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Stay informed with the latest changes in the Energy Assistance Program for FY20 including staff notifications, incident report updates, appeals process tweaks, and fiscal staff training policies. Learn about new fiscal updates, late report procedures, and the U.S. Public Charge policy.
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Energy Assistance Program FFY20 Annual Training Administration; EAP Oversight & Auditing
Administration Doug Burns Minnesota Energy Assistance Program
Administration Key staff change notification
Administration Incident Report form change • Exclude identifying information/data from the Incident Report • New text: • Note: Do not include personally identifiable information on this form (e.g., address, last name, date of birth). Use household numbers and first names or initials • Be alert to first names that are unique
Administration Appeals Process (tweaks) Stage 2: Local Level Formal Appeal section change • Clarifies that the household must initiate local level formal appeal in writing before SP takes action Stage 3: Commerce State Office Appeal Procedures section change • No longer limits SP delivery of appeals documents by either hand delivery or mailing • SPs may send documents via secure email.
Administration Excused late reports Change in Excused Late Reports section of Ch. 14, pg. 2 Late reports and essential activities are excused by exception only. To request a reporting extension contact the following by the due date: • Commerce Fiscal and copy eap.mail for FSRs, Closeout and Audits • Program Performance Auditor and copy eap.mail for all other essential information and reports
Administration Fiscalupdates • New FSR review policy • The EAP Coordinator and the EAP Fiscal Manager/staff person must review the FSR prior to submission • Added to FFY20 EAP Policy Manual • In Ch. 14 Communication, Info & Reports (pg. 3) • Financial Status Reports section • Matches WAP policy
Administration Fiscalupdates • New fiscal staff training policy • Any new EAP fiscal staff must attend initial OMB Uniform Guidance (2 CFR 200) training within one year • EAP fiscal staff must take refresher courses within one year of LIHEAP-applicable, OMB Uniform Guidance changes: • §200.201 lists exclusions
Administration Fiscalupdates • §200.201 exclusions (d) Except for §200.202 Requirement to provide public notice of Federal financial assistance programs and §§200.330 Subrecipient and contractor determinations through 200.332 Fixed amount Subawards of Subpart D—Post Federal Award Requirements of this part, the requirements in Subpart C—Pre-Federal Award Requirements and Contents of Federal Awards, Subpart D—Post Federal Award Requirements of this part, and Subpart E—Cost Principles of this part do not apply to the following programs: (1) The block grant awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services)
Administration Fiscalupdates • PPAs will check on fiscal staff training • Added to FFY20 EAP Policy Manual • In Ch. 16 Program Fiscal Mgmt. (pg. 1) • New Fiscal Staff Training section • Matches WAP policy
Administration Public Charge • What is the U.S. Public Charge policy? • U.S. considers help given or possibly needed by immigrants when deciding if they can enter the U.S. or get a “green card” to remain in the U.S. • Currently, a “public charge” is a person primarily dependent on the govt. for subsistence – public cash assistance or institutionalized long-term care at govt. expense • Immigrants applying for a visa or green card, can be considered “inadmissible” if likely to be a public charge • EAP benefits are excluded and are not considered for “public charge” determination
Administration Public Charge • New proposed immigration rule • On 10/10/2018, Trump admin. published a proposed new rule to change how U.S. immigration officials decide who is likely to become a “public charge”
Administration Public Charge • Proposed changes to Public Charge policy • This law only applies to people seeking admission into the U.S. or applying for status adjustment • This provision does not apply to all immigrants • Public charge and this proposed rule do not apply in the naturalization process by which lawful permanent residents apply to become U.S. citizens • The proposed rule is just a proposal - the law has not changed * Per the Immigrant Legal Resource Center (ILRC) - https://www.ilrc.org/public-charge
Administration Public Charge • Proposed changes to U.S. Public Charge policy • The proposed rule interprets the provision of the Immigration & Nationality Act pertaining to inadmissibility of a person if they are likely to become a public charge. (INA § 212(a)(4)) • Instead of an applicant being considered a public charge if they are likely to become primarily dependent on govt. support, the proposal defines a public charge as a person who merely uses an included govt. program
Administration Public Charge • Proposed changes to U.S. Public Charge policy • May include past & current use of a broader array of government benefits • Officials would closely consider health, age, understand English, job skills, education, & public program use, such as: • Some health care under Medicaid • SNAP or “Food Stamps” • Medicare Part D (medicine costs) subsidies • Some Federal housing programs
Administration Public Charge • Groups not impacted by proposed new rule • Groups exempt from public charge designation: • Refugees & asylees • Afghans & Iraqis with special immigrant visas • Nonimmigrant trafficking and crime victims • Individuals applying under the Violence Against Women Act • Special immigrant juveniles • The rule also excludes • U.S. citizen children of non-U.S. citizens who will acquire citizenship under either INA sections 320 or 322 • Non-U.S. citizen service members of U.S. Armed Forces *Per the US Citizenship & Immigration Services- https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility
Administration Public Charge • Benefits not considered for public charge • Some public benefits may not be considered for public charge purposes: • Non-cash/special-purpose cash benefits are generally supplemental and don’t make a person primarily dependent on the govt. for subsistence • Past, current, or future receipt of these benefits do not impact a public charge determination • EAP benefits are not considered for “public charge” purposes and do not make immigrants inadmissible
Administration Public Charge • Resources & info on public charge issues • Immigrant Law Center of MN • https://www.ilcm.org/immigration-resources/public-charge/ • MomRising.org • https://www.momsrising.org/blog/faq-on-public-charge-december-2018 • National Immigration Law Center • https://www.nilc.org/issues/economic-support/pubcharge/proposed-changes-to-public-charge-rule-faq/ • Protecting Immigrant Families • https://protectingimmigrantfamilies.org/community-education-resources/
EAP Oversight & Auditing Tracy Smetana Minnesota Energy Assistance Program
EAP Oversight & Auditing Topics • 5-day draft PAR review • Cumulative PAR results • FFY20 PPA assignments
EAP Oversight & Auditing 5-day draft PAR review • At MinnCAP’s request, Commerce implemented5-day draft PAR review • Started in FFY17 • Purpose is to ensure the PAR is an accurate assessment of program compliance • Allows SPs an opportunity to provide additional information or clarification
EAP Oversight & Auditing 5-day draft PAR review • Commerce sends draft PAR via email • Labeled DRAFT • Response optional • Commerce sends final PAR via US Mail • Director and PPA signatures • Response required
EAP Oversight & Auditing Cumulative PAR results 25
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing Cumulative PAR results
EAP Oversight & Auditing FFY20 PPA assignments