
(B) For all family members who report a loss
of employment, information shall be
requested for the three months
subsequent to the month the loss is
reported or until the receipt of UIB is
reported, whichever is earlier; and
(C) For all family members receiving UIB,
information shall be requested monthly
until the UIB is exhausted;
(5) Exchange information with other programs or
agencies specified in section 17-655-56 as
the department and other agencies or programs
may agree; and
(6) Request from the unemployment compensation
agency any other information besides UIB
information which the department determines
would be useful in verifying eligibility or
amount of assistance of recipients. Requests
shall be made by methods at intervals to
which the department and the unemployment
compensation agency agrees.
(b) The department shall initiate and pursue
action on information about recipients which is
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received from the sources specified in subsection (a)
so that case action is completed within forty-five days
of receipt of that information by the department. Case
action shall include:
(1) Review of the information and comparison of
the information to case record information;
and
(2) For all new or previously unverified
information received, contact with the family
or collateral sources, or both, to resolve
discrepancies.
(c) If discrepancies warrant reducing assistance
or terminating eligibility, notices of adverse action
shall be sent to the recipient.
(d) When the actions specified in this section
substantiate an overissuance, the department shall
establish a claim and take recovery action on claims as
specified in chapter 17-683. [Eff 3/19/93 ] (Auth:
HRS §346-14) (Imp: HRS §346-14; 7 C.F.R. §272.8(f)(g);
42 C.F.R. §435.953; 45 C.F.R. §205.56)