ALABAMA DEPARTMENT OF HUMAN RESOURCES FAMILY ASSISTANCE DIVISION ADMINISTRATIVE CODE CHAPTER 660-2-2 AID TO DEPENDENT CHILDREN TABLE OF CONTENTS 660-2-2-.01 Purpose 660-2-2-.02 Administration 660-2-2-.03 Rights And Responsibilities Of Applicants And Recipients 660-2-2-.04 Application And Initial Determination Of Eligibility 660-2-2-.05 Definitions: Application Process 660-2-2-.06 Standard Of Promptness 660-2-2-.07 Accrual Rights 660-2-2-.08 Redetermination Of Eligibility 660-2-2-.09 Definitions: Redetermination Process 660-2-2-.10 Amount Of Assistance Payment 660-2-2-.11 Payee 660-2-2-.12 Duplicate Grants 660-2-2-.13 Erroneous Payments 660-2-2-.14 Advance Notice 660-2-2-.15 Age 660-2-2-.16 Residence 660-2-2-.17 Citizenship 660-2-2-.18 JOBS Program 660-2-2-.19 Deprivation Of Parental Support And Care (Repealed 2/7/97) 660-2-2-.20 Living In The Home Of A Specified Relative 660-2-2-.21 Social Security Account Numbers 660-2-2-.22 Assignment Of Rights To Child Support And/Or Third Party Medical Benefits 660-2-2-.23 Cooperation In Obtaining Child Support 660-2-2-.24 Prompt Notice To Child Support Agency And/Or Medicaid Agency 660-2-2-.25 Vocational Rehabilitation Service Referral (Repealed 6/12/95) 660-2-2-.26 Strike Participation 660-2-2-.27 Need Requirement-General 660-2-2-.28 Resources (Repealed 11/10/09) 660-2-2-.29 Homestead (Repealed 9/10/07) 660-2-2-.30 Income 660-2-2-.31 Payment Standard 660-2-2-.32 Computation Of Grant Amount Based On Income 660-2-2-.33 Medicaid (Repealed 6/10/97) Human Resources Chapter 660-2-2 Revised 2/14/2025 2-1

660-2-2-.34 Foster Care Maintenance Payments Program (Repealed) 660-2-2-.35 Referral To Service Unit 660-2-2-.36 Persons To Include In Assistance Unit (Budget Group) 660-2-2-.37 Development Of Sources Of Income 660-2-2-.38 Minor Parent Living Arrangement And School Attendance 660-2-2-.39 Applicant Job Search Requirements 660-2-2-.40 Time Limits 660-2-2-.41 Unauthorized Electronic Benefits Transfer (EBT) Transactions And Unauthorized FA Expenditures 660-2-2-.42 Drug Screening Requirements 660-2-2-A Appendix A Attachments 660-2-2-.01 Purpose. Family Assistance (FA) is designed to provide financial assistance to children and their parent(s) who are needy as defined by the Department. The legal base for the financial assistance program is Title IV-A of the Social Security Act, Code of Ala. 1975, as amended, Title 38 and court rulings. The program is funded by State and Federal funds which are expended in accordance with the law, and administered in compliance with the Social Security Act. References in other departmental rules, manuals or written materials to ADC, AFDC, Aid to Dependent Children or Aid to Families with Dependent Children are synonymous with the terms family assistance (FA) or Family Assistance Program(FAP). Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code of Ala. 1975, Title 38, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. P.L. 100-485. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.02 Administration. The Department has the responsibility for administering the AFDC Program. All activities are in compliance with Title VI of the Federal Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. The Department of Human Resources is responsible for program policy formulation, monitoring, program planning, standard setting, and quality assurance in the administration of the AFDC Program. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code of Ala. 1975, Title 38. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-2

History: Effective June 28, 1983. 660-2-2-.03 Rights And Responsibilities Of Applicants And Recipients. (1) Any person has the right to apply for assistance, have his/her eligibility determined, and if found eligible, to receive an established monthly amount unless benefits are prohibited per rule 660-2-2-.40. Any and all payments are subject to availability of funds. Persons receiving a direct payment are to use these funds for the benefit of the dependent children. Certain restrictions about accessing and using benefits apply as provided in Rule 660-2-2-.41. The recipient of public assistance funds must assume the responsibility of furnishing all necessary facts and documentation to establish or reestablish eligibility, advise the Department of any changes in his/her circumstances within 10 days which might affect eligibility and/or the amount of the assistance grant, and to provide the Department with any channel of information concerning his/her affairs that may be determined necessary. An applicant/recipient who refuses to cooperate with the Department by not providing required information, verification, or documentation shall be denied/terminated from FA as eligibility cannot be established. (2) The individual has the right to confidentiality, to receive prompt action, equitable treatment, notification of any case action taken, and to receive a fair hearing due to an appeal of case action. (3) Departmental forms explain these rights and responsibilities. These forms are explained and given to each adult individual applying for assistance, and to recipients as needed. Copies of these forms may be obtained from the Department. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10, 233.36 et seq.; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Succedent emergency amendment effective June 1, 1988. Succedent emergency amendment effective June 1, 1988. Succedent permanent amendment effective September 13, 1988. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Title I Pubic Law 104-103, Section 103. Effective June 28, 1983. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed August 6, 2007; effective September 10, 2007. Amended: Filed September 11, 2014; effective October 16, 2014. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-3

660-2-2-.04 Application And Initial Determination Of Eligibility. An application is a specific written request on the designated agency application form, which has been completed, dated and signed by the applicant, to have eligibility for ADC determined. (The applicant must be informed of the Department's standards of assistance, penalties for fraud, right to appeal and to have a fair hearing, the Civil Rights provisions and other rights and responsibilities.) An applicant may withdraw the application for ADC at any time without affecting the right to reapply at any time. Eligibility for ADC must be determined prospectively at application. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10, 233.33 et seq.; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-2-.05 Definitions: Application Process. The administrative definitions applicable to the application process are as follows: (a) An applicant is an individual who made application for public assistance to the County Department in behalf of dependent children and whose application has not been disposed of by appropriate County Department action. (b) An application is the action taken by an individual in filling out and signing an application form requesting assistance. A request to add someone who joins the assistance group is also considered as application for that person. (c) An inquiry is a request for information only. An inquiry differs from an application in that the person's intent is to obtain information rather than to receive financial aid. Intent to receive financial aid is demonstrated by the person's signature on the application form. (d) A referral is classed as an inquiry. It is a request for information, service, or aid in behalf of an individual. It may be made by an agency, an institution, or another person. The agency considers a referral as an inquiry until application is made. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-4

(e) An application form is the document which when completed, dated, signed and received by the Department serves as official notice that a person wishes to receive assistance. (f) The date of application is the date on which the application form is received by the Department. The applicant shall retain the original date of application when the application is denied in error because of certain administrative or worker errors or when an appeal is upheld by a Department Hearings Officer. (g) The application process begins with receipt by the local Department office of a completed, dated, and signed application form and is considered complete when the application is rejected or when the applicant's name appears on a new case payroll. (h) A determination of eligibility is the process in which the Department's worker obtains the facts of the situation of the individual applying for or receiving assistance as related to each factor of eligibility. The worker, considering these facts, invokes his/her knowledge of the Department's approved policy interpretation and makes an objective and equitable decision concerning the individual's eligibility or ineligibility for public assistance. In the determination of eligibility process certain information must be substantiated, verified, or documented. 1. Substantiate. To establish accuracy of information by obtaining consistent, supporting information. 2. Verify. To confirm the accuracy of the information through a source(s) other than the individual. Verification may be secured on the telephone, in written form, or by personal contact. 3. Document. To establish the accuracy of information by obtaining and including in the case record an official document, official paper or a photocopy of such document or paper that supports the statement(s) made by the individual. (i) Prospective eligibility means information about actual circumstances existing at the current time projected into the next month(s) to the extent it is anticipated to be relevant then. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code of Ala. 1975, Title 38, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. Emergency amendment effective May 23, 1986. Permanent amendment effective August 12, 1986. Amended: Filed January 3, 1997; effective February 7, 1997. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-5

660-2-2-.06 Standard Of Promptness. The Department has 30 calendar days from the date of application to make a decision on eligibility and to make benefits available or mail notice of denial on a FA application. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Amended: Filed August 6, 2007; effective September 10, 2007. 660-2-2-.07 Accrual Rights. (1) Entitlement for direct assistance begins the first day of the month for which the Department's worker establishes eligibility and authorizes payment by completing, dating and signing the computer/financial documents, except payments authorized for the month of application are prorated from the date the application was received. Payment to the eligible applicant may begin on the date of application provided the applicant was eligible and is eligible on the day the eligibility worker completes the award. Persons added to an existing assistance unit may receive a prorated payment from the date of application if otherwise eligible in that month and currently eligible. (2) A recipient's right to a money payment accrues on the first day of each month provided he is alive on that date and eligible insofar as is known. "Eligible insofar as is known" means his income and relevant circumstances in the immediately preceding month met current eligibility requirements and were not anticipated to change in the current month to the extent of causing ineligibility. Once a recipient's eligibility is established, the amount of payment he is entitled to receive for any month in which he has accrual rights is based on income and relevant circumstances in the corresponding budget month (other than when the payment is increased to include another person). To receive increased payments after death, the County Department must establish that the recipient was alive on the date that the increase was authorized. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38; 45 C.F.R. 233.10; SSA-AT-81-34 and SSA-AT-86-1, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. Emergency amendment effective April 1, 1984. Permanent amendment effective June 11, 1984. Succedent emergency amendment effective March 1, 1985. Succedent permanent amendment effective April 11, 1985. Succedent emergency Chapter 660-2-2 Human Resources Revised 2/14/2025 2-6

amendment effective May 23, 1986. Succedent permanent amendment effective August 12, 1986. Succedent emergency amendment effective February 1, 1993. Succedent permanent amendment effective May 10, 1993. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.08 Redetermination Of Eligibility. The Department must determine the individual's eligibility for continued Family Assistance (FA) payment prospectively at least once every 12 months. Special redeterminations may be scheduled in advance during the intervening period based on known facts. A special redetermination which is unscheduled may be held due to receipt of facts indicating a possible change in the recipient's circumstances. A special redetermination, scheduled or unscheduled, may develop into a complete redetermination of eligibility. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10, 233.33 et seq.; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1986. Permanent amendment effective December 9, 1986. Amended: Filed October 6, 1997; effective November 10, 1997. Amended: Filed August 6, 2007; effective September 10, 2007. 660-2-2-.09 Definitions: Redetermination Process. The administrative definitions applicable to the redetermination process are as follows: (a) A recipient is any person who receives a public assistance money payment. Persons not receiving a money payment due to sanctions pursuant to rules numbered 660-2-2-.18 and 660-2-2-. 23 or recoupment of overpayments are considered recipients. (b) Redetermination is an investigation to determine that a recipient continues to meet all eligibility requirements. (c) Redetermination process refers to all of the activities involved in the investigation and redetermination of continuing eligibility for public assistance. (d) Review is the redetermination of eligibility which must be completed within 12 months from the month the initial award or review is completed. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-7

History: Effective June 28, 1983. Emergency amendment effective October 1, 1986. Permanent amendment effective December 9, 1986. Amended: Filed October 6, 1997; effective November 10, 1997. Amended: Filed August 6, 2007; effective September 10, 2007. 660-2-2-.10 Amount Of Assistance Payment. The amount of assistance payment that a person receives is determined by using the appropriate payment standard (as established by the Department based on availability of funds) minus the rounded total net available income. The resulting deficit is to be the grant amount subject to the minimum payment requirement, except when the initial payment is authorized for the month of the application and is prorated from the date the application was received. The minimum grant is $10. A check may be less than $10 if a case is in recoupment from current assistance for an over-payment from a previous period or due to imposition of sanctions pursuant to rules 660-2-2-.18 or 660-2-2-.23. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Amended: Filed October 6, 1997; effective November 10, 1997. 660-2-2-.11 Payee. The parent living in the home with the child will, in most instances, be payee of the grant. The specified relative living in the home can, in most circumstances, be payee only when there is no parent living in the home. A non-relative can be payee for an active Family Assistance (FA) case only for up to 90 days on an emergency basis when no parent or relative is living with the child. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.90, 224.51, 232.12; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.12 Duplicate Grants. The needs of a person shall not be considered in more than one assistance grant at the same time. There may be only one payee for a sibling group of children living in the same household. Author: Chapter 660-2-2 Human Resources Revised 2/14/2025 2-8

Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-2-.13 Erroneous Payments. (1) In general, an erroneous payment means an underpayment, overpayment, delayed payment, or a payment for a period of ineligibility. The following definitions are applicable: (a) A delayed payment is defined as a payment that has been properly authorized but the issue of a check has been improperly delayed. Corrective action will consist of a special payment processed for the period for which the individual or family had accrual rights regardless of current eligibility as soon as possible after identification of the failure to issue the check. (b) An underpayment is defined as either a payment received by or for an assistance unit for the payment month which is less than the amount for which the assistance unit was eligible or failure to issue a payment for a payment month to an eligible assistance unit. The Department will not correct underpayments resulting from a client’s failure to report information or the incorrect/incomplete reporting of information. The Department will not correct other underpayments occurring more than 12 months prior to: 1. The date the county department receives a request for correction from a member of the underpaid unit or 2. The date the county department discovers that a loss to an assistance unit has occurred. Corrective action will involve either the issuance of a special payment or reinstatement of eligibility. The period of the special payment is from the first month of error on the 12th month prior to (1) or (2) above whichever is later, to the month in which the payment is correct. (c) An overpayment is defined as a situation when an assistance payment received by or for an assistance unit for the payment month exceeds the amount to which the assistance unit was eligible. Recovery of all overpayments will be sought by the Department by methods described in (2) below. Corrective action will depend on the causal reason for the overpayment, the current recipient status of the assistance unit, and whether the erroneous payment is defined as non- fraud or suspected fraud as below: Human Resources Chapter 660-2-2 Revised 2/14/2025 2-9

1. A non-fraud overpayment is defined as an overpayment due to continued or unreduced benefits when a request for a fair hearing is submitted during the advance notice period; or due to administrative (or agency) error caused by an active or passive error on the part of a Departmental agent although the client made full disclosure of facts; or due to a payment during the advance notice period to which the assistance unit is entitled but not eligible; or due to client error when the applicant/recipient fails to disclose facts regarding his situation, but there is no demonstrable intent to defraud. 2. A suspected fraud overpayment occurs when a recipient has received an overpayment occasioned or caused by his willful withholding of information concerning any household circumstances which would affect the amount of payment. To sustain an allegation of suspected fraud, the following elements must be present: documented evidence to substantiate the facts upon which the overpayment has been determined, an actual overpayment, and evidence that the individual intentionally committed the action or inaction which has prompted the overpayment. (2) Corrective action for overpayments should generally consist of one or more of the following recovery activities depending on the type of claim (i.e., non-fraud, suspected fraud, or fraud confirmed by court action), on the amount of the overpayment, on whether the client currently receives financial assistance, on what steps may have already been taken to collect the overpayment, on whether civil or criminal legal action is permitted under the laws or on the age of the overpayment: (a) Monthly recoupment of the payment standard based on the current family size; the monthly percentage amount of the recoupment will be stipulated in department program operating manuals. (b) Monthly cash repayment based on a negotiated repayment agreement; the monthly amount of the repayment shall be based on the household's current ability to repay with a suggested minimum of $20 per claim per month. The repayment agreement may be renegotiated at any time the household's situation changes. (c) Civil or criminal legal action as permitted to the Department under applicable state law, including claims against the estate of a deceased person through filing of a claim with the court of appropriate jurisdiction. (d) State income tax refund intercept as permitted under the Code of Ala. 1975 for collection of debts owed to the Chapter 660-2-2 Human Resources Revised 2/14/2025 2-10

Department and Federal income tax refund intercept as permitted for collection of debts owed to the Department. (3) The Department shall also operate a fraud control program which will disqualify intentional program violators from participation in the Family Assistance program as described below: (a) For this purpose, the appropriate disqualification penalty shall be imposed against an individual who is a member of a family (regardless of whether included or excluded from the assistance unit) applying for or receiving assistance who is found on the basis of a plea of guilty or nolo contendre or otherwise by a state or federal court or by a department administrative disqualification hearing and to have intentionally made a false or misleading statement or misrepresented, concealed, or withheld facts, or to have committed any act intended to mislead, misrepresent, conceal, or withhold facts or profound a falsity, for the purpose of establishing the family's eligibility for benefits or of increasing (or preventing a reduction in) the amount of the grant or in seeking reimbursement of stolen benefits. (b) The disqualification penalty for the violator included in the assistance unit shall be the removal of the needs of the individual found to have intentionally committed a program violation as described above in the following manner: for a period of 6 months upon the first occasion of any such offense; for a period of 12 months upon the second occasion of any such offense; and permanently upon the third or a subsequent occasion of any such offense. (c) The disqualification penalty for the violator excluded from the assistance unit but serving as grantee relative, including SSI parents, ineligible alien parents, and non- parent grantee relatives, etc. shall be the removal of the individual as grantee relative for a period of 6 months upon the first occasion of any such offence; for a period of 12 months upon the second occasion of any such offence; and permanently upon the third or a subsequent occasion of such offence. During these penalty periods, payments to the assistance unit will be made to another relative living in the home or other protective payee pursuant to Department operating guidelines. The ineligible grantee relative may continue to receive benefits for other eligible assistance unit members for a temporary period while appointment of another grantee relative/protective payee is being processed. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Ala. Code §38-2-6; Ala. Code §38-4-1, et seq. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Sections 402 and 403 of the Social Security Act; Section 9102 of Human Resources Chapter 660-2-2 Revised 2/14/2025 2-11

P.L. 100-203; permanent amendment effective October 7, 1988. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed September 6, 2000; effective October 11, 2000; operative November 1, 2000. Amended: Filed August 6, 2007; effective September 10, 2007. Amended: Published December 31, 2024; effective February 14, 2025. 660-2-2-.14 Advance Notice. (1) Program rules provide that a person receiving assistance must be given or mailed written notification ten days in advance of action to terminate his grant or reduce the amount of his assistance. (2) Conformity to ten-day notice is waived in the following situations, but written notification must be given or mailed to the individual prior to the effective date of the action. (a) The County Department has factual information confirming the death of the recipient or of the FA payee when there is no relative available to serve as the new payee. (b) The County Department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information. (c) When a recipient is moved from one budget group to another, a clear written statement from the original grantee covering all details as in "(b)" above must be secured. (d) The recipient has been admitted or committed to a public institution. (e) The recipient's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. (f) The recipient has been accepted for assistance in another county or state and that fact has been established by the County Department previously providing assistance. (g) A FA child has been removed from the home as a result of a judicial determination or voluntarily placed in foster care by the person legally responsible for his care. (h) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-12

(i) A special allowance granted for a specific period is terminated and the recipient has been informed in writing at the time of award that the allowance shall automatically terminate at the end of the specified period. (3) The amount of assistance received cannot be changed or terminated when a person requests a hearing within the advance notification period. The assistance is subject to recovery by the Department if the Department's action is sustained. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 205.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38; Cole vs. Burns, Civ. No. 77-G-1191-S (N.D. Alabama November 23, 1977). History: Effective June 28, 1983. Amended: Filed August 6, 2007; effective September 10, 2007. 660-2-2-.15 Age. A child must be under the age of 18 unless s/he is participating in a State approved educational or training program. In this case, eligibility continues through the last month of school/training attendance in the eighteenth year. If not in school/training, the child continues eligible for the month in which he/she reaches his/her 18th birthday. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.39; State Plan for Title IV-A; Code of Ala. 1975, Title 38, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. Amended: Filed January 3, 1997; effective February 7, 1997 660-2-2-.16 Residence. (1) A person must be a resident of Alabama in order to receive public assistance and must be physically present in the State when his application is approved unless detained because of illness while temporarily outside of the State and residence requirements are otherwise met. A person applies for and receives aid in the county where he lives. (a) An adult is considered a resident of Alabama under one of the following conditions: 1. He is living in Alabama voluntarily, not for a temporary purpose, with the intent to make the State his home; or Human Resources Chapter 660-2-2 Revised 2/14/2025 2-13

2. He has entered Alabama either with a job commitment or to seek employment (whether or not currently employed), and is not receiving assistance from another state at the time his benefits from Alabama begin. (b) An adult incapable of stating intent to make Alabama his home is considered a resident if he is living in Alabama and is not receiving assistance from another state at the time his benefits from Alabama begin. (c) A child is considered to be a resident of Alabama if he is making his home in Alabama other than on a temporary basis, or if his caretaker is a resident. (2) Temporary absence from the State does not affect residence unless it is for the purpose of establishing residence elsewhere. After his first three months of absence from Alabama, the recipient must report quarterly his plans and intent to return to Alabama. Aid will be discontinued at any time he fails to do so. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.40; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-2-.17 Citizenship. The child or parent, or relative whose needs are included in the grant must be either a U. S. citizen, or an eligible alien as defined below. Eligible Alien: (a) For five (5) years after the individual obtains the designated alien status: (1) Refugees admitted under section 207 of the Immigration and Nationality Act (INA), (2) Asylees admitted under section 208 of INA, and (3) Aliens whose deportation has been withheld under section 243(h) of the INA. (b) Not limited to five (5) years after obtaining the designated alien status if otherwise eligible: (1) Veterans who were honorably discharged for reasons other than alienage. (2) Active duty personnel (other than active duty for training). Chapter 660-2-2 Human Resources Revised 2/14/2025 2-14

(3) The spouse or unmarried dependent children of these veterans and active duty personnel. (4) Aliens lawfully admitted for permanent residence and who have worked forty (40) qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters. Aliens not identified above who lawfully entered the United States after August 22, 1996 are not eligible for assistance until five years after entry into the United States. Aliens not identified above who were lawfully residing in the United States and receiving AFDC on August 22, 1996 are not eligible for assistance after December 31, 1996. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.50; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Section 201 of the Immigration Reform and Control Act of 1986, P.L. 99-603. Emergency amendment effective September 1, 1988. Permanent amendment effective December 9, 1988. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.18 JOBS Program. (1) Each individual who is: (a) a parent, or stepparent of a child in the assistance unit and whose needs are included in a family assistance grant as an adult or (b) excluded from the assistance unit for reasons required by Federal or State law or Family Assistance program rules, must participate in the JOBS Program unless the JOBS unit defers the individual from participation. (2) Failure or refusal to participate by individuals defined in (1)(a) above who are applicants or in (1)(b) above who would be included in the application except for the reason for exclusion results in denial of the application and loss of benefits for that application period, i.e., month of application through the month of disposition of the application. (3) Failure of the individuals (recipients) defined in (1)(a) above who have received assistance for less than 24 months and in (1)(b) above to participate in JOBS without good cause will result in the following penalties to the assistance unit of the individual included in 1(a) and to the assistance unit from which individuals in 1(b) have been excluded: Human Resources Chapter 660-2-2 Revised 2/14/2025 2-15

(a) For the first three months of noncompliance (consecutive or not), the grant amount will be reduced by 50% of the payment standard for the assistance unit size followed by activities in (b) below. (b) For months of noncompliance in excess of three months (consecutive or not), the assistance unit will be disqualified for a one-month period for the first disqualification. (c) For a month of noncompliance after the first disqualification, the assistance unit will be disqualified for a six-month period. (d) For each subsequent month of noncompliance after the second or later disqualification, the assistance unit will be disqualified for a twelve-month period. (4) Removal of sanction amount or regaining eligibility following penalties in (3) above and (6) below: (a) If the penalty period ends during a month for which a 50% payment reduction must be served, the sanction amount will be removed from the payment calculation beginning with the month following the month the penalty ended provided the required sanction has been served. (b) If the penalty period ends during a month for which a disqualification must be served, the assistance unit may be eligible upon reapplication beginning with the month following the last month in the disqualification period. (5) Penalties for noncooperation/noncompliance with Child Support and JOBS defined in (3) above may run concurrently and during a 50% reduction month will be cumulative. (6) Failure of the individuals defined in (1)(a) and (b) above who have received assistance for 24 or more months to participate in JOBS without good cause will result in the following penalties to the assistance unit of the individual in 1(a) and to the assistance unit from which individuals in 1(b) have been excluded: (a) For the first instance of noncompliance, the assistance unit will be disqualified for a one-month period. (b) For the second instances of noncompliance, the assistance unit will be disqualified for a six-month period. (c) For the third and subsequent instances of noncompliance the assistance unit will be disqualified for a twelve-month period. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-16

(7) Disqualifications for non-cooperation/non-compliance with Child Support and JOBS defined in (3) and (6) above may run concurrently. (8) Failure of individuals (recipients) defined in (1) (a) and (b) above to participate in JOBS by voluntarily terminating employment or refusing employment without good cause regardless of the number of months of receipt of assistance will result in a penalty of permanent disqualification to the assistance unit of the individual in (1) (a) and the assistance unit from which the individuals in (1) (b) have been excluded. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; P.L. 100-485, 104-193; Title II; 42 U.S.C. §§602, 681-687; 54 Federal Regulations 42145-42267; 45 C.F.R. 224; DHHS/DOL Regional Coordinator Committee Operating Memorandum No. 13-84; State Plan for Title IV-A; State JOBS Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective January 1, 1985. Permanent amendment effective March 12, 1985. Succedent emergency amendment effective September 30, 1988. Succedent permanent amendment effective December 9, 1988. Succedent emergency amendment effective April 1, 1990. Succedent permanent amendment effective July 11, 1990. Amended: Filed July 15, 1996; Operative August 8, 1996; effective October 1, 1996. Amended: Filed December 27, 1996; effective January 31, 1997. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed September 4, 1997; effective October 9, 1997. Amended: Filed March 6, 1998; effective April 10, 1998. Amended: Filed June 9, 1999; effective July 14, 1999. Amended: Filed December 16, 1999; effective January 20, 2000. Amended: Filed May 5, 2006; effective June 9, 2006. Amended: Filed November 3, 2006; effective December 8, 2006. Amended: Filed February 2, 2007; effective March 9, 2007. Amended: Filed August 6, 2007; effective September 10, 2007. Amended: Filed July 14, 2014; effective August 18, 2014. 660-2-2-.19 Deprivation Of Parental Support And Care (Repealed 2/7/97). (Repealed) Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.90, 233.100; State Plan for Title IV-A; P.L. 100-485; Code of Ala. 1975, Title 38, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. Emergency amendment effective August 4, 1983. Permanent amendment effective November 8, 1983. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Repealed: Filed January 3, 1997; effective February 7, 1997. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-17

660-2-2-.20 Living In The Home Of A Specified Relative. The child must be living in the home of a blood relative (whole blood or half-blood) within a prescribed degree of relationship as provided for in departmental operating manuals. Blood relatives with alleged status may serve where a preponderance of evidence indicates that they are natural relatives. The child may be temporarily absent from the home to obtain Medicare care, attend school elsewhere because of special educational needs or be on a vacation visit out of the home. The temporary absence applies provided (a) the parent or relative with whom the child has been living continues to have responsibility for his/her care, and continues to maintain the home; and (b) the child is to return to the home at the end of the necessary period of absence. The parent or relative may be temporarily absent to receive medical care, handle family emergencies, or be on a vacation visit out of the home or engaging in temporary seasonal employment provided s/he (a) has arranged for a responsible adult to provide care for the child while s/he is away;(b) continues to carry responsibility for the child; and (c) plans to return to the home at the end of the temporary period of absence. In time of crisis or emergency, a non-relative may be payee of the grant for a period not to exceed 90 days. A minor child or parent who has been, or is expected to be absent from the home for a period of 30 consecutive days is not eligible for assistance unless the absence is for temporary reasons only. If the grantee relative does not notify the agency of a child’s non-temporary absence by the end of the 5-day period that begins with the date that the absence becomes clear, the grantee relative will not be eligible for assistance for the number of months the absence was not timely reported. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.90; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Letter to Dr. Leon Frazier, Commissioner, State Department of Pensions and Security from Linda S. McMahon, Associate Commissioner for Family Assistance dated February 2, 1983, regarding Abdulla K., et. al. vs. Schweiker, et. al. (M.D. Alabama, No. 82-849-N). Effective June 28, 1983. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.21 Social Security Account Numbers. To be eligible for Family Assistance (FA) , the child, parent, or relative must provide the Social Security account number when known for each person whose needs are included in the grant, or apply for and then furnish a Social Security account number for each individual who either does not have a number assigned, whose number is unknown, or who otherwise is unable to provide an Chapter 660-2-2 Human Resources Revised 2/14/2025 2-18

accurate account number. Effective February 8, 1991, clients who make direct application to the Social Security Administration for a Social Security Number either by the enumeration at birth process or by directly contacting the Social Security Administration must upon receipt, furnish the number to the Department of Human Resources to continue to meet furnishing a SSN requirement. Failure of the child, parent, or relative to comply with these requirements will result in termination of the case. "Newborn" policy regarding Social Security numbers allows until the first day of the 2nd month following the child's birth or the mother's discharge from the hospital, whichever is later, to meet the requirement for the newborn. This means that assistance may be paid for the newborn (without the newborn meeting the requirement) during this period. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 232.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective April 11, 1991. Succedent permanent amendment effective July 10, 1991. Succedent emergency amendment effective February 1, 1993. Succedent permanent amendment effective May 10, 1993. Amended: Filed February 2, 2007; effective March 9, 2007. 660-2-2-.22 Assignment Of Rights To Child Support And/Or Third Party Medical Benefits. The Child Support Act of 1979 provides in part that, by accepting FA, each recipient of FA in his care has assigned to the Department of Human Resources the right to any child support owed for or to him and/or for or to the children in his care up to the amount of FA paid to him/them. No separate assignment form is necessary. The FA application is considered an assignment of support rights which is enforced beginning with the month in which FA is approved and continues in effect for each person included in the budget for as long as he is included. Author: Dorothy Phillips Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 232.11; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Amended: Filed May 5, 2006; effective June 9, 2006. 660-2-2-.23 Cooperation In Obtaining Child Support. (1) To be eligible for FA, the parent or relative of the child(ren) must cooperate with the Department in identifying and naming the parent(s) of the child who is receiving FA; establishing the paternity of the child who is born out of wedlock Human Resources Chapter 660-2-2 Revised 2/14/2025 2-19

and receiving FA; obtaining child support payments for the child who is receiving FA; and obtaining any other payments or property due a child who is receiving FA. (2) Cooperation shall be defined as: providing reasonably obtainable information relevant to identifying and locating the absent parent; appearing as a witness in court or other hearings or proceedings as necessary; providing information, or attesting to the lack of information under penalty of perjury; paying to the child support agency any child support payments for any month for which FA was paid; providing further information on the absent parent(s) at the request of the eligibility worker or Child Support Enforcement staff; completing and signing affidavits attesting to paternity of the FA children; making court appearances and giving testimony in court at paternity hearings, support actions, etc. (3) Federal Regulations at 45 C.F.R. 232.40 et seq. provide that the applicant/recipient for FA must cooperate with the agency in child support enforcement unless it is determined that cooperation in such activities is not in the child's best interest. Upon application for an exception to the cooperation requirement, the agency will not undertake to establish paternity or secure child support pending a determination that such activities can be safely conducted with or without the cooperation of the applicant/ recipient; however, any child support payments which are already being made will continue to be received. The determination of good cause is made on the basis of either documentary evidence alone or credibility investigation alone. The decision as to whether good cause exists is made by the "County Good Cause Review Team." (4) The eligibility worker must fully explain to the parent/ relative the stipulation of the Child Support Enforcement laws as they apply to his/her particular situation, in order to ensure the cooperation of the parent/relative. The parent/relative must understand that the State of Alabama, under the law, must take action to locate the absent parent(s), establish paternity, and secure all child support or other benefits due the child. Further, the law requires the parent/relative to assist in this process in any way possible. (5) Failure or refusal to cooperate by individuals who are applicants results in denial of the application and loss of benefits for that application period i.e., the month of application through the month of disposition of the application. (6) Failure of recipients to cooperate in obtaining support will result in the following penalties: (a) For the first three months of noncooperation (consecutive or not), the grant amount will be reduced by 50% of the payment standard for the assistance unit size followed by activities in (b) below. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-20

(b) For months of noncooperation in excess of three months (consecutive or not), the assistance unit will be disqualified for a one-month, period for the first disqualification. (c) For a month of non-cooperation after the first disqualification, the case will be disqualified for six months. (d) For each subsequent month of non-cooperation after the second or later disqualification, the assistance unit will be disqualified for a twelve-month period. (7) Removal of sanction amount or regaining eligibility following penalties in (6) above: (a) If the penalty period ends during a month for which a 50% payment reduction must be served, the sanction amount will be removed from the payment calculation with the month following the month of the penalty ended provided the required sanction has been served. (b) If the penalty period ends during a month for which a disqualification must be served, the assistance unit may be eligible upon reapplication beginning with the month following the last month in the disqualification period. (8) Penalties for noncooperation/noncompliance with Child Support and JOBS may run concurrently and during a 50% reduction month will be cumulative. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; P.L. 104-193; 45 C.F.R. 232.12, 232.40 et seq.; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Permanent amendment effective July 11, 1984. Emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed September 4, 1997; effective October 9, 1997. Amended: Filed May 5, 2006; effective June 9, 2006. Amended: Filed May 5, 2006; effective June 9, 2006. Amended: Filed August 6, 2018; effective September 20, 2018. 660-2-2-.24 Prompt Notice To Child Support Agency And/Or Medicaid Agency. A referral is made by the eligibility worker to child support as appropriate at the time initial assistance is authorized. Author: Dorothy Phillips Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 235.70; State Plan for Title IV-A; Code of Ala. 1975, Title 38. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-21

History: Effective June 28, 1983. Emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Amended: Filed May 5, 2006; effective June 9, 2006. 660-2-2-.25 Vocational Rehabilitation Service Referral (Repealed 6/12/95). (Repealed) Author: Statutory Authority: Social Security Act, Title IV-A; P.L. 100-485, Title II; 42 U.S.C. §§602, 581-687; 54 Federal Regulations 42145-42267; 45 C.F.R. 233.10; State Plan for Title IV-A; State JOBS Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Succedent emergency amendment effective April 1, 1990. Succedent permanent amendment effective July 11, 1990. Repealed: Filed May 8, 1995; effective June 12, 1995. 660-2-2-.26 Strike Participation. (1) Participation in a strike on the last day of the month results in ineligibility for assistance for that month. If the individual involved in a strike is the parent or stepparent, the entire family is ineligible for that month. If the individual involved in a strike is a child, he is ineligible. (2) The term "strike" includes any strike or other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. (a) For public assistance purposes, participation in a strike includes cooperating in work stoppage, work slowdown, etc., including persons who are not actually walking on a picket line. (b) Participation in a strike does not include inability to work because the place of employment is closed due to the strike, or failing to work due to the presence of other union picket lines or fear for one's life because of activity associated with a strike. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.106; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective August 24, 1983. Permanent amendment effective November 8, 1983. Amended: Filed November 18, 1998; effective December 23, 1998. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-22

660-2-2-.27 Need Requirement-General. To be eligible based on need, the family must not have total net countable income equal to or in excess of the appropriate payment standard subject to the minimum payment regulations of Rule No. 660-2-2-.10. Eligibility is determined prospectively. Either of two budgeting procedures prospective or retrospective is used to determine the amount of payment. Prospective budgeting means determining the amount of payment for a month based on the best estimate of income and other relevant circumstances which will exist in that month. Retrospective budgeting means determining the amount of payment for a month based on circumstances (child support received) which existed two months ago. Retrospective budgeting applies only to the budgeting of child support income following the prospective determination of eligibility. All other income is budgeted prospectively following the prospective determination of eligibility. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20, 233.33 et seq.; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed August 6, 2007; effective September 10, 2007. Amended: Filed October 6, 2009; effective November 10, 2009. 660-2-2-.28 Resources (Repealed 11/10/09). (Repealed) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; State Plan for Title IV-A; Code of Ala. 1975, Title 38, Title I Public Law 104-193, Section 103. History: Effective June 28, 1983. Emergency amendment effective January 1, 1987. Permanent amendment effective April 29, 1987. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed March 7, 1997; effective April 11, 1997. Amended: Filed August 6, 2007; effective September 10, 2007. Repealed: Filed October 6, 2009; effective November 10, 2009. 660-2-2-.29 Homestead (Repealed 9/10/07). (Repealed) Author: Human Resources Chapter 660-2-2 Revised 2/14/2025 2-23

Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Repealed: Filed August 6, 2007; effective September 10, 2007. 660-2-2-.30 Income. (1) Only currently available gross income is taken into consideration in determining eligibility for and the amount of the assistance payments unless specifically excluded according to State and Federal law or as otherwise provided for in program operating manuals. “Available” income is that which is verified as being received by any member of the assistance unit or received by someone not in the assistance unit but in the home and designated for a member who is not included in the assistance unit but is considered legally responsible for the support of someone in the assistance unit, or income in the home of a person who is required to be a member of the assistance unit under 660-2-2-.36 but whose needs are excluded due to penalty or failure to fulfill an eligibility requirement or income received by an alleged father of a child included in the assistance unit when living in the home with the child and the child’s mother. Persons legally responsible for the support of others are: spouse responsible for spouse, and parent and stepparent (by marriage or common-1aw) and alleged father (living in the home with his child and the child’s mother) responsible for child under 18 or under 19 if a full-time student in secondary school or in the equivalent level of vocational or technical training. Income of a sponsor, after certain deductions, is considered available to an alien. (2) Of total proceeds received from self-employment, 40% will be subtracted as operating expenses. Disregards/ deduction from earnings are as follows: (a) disregard all earnings from new employment that is timely and accurately reported in the first twelve months in which wages are received, then deduct the following work expenses thereafter; (b) the first 30% of gross earnings; and (c) the cost (on an as paid basis) of child care or care for an incapacitated adult living in the same home and receiving FA. (3) All earned income of a dependent child who is a full-time student or a part-time student not full-time employed is disregarded for purposes of the payment computation. (4) Applicants will receive the disregards in 2(a) if they are eligible with only deductions in 2(b)(c) above. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-24

(5) Certain client activities related to earnings will result in loss of all earned income disregards and work expense deductions for at least one month unless good cause for the activity is established. The earning disregard, the 30% deductions and dependent care costs are not deducted if an individual voluntarily terminated his employment or reduced his earnings without good cause or failed without good cause to make a timely and accurate report (within 10 days) of receipt of earnings or a change in earnings. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20, 233.37; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38; and SSA-AT-86-1. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Succedent emergency amendment effective November 5, 1984. Permanent initial amendment effective December 10, 1984. Permanent succedent amendment effective February 11, 1985. Emergency repealer of first succedent amendment effective January 24, 1985. Second succedent emergency amendment effective February 1, 1985. Permanent repealer of first succedent amendment effective April 11, 1985. Succedent permanent amendment effective July 9, 1985. Succedent emergency amendment effective May 23, 1986. Succedent permanent amendment effective August 12, 1986. Succedent emergency amendment effective January 1, 1987. Succedent permanent amendment effective April 29, 1987. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Succedent emergency amendment effective September 27, 1991. Succedent permanent amendment effective January 9, 1992. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed September 4, 1997; effective October 9, 1997. Amended: Filed November 18, 1998; December 23, 1998. Amended: Filed May 5, 2006; effective June 9, 2006. Amended: Filed October 6, 2009; effective November 10, 2009. Amended: Filed July 14, 2014; effective August 18, 2014. Amended: Published March 31, 2022; effective May 15, 2022. 660-2-2-.31 Payment Standard. The State Department has developed a payment standard which varies by family size. The standard must be used in determining financial need in all cases. The standard based on the amount of funds available, and is used uniformly throughout the State. The countable income, if any, of the assistance group is deducted from the payment standard to determine the entitlement amount of assistance. Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-25

Succedent permanent amendment effective October 7, 1988. Succedent permanent amendment effective October 18, 1988. Succedent permanent amendment effective January 10, 1989. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Amended: Filed November 4, 1993; effective December 9, 1993. Amended: Filed January 3, 1997; effective February 7, 1997. 660-2-2-.32 Computation Of Grant Amount Based On Income. The grant amount is computed by subtracting rounded total net income from the payment standard. When payment is authorized for the month the application is received, the grant amount is equal to the amount payable if payment was made for the entire month multiplied by the ratio of the number of days in the month including and following the date of application to 30 days. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-2-.33 Medicaid (Repealed 6/10/97). (Repealed) Author: Melody Armstrong Statutory Authority: Social Security Act; Title XIX; Title XIX State Plan; 42 C.F.R. 435. History: Effective June 28, 1983. Repealed: Filed May 6, 1997; effective June 10, 1997. 660-2-2-.34 Foster Care Maintenance Payments Program (Repealed). (Repealed) Author: Statutory Authority: P.L. 96-272; P.L. 98-369, effective October 1, 1984; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Succedent emergency amendment effective October 21, 1986. Succedent permanent amendment effective February 4, 1987. Succedent emergency amendment effective November 19, 1987. Succedent permanent amendment effective February 17, 1988. Succedent emergency amendment effective January 1, 1989. Succedent permanent amendment effective April 12, 1989. Succedent emergency repealer effective October 9, 1991. Succedent permanent repealer effective January 9, 1992. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-26

660-2-2-.35 Referral To Service Unit. At any time the eligibility worker suspects abuse or neglect of any child or adult, he must immediately refer the case to the appropriate service unit. All persons receiving ADC are referred to the Service Unit when problems or needs of individuals are evidenced or services are desired. Author: Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 231, Chapter 13, Subpart J; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-2-.36 Persons To Include In Assistance Unit (Budget Group). (1) An assistance unit consists of those parents receiving or applying for aid. Parents, stepparents and siblings must be included in the assistance unit, unless they are ineligible to receive assistance due to, age or relationship, or as aliens, or are recipients of FCMP. Failure of a grantee relative (payee) to provide information necessary for determining eligibility and payment amount makes the entire assistance unit ineligible for assistance. (2) In order for the child to be eligible, the assistance unit must include the following persons in the same family unit: (a) A legal parent(s) in the home as defined in department program operating guidelines and/or stepparents not excluded under (3) or (5) below. EXCEPTION: Convicted parent-prisoners sentenced to do unpaid public work and permitted by court order to reside with their families. (b) All the child's blood-related siblings or adoptive siblings under 18 or under 19 if participating in a State approved educational or training program living in the home who meet the age requirements with the exception of children who receive FCMP. Step-siblings whose legal parent resides in the home and stands as a stepparent to the applicant/recipient group are not required to be included in the assistance unit. (3) Notwithstanding the above, certain parents, stepparents and siblings must be excluded from the assistance unit because they are not eligible for assistance. This includes: (a) Individuals who receive FCMP and effective June 1, 1994, ACFC, or adoption assistance payments. The exclusion with Human Resources Chapter 660-2-2 Revised 2/14/2025 2-27

respect to individuals who receive adoption assistance does not apply if excluding the child would reduce the family's FA benefits; (b) Aliens who would be included but for certain citizenship and alienage requirements; (c) Aliens who would be included but are ineligible due to the deemed income of resources of their sponsors, or due to the sponsorship by an agency or organization; (d) Individuals who would be included but for ineligibility on the basis of age or relationship. (e) Individuals who are fleeing to avoid prosecution, or custody or confinement after conviction of a felony, or violating a condition of probation or parole imposed under Federal or State law. (f) Individuals found guilty under Federal or State law to have fraudulently misrepresented residence in order to obtain benefits from two or more State’s federally funded programs under Title IV-A of the Social Security Act, Medicaid, Food Stamps or SSI. Ineligibility for cash assistance is for a 10 year period beginning on the date of conviction. (g) Individuals convicted under Federal or State law of a felony based upon conduct occurring on or after August 22, 1996 which has as an element the possession, use or distribution of a controlled substance unless the individual has completed his or her sentence or is satisfactorily serving a sentence of probation. (4) With respect to persons not required to be included in the assistance unit, the caretaker relative retains the right to choose who may be included or excluded from the unit as follows: (a) Other related children, including stepchildren, nieces, etc., of the grantee may be included, if such children meet the age requirements and are otherwise eligible. (If one child of a sibling group is included, all his siblings who reside in the home and who meet age requirements must be included. When a single caretaker is providing parental guidance and control over multiple, distinct sibling groups, the groups must be consolidated into one assistance unit.) (5) Parents, stepparents and siblings included in the assistance unit must comply with all requirements for example JOBS and enumeration. Persons otherwise required to be included but who are ineligible due to failure to meet an eligibility requirement, must be included when no longer ineligible. Author: Melody Armstrong Chapter 660-2-2 Human Resources Revised 2/14/2025 2-28

Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. Part 260; State Plan for Title IV-A; Code of Ala. 1975, Title 38; Act No. 2015-185. History: Emergency adoption effective November 5, 1984. Permanent adoption effective February 11, 1985. Succedent emergency amendment effective April 1, 1986. Succedent permanent amendment effective July 25, 1986. Succedent emergency amendment effective September 18, 1987. Succedent permanent amendment effective December 9, 1987. Succedent permanent amendment: Filed September 6, 1994; effective October 11, 1994. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed November 18, 1998; effective December 23, 1998. Amended: Filed January 7, 2016; effective February 21, 2016. Amended: Filed September 6, 2016; effective October 21, 2016. 660-2-2-.37 Development Of Sources Of Income. All grantee relatives and/or individuals included in the assistance unit must apply for and convert to a state of availability any benefit, award, or potential source of income to which members of the assistance unit may be legally entitled. If documentation of action taken toward converting the potential benefit, award, or source of income is needed and not provided by the applicant(s) or by the recipient(s) within the timeframe as specified in program policy manuals, assistance will be denied/ terminated to the entire assistance unit if the refusing/failing applicant/recipient is a required assistance unit member per 660-2-2-.36. If the person refusing or failing to meet this requirement is not a required member of the assistance unit, assistance will be denied/terminated to this individual. Author: Jeri Farrior Statutory Authority: Code of Ala. 1975, Title 38, Social Security Act, Title IV-A; 45 C.F.R. 233.20; State Plan for Title IVP-A. History: Effective August 12, 1992. Amended: Filed December 5, 2001; effective January 9, 2002. Amended: Filed October 6, 2009; effective November 10, 2009. 660-2-2-.38 Minor Parent Living Arrangement And School Attendance. (1) A minor parent and the dependent child/ren in his or her care, unless exempt, must reside in the household of a parent, legal guardian or other adult relative or in an adult-supervised supportive living arrangement in order to receive FA. Failure to meet the minor parent living arrangement requirement results in ineligibility for the minor parent and dependent child(ren). (2) Definitions for the purposes of this provision are as follows: Human Resources Chapter 660-2-2 Revised 2/14/2025 2-29

(a) A minor parent is an individual who 1. is under 18 years of age and 2. is not married and 3. is the natural parent of a dependent child living in the same household. (b) A parent, legal guardian or other adult relative is defined as follows: 1. a natural parent 2. an adoptive parent 3. a stepparent 4. a legal guardian 5. an individual who is at least 18 years of age and is related to the minor parent within a degree of relationship as specified in Rule 660-2-2-.20. (c) A household if the place of residence for person(s) in (b) above that is maintained as a home for the minor parent and his/her dependent child/ren. (d) An adult-supervised supportive living arrangement is a private family setting or other living arrangement (not including a public institution), which is maintained as a family setting, as evidenced by the assumption of responsibility for the care and control of the minor parent and dependent child/ren or the provision of supportive services such as counseling, guidance, or supervision. For example, foster homes and maternity homes would meet this definition. (3) Certain individuals will be exempt from this provision if they meet one of the following conditions: (a) The minor parent has no living parent or legal guardian whose whereabouts is known. (b) No living parent or legal guardian of the minor parent allows the minor parent to live in his or her home. (c) The minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent’s application for FA. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-30

(d) The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent’s parent or legal guardian. (e) The parent or legal guardian of the minor parent does not live in Alabama. (f) The minor parent would be financially or legally penalized as a result of breaking a lease, etc., if he/she moved. (g) other reasons as defined in departmental operating instructions. (4) A minor parent whose child is at least 12 weeks old, must have successfully completed high school or its equivalent or participate in (a) educational activities directed toward the attainment of its equivalent; or (b) an alternative educational or training program that has State approval, in order to receive assistance. Failure to meet the minor parent school attendance requirement results in ineligibility for the minor parent and his/ her dependent child(ren). Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code, Title 38. History: New Rule: Filed August 13, 1996; Operative September 17, 1996; effective October 1, 1996. Amended: Filed January 3, 1997; effective February 7, 1997. Succedent emergency amendment effective May 12, 1997. Amended: Filed July 9, 1997; effective August 13, 1997. 660-2-2-.39 Applicant Job Search Requirements. (1) The applicant must apply for three positions of unsubsidized employment during the application process unless pursuant to Department program operating guidelines the applicant is exempt or has good cause for not doing so. (2) Failure/refusal of the applicant to make application for three positions or to provide proof of the applications results in denial of the application and loss of benefits for that application period, i.e., month of application through the month of disposition of the application. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R.; State Plan for Title IV-A; Code, Title 38. History: New Rule: Filed August 13, 1996; Operative September 17, 1996; effective October 1, 1996. Amended: Filed December 27, 1996; effective January 31, 1997. Repealed: Filed August 6, 2007; effective September 10, 2007. New Rule: Filed July 14, 2014; effective August 18, 2014. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-31

660-2-2-.40 Time Limits. (1) Funds provided by the Federal Government under the TANF block grant cannot be used to provide assistance to a family in which the grantee or spouse of the grantee has received assistance for more than 60 months (whether or not consecutive). A month of assistance does not include any month a check is not issued due to minimum payment, sanction or recoupment to a zero check amount. The count began for current recipients with the payment made for December, 1996; for applicants awarded November 15 – 30, 1996 for a November, 1996 benefit, the count begins November, 1996. The count will begin for applicants with the month for which payment is first authorized, whether or not prorated and regardless of when payment for the month is actually received but no earlier than November 15, 1996. (2) A month of assistance will not be counted against the sixty- month lifetime limit: (a) if the assistance unit does not include a grantee or spouse of the grantee; (b) for any member of the assistance unit that is not the grantee or the spouse of the grantee; (c) if assistance is received by an adult while living in Indian country where at least 50 percent of the adults are unemployed; (3) Some families may receive Federal TANF assistance beyond 60 months if the grantee or spouse of the grantee meets the extension criteria as follows: (a) has a personal hardship and (b) is currently complaint/cooperative and continues to be complaint/cooperative with JOBS and Child Support program criteria. Conditions in (3)(a) and (3)(b) must be met for each month of receipt over 60. (4) A personal hardship exists for an assistance unit in which the grantee or spouse of the grantee: (a) Is a person whose presence is required on a substantially continuous basis due to the illness or incapacity determined on the basis of medical evidence of an individual who is related to the caregiver within a specific degree as provided for in departmental operating manuals and no other person is available to provide the needed care. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-32

(b) Has an illness or injury which has lasted or is expected to last at least 30 days which is serious enough to temporarily prevent employment (or training with the hope of employment) when determined on the basis of medical evidence from the attending physician/clinic. This includes pregnancy when it has been determined by medical evidence that working or participating in training would be detrimental to the woman or the unborn child. (c) Is incapacitated with a physical or mental impairment determined by a physician or a licensed or certified psychologist which prevents the individual from engaging in employment. (d) Has been battered or subjected to extreme cruelty to the extent participation in program work requirements is precluded. An individual has been battered or subjected to extreme cruelty if the individual has been subjected to: 1. physical acts that resulted in, or threatened to result in physical injury to the individual; 2. sexual abuse; 3. sexual activity involving a dependent child; 4. being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; 5. threats of, or attempts at physical or sexual abuse; 6. mental abuse; or 7. neglect or deprivation of medical care. (e) Is participating in drug, alcohol, or mental health counseling to the extent participation in program work requirements is precluded. (f) Is age 60 or older. (g) Has a personal barrier of such significance as to preclude training and/or employment as provided for in departmental operating manuals and determined by the case manager. (h) Lives in a SNAP ABAWD waiver county and has not been disqualified due to noncompliance with JOBS since December, 1996. (5) Eligibility under the extension criteria is lost if the personal hardship ceases to exist but may be regained if a hardship occurs again. The personal hardships in “(b), (c), and Human Resources Chapter 660-2-2 Revised 2/14/2025 2-33

(g)” above automatically cease to exist if the individual with the hardship becomes employed or employable as determined by the case manager pursuant to program policies. The personal hardship in “(h)” above also ceases to exist if the individual becomes employed or the county loses ABAWD status but may be regained if the individual loses the job with good cause as defined by program policy or the county regains ABAWD status or the client moves to an ABAWD county. (6) Eligibility under the extension criteria is permanently lost if the individual with the personal hardship is non-compliant with JOBS or Child Support. The non-compliant/non-cooperative individual is permanently barred from receiving assistance for him/herself and cannot receive for any child(ren). The permanent bar also applies to the included spouse of the non-compliant/ non- cooperative individual in the unit. When the extension is lost due to non-compliance/non-cooperation, any benefits received after the 60th month are months of ineligibility which must be processed as erroneous payments and recovery sought. Author: Melody Armstrong Statutory Authority: Code of Ala. 1975, Social Security Act, title IV-A; State Plan for Title IV-A; Title 38; Title I of Public Law 104-193. History: Emergency adoption effective November 15, 1996. New Rule: Filed January 3, 1997; effective February 7, 1997. Amended: Filed April 4, 1997; effective May 9, 1997. Amended: Filed April 5, 2001; effective May 10, 2001. Amended: Filed August 6, 2007; effective September 10, 2007. Amended: Filed April 4, 2008; effective May 9, 2008. Amended: Filed August 6, 2018; effective September 20, 2018. Amended: Filed August 6, 2018; effective September 20, 2018. 660-2-2-.41 Unauthorized Electronic Benefits Transfer (EBT) Transactions And Unauthorized FA Expenditures. (1) Legal Basis (a) Federal law requires states to prevent assistance provided under the FA Program from being used in any EBT transaction in liquor stores, gambling establishments, and strip clubs. State law prohibits the withdrawal or use of benefits in an EBT transaction in a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo or body piercing facility, a facility providing psychic services, or an establishment that provides adult oriented entertainment in which performers disrobe or perform in an unclothed state (strip clubs). Use of the EBT card in any of the locations listed to access benefits and/or to purchase merchandise/goods or services is referred to as unauthorized EBT transactions. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-34

(b) Use of any portion of the FA benefits whether in cash or an EBT transaction to purchase alcoholic beverages, tobacco products or lottery tickets is also prohibited. Purchase of any of these items is referred to as unauthorized FA expenditures. Actions taken to prevent unauthorized EBT transactions and to prevent unauthorized FA expenditures include client education about the spending restrictions and financial penalties for noncompliance. (2) Penalties for Noncompliance (a) For the first instance of noncompliance, the assistance unit will be disqualified from receiving benefits for a one month period. (b) For the second instance of noncompliance, the assistance unit will be disqualified from receiving benefits for a three month period. (c) For the third instance of noncompliance, the assistance unit may continue to receive benefits if otherwise eligible but the grantee relative is permanently disqualified from receiving benefits as a grantee relative and if included in the assistance unit is permanently disqualified to be a member of the assistance unit. Payment to the assistance unit will be made to another relative living in the home or other protective payee pursuant to Department operating guidelines. The disqualified grantee relative may continue to receive benefits for other eligible assistance unit members for a temporary period while appointment of another grantee relative/protective payee is being processed. (d) In addition to penalties in (a)-(c) above the recipient must reimburse the Department as follows: For unauthorized EBT transactions, the amount withdrawn and/or used; for unauthorized FA expenditures, the amount of the purchase. Reimbursement in the full amount must be made before the assistance unit can again receive benefits following a period of disqualification as described in (a) and (b) above or before another relative living in the home or a protective payee can be approved to receive as described in (c) above. (e) Disqualifications defined herein may not run concurrently with any other program sanctions or disqualifications. (3) Definitions (a) Unauthorized EBT Transaction- Use of an EBT card to withdraw FA benefits or process a payment for the purchase of merchandise/goods or services from an ATM or POS device physically located in a liquor, wine or beer store, gambling establishment, strip club, tattoo or body piercing facility or a facility providing psychic services. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-35

(b) Liquor, wine or beer store – Any retail establishment selling exclusively or primarily alcoholic beverages. (c) Gambling establishment- A retail establishment offering casino, gambling or gaming activities as the primary purpose of the establishment. (d) Strip Club – Any retail establishment providing adult- oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. (e) Tattoo or body piercing facility – Any retail establishment selling exclusively or primarily tattoo or body piercing services. (f) Psychic services facility – Any retail establishment selling exclusively or primarily psychic services. (g) Unauthorized FA expenditures- Use of any portion of the benefits whether in cash or an EBT transaction for the purchase of alcoholic beverages, tobacco products or lottery tickets. (h) Alcoholic beverages – Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more alcohol by volume, and shall include liquor, wine and beer. (i) Tobacco products – Any product that contains tobacco such as cigars, cigarettes, pipe and chewing tobacco and associated paraphernalia. (j) Lottery ticket – Any ticket purchased for a game of chance such as instant lotteries, general lotteries and lotto operated by a state government. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C. F. R. 262 and 265; State Plan for Title IV-A; P.L. 112-96; Code of Ala. 1975, Title 38. History: New Rule: Filed November 5, 2013; effective December 10, 2013. Succedent emergency amendment effective July 2, 2014. Amended: Filed September 11, 2014; effective October 16, 2014. 660-2-2-.42 Drug Screening Requirements. (1) Adult applicants/recipients who are otherwise eligible for assistance must cooperate with the Department in activities needed to determine if reasonable suspicion exists that the adult uses or Chapter 660-2-2 Human Resources Revised 2/14/2025 2-36

is under the influence of a drug and if reasonable suspicion exists by completing a drug screening. (2) Failure/refusal of the adult applicant to cooperate results in denial of the application for the entire assistance unit and loss of benefits for that application period, i.e., month of application through the month of disposition of the application. Failure/refusal of the adult applicant being added back to an existing assistance unit to cooperate results in denial of the application for that individual for that application period and case closure. Failure/refusal of the adult recipient to cooperate results in case closure. (3) Cooperation includes: attesting to the existence or not of any criminal convictions related to the use or distribution of a drug within five years prior to the date of application for assistance; providing information about recent use of a drug; and taking the initial or subsequent drug screenings within the timeframes established by the Department. (4) A positive drug screening without a valid prescription for the identified drug results in the following penalties: (a) For the first positive drug screening, the grantee relative (adult) will be issued a warning that subsequent positive tests will result in loss of benefits and that other random drug screenings will be required. (b) For the second positive drug screening, the grantee relative (adult) will be ineligible for benefits for one year. The ineligible grantee relative may continue to receive benefits on behalf of the assistance unit. (c) For the third positive drug screening, the grantee relative (adult) will be permanently ineligible to receive assistance either as a grantee relative or as a member of the (an) assistance unit. Payment to the assistance unit will be made to another relative living in the home or other protective payee pursuant to Department operating guidelines. The ineligible grantee relative may continue to receive benefits for other eligible assistance unit members for a temporary period while appointment of another grantee relative/ protective payee is being processed. (5) Responsibility for Costs of Drug Screening: (a) The cost of the initial drug screening is the responsibility of the Department. (b) The cost of any subsequent drug screening required by the Department is the responsibility of the person screened. The Department will reimburse the person for the cost of a required drug screening if the person tests negative. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-37

(c) The cost of a drug screening to contest the results of a positive drug screening is the responsibility of the person screened. (6) Definitions: (a) Drug: Includes all of the following: 1. A controlled substance for which a medical prescription or other legal authority is required for purchase or possession, including, but not limited to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate, a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant, or a metabolite of any of these substances. 2. A drug whose manufacture, sale, use, or possession is forbidden by law. (b) Drug Screening: Any chemical, biological, or physical instrumental analysis conducted for the purpose of determining the presence or absence of a drug or its metabolites. Department operating guidelines specify the entity to be used for all drug screenings as well as the type drug screening to be conducted. (c) Adult: An individual age 18 or older. (d) Reasonable Suspicion: The existence of any criminal conviction for the use or distribution of a drug within five years prior to the date of application for assistance and recent drug use as defined in (e) below or a positive drug screening pursuant to this rule without a valid prescription. (e) Recent Drug Use: Use of an illegal drug (meaning a drug whose manufacture, sale, use or possession is forbidden by law) or use of a prescription medication for a non- medical reason (meaning just because of the feeling or experience it provides) within one year prior to the date of application. (f) Valid Prescription: A current written instruction by a medical practitioner that authorizes a patient be provided a medicine or treatment and which is provided to the patient by an entity licensed/certified to dispense medication, i.e. a drug store, hospital pharmacy, medical insurance program, etc. (7) Implementation of Rule: The provisions of this rule begin on October 1, 2015. Author: Melody Armstrong Statutory Authority: Social Security Act, Title IV-A; 45 C.F. R.; State Plan for Title IV-A; Code of Ala 1975, Title 38. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-38

History: New Rule: Filed August 5, 2015; effective September 9, 2015. New Rule: Filed October 10, 2017; effective November 24, 2017. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-39

660-2-2-A Appendix A Attachments. DEPARTMENT OF HUMAN RESOURCES APPENDIX A ATTACHMENT 660-2-2-.03 FAMILY ASSISTANCE (FA) PROGRAM SUMMARIZED ELIGIBILITY REQUIREMENTS (REPEALED 9/21/18) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 206.10, 233.36 et seq.; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent emergency amendment effective June 1, 1988. Succedent permanent amendment effective September 13, 1988. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Succedent emergency amendment effective December 30, 1991. Succedent permanent amendment effective April 10, 1992. Succedent emergency amendment effective December 17, 1992. Succedent permanent amendment effective March 11, 1993. Succedent permanent amendment: Filed February 6, 1995; effective March 13, 1995. Permanent amendment effective March 13, 1995 superseded by emergency amendment effective March 3, 1995. Amended: Filed May 4, 2007; effective June 8, 2007. Amended: Filed October 6, 2009; effective November 10, 2009. Repealed: Filed August 7, 2018; effective September 21, 2018. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-40

APPENDIX A ATTACHMENT 660-2-2-.13 RECOUPMENT STANDARDS FOR FAMILY ASSISTANCE PAYMENTS (REPEALED 9/21/18) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. §§402 and 403 of the Social Security Act; §9102 of P.L. 100-203; permanent amendment effective October 7, 1988. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Succedent emergency amendment effective December 30, 1991. Succedent permanent amendment effective April 10, 1992. Succedent emergency amendment effective December 17, 1992. Proposed Permanent amendment to replace identical emergency amendment effective December 17, 1992. Succedent permanent amendment effective March 11, 1993. Succedent permanent amendment: Filed February 6, 1995; effective March 13, 1995. Permanent amendment effective March 13, 1995 superseded by emergency amendment effective March 3, 1995. Succedent permanent amendment: Filed May 8, 1995; effective June 12, 1995. Amended: Filed September 6, 2000; effective October 11, 2000; operative November 1, 2000. Amended: Filed May 4, 2007; effective June 8, 2007. Repealed: Filed August 7, 2018; effective September 21, 2018. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-41

APPENDIX A ATTACHMENT 660-2-2-.23 STATE DEPARTMENT OF HUMAN RESOURCES COOPERATION IN CHILD SUPPORT YOU SHOULD READ THIS NOTICE (REPEALED 9/21/18) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. §§402 and 403 of the Social Security Act; §9102 of P.L. 100-203; permanent amendment effective October 7, 1988. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Succedent emergency amendment effective December 30, 1991. Succedent permanent amendment effective April 10, 1992. Succedent emergency amendment effective December 17, 1992. Proposed Permanent amendment to replace identical emergency amendment effective December 17, 1992. Succedent permanent amendment effective March 11, 1993. Succedent permanent amendment: Filed February 6, 1995; effective March 13, 1995. Permanent amendment effective March 13, 1995 superseded by emergency amendment effective March 3, 1995. Succedent permanent amendment: Filed May 8, 1995; effective June 12, 1995. Amended: Filed September 6, 2000; effective October 11, 2000; operative November 1, 2000. Amended: Filed May 4, 2007; effective June 8, 2007. Repealed: Filed August 7, 2018; effective September 21, 2018. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-42

APPENDIX A ATTACHMENT 660-2-2-.31 STANDARDS FOR FAMILY ASSISTANCE (FA) FAMILIES (REPEALED 9/21/18) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective October 1, 1984. Permanent amendment effective December 10, 1984. Succedent permanent amendment effective October 7, 1988. Succedent emergency amendment effective October 18, 1988. Succedent permanent amendment effective January 10, 1989. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Succedent emergency amendment effective October 1, 1990. Succedent permanent amendment effective January 9, 1991. Succedent emergency amendment effective December 30, 1991. Succedent permanent amendment effective April 10, 1992. Succedent emergency amendment effective December 17, 1992. Succedent permanent amendment effective March 11, 1993. Succedent permanent amendment: Filed February 6, 1995; effective March 13, 1995. Permanent amendment effective March 13, 1995 superseded by emergency amendment effective March 3, 1995. Succedent permanent amendment: Filed May 8, 1995; effective June 12, 1995. Amended: Filed May 4, 2007; effective June 8, 2007. Repealed: Filed August 7, 2018; effective September 21, 2018. Human Resources Chapter 660-2-2 Revised 2/14/2025 2-43

APPENDIX A ATTACHMENT 660-2-2-.34 STANDARDS FOR FCMP CHILDREN* (REPEALED 9/21/18) Author: Jeri Farrior Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38. History: Repealed: Filed August 7, 2018; effective September 21, 2018. Chapter 660-2-2 Human Resources Revised 2/14/2025 2-44

ALABAMA DEPARTMENT OF HUMAN RESOURCES ECONOMIC ASSISTANCE DIVISION ADMINISTRATIVE CODE CHAPTER 660-2-4 STATE SUPPLEMENTATION TABLE OF CONTENTS 660-2-4-.01 General 660-2-4-.02 Administration 660-2-4-.03 Rights And Responsibilities 660-2-4-.04 Application And Initial Determination Of_Eligibility 660-2-4-.05 Definitions: Application Process 660-2-4-.06 Standard_Of_Promptness 660-2-4-.07 Accrual_Rights 660-2-4-.08 Determination Of Continuing Eligibility 660-2-4-.09 Definitions Of Terms (Phrases) Used In Continuing Eligibility 660-2-4-.10 Amount Of Assistance Payment 660-2-4-.11 Payee 660-2-4-.12 Duplicate_Grants 660-2-4-.13 Erroneous Payments 660-2-4-.14 Advance Notice 660-2-4-.15 General_Eligibility_Criteria 660-2-4-.16 Eligibility_Factors_Other_Than_Need 660-2-4-.17 Definition Of Independent Homelife Care 660-2-4-.18 Care In Cerebral Palsy Treatment Centers 660-2-4-.19 Need Requirement - General 660-2-4-.20 Resources (Repealed 6/17/86) 660-2-4-.21 Home Property (Repealed 6/17/86) 660-2-4-.22 Income (Repealed 6/17/86) 660-2-4-.23 Medicaid 660-2-4-.24 Referral_To_Social_Services 660-2-4-.25 Social Security Account Numbers 660-2-4-.26 Non-SSI Supplementation (SUP) Recipients 660-2-4-.27 Definition Of Specialized Independent Homelife Care 660-2-4-.28 Definition Of Skilled Nursing Facility (SNF) 660-2-4-.29 Care_Provider_Requirements 660-2-4-A Appendix A Attachments 660-2-4-.01 General. Prior to January 1, 1974, the State administered the adult category public assistance programs partially funded with federal monies under the Social Security Act. These programs, Old Age Pension (OAP), Aid to the Blind (AB), and Aid to the Permanently Human Resources Chapter 660-2-4 Supp. 3/31/95 4-1

and Totally Disabled (APTD), were modified after January 1, 1974, to provide supplementary assistance payments from State funds alone for certain aged, blind, and disabled person. Alabama administers a program meeting the requirements of mandatory supplementation, Public Law 93-66, to provide for payments to all December 1973 recipients of OAP, APTD, and AB (or referred to collectively as State Supplemental) whose income level under SSI during any month (CIL - Current Income Level) is less than their income level as of December 1973 (MIL - Minimum Income Level); make payments equal to at least the difference between the December 1973 income level and the income level under SSI; and maintain the December 1973 income level, reducing it only as a decrease in needs would have caused a decrease in the December 1973 payment had such decrease been reported then. In addition to required or mandatory supplementation, optional payments are made in Alabama to eligible individuals who were not receiving assistance in December 1973. Optional supplementation payments are provided to individuals who receive SSI and to those non-SSI SUP recipients who were receiving optional supplementation payments as of March 7, 1986 provided all such individuals require independent homelife care, formerly personal care (only for persons who were receiving payment for such care as of September 30, 1986), or specialized independent homelife care in their own home or in a foster home licensed or approved by the Department of Human Resources, or care in a Cerebral Palsy Treatment Center (only for persons who were eligible for such care in May 1981). Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective March 10, 1986. Permanent amendment effective June 17, 1986. Succedent permanent amendment effective September 9, 1986. Succedent permanent amendment effective December 9, 1986. Succedent permanent amendment effective January 15, 1992. 660-2-4-.02 Administration. The Department has the responsibility for administering the Supplementation Program. All activities must be in compliance with the Civil Rights Act of 1964 and § 504 of the Rehabilitation Act of 1973. The Department of Human Resources is responsible for program policy formulation, monitoring, program planning, standard setting and quality assurance in the administration of the Supplementation Program. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Chapter 660-2-4 Human Resources Supp. 3/31/95 4-2

660-2-4-.03 Rights And Responsibilities. (1) Any person has the right to apply for assistance, have his/her eligibility determined, and if found eligible, to receive an established monthly amount. Although persons receiving a direct payment are to use these funds for their personal care needs, there are no restrictions otherwise on their use. The recipient of public assistance funds must assume the responsibilities of furnishing all necessary facts and documentation to establish or reestablish eligibility, advise the Department of any changes in his/her circumstances within 10 days which might affect eligibility and/or the amount of the assistance grant, and to provide the Department with any channel of information concerning his/her affairs that may be determined necessary. An applicant/ recipient who refuses to cooperate with the Department by not providing required information, verification or documentation shall be denied/terminated as eligibility cannot be established. (2) The individual has the right of confidentiality, to receive prompt action, equitable treatment, notification of any case action taken, and to receive a fair hearing (see Chapter 660-1-5, Hearings in the General Administration Division) due to an appeal of case action. (3) Removed Author: Statutory Authority: Social Security Act Titles XVI and XIX; P.L. 98-369; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38, §§ 41-22-1 through -27. History: Effective June 28, 1983. Emergency amendment effective October 1, 1983. Permanent amendment effective January 9, 1984. Succedent emergency amendment effective January 1, 1985. Succedent permanent amendment effective January 9, 1985. Succedent emergency amendment effective January 1, 1986. Succedent permanent amendment effective March 14, 1986. Succedent emergency amendment effective June 17, 1986. Succedent permanent amendment effective September 9, 1986. Succedent permanent amendment effective December 9, 1986. Succedent emergency amendment effective June 1, 1988. Succedent permanent amendment effective September 13, 1988. Succedent permanent amendment effective January 15, 1992. 660-2-4-.04 Application And Initial Determination Of_Eligibility. (1) An individual must apply for SSI and learn the decision on that application before he can apply for supplementation under OAP, APTD, or AB. The individual's status with SSA for SSI benefits must be cleared prior to accepting a formal application. Human Resources Chapter 660-2-4 Supp. 3/31/95 4-3

If an individual is ineligible for SSI benefits for any reason, he is not eligible for supplementation. (2) An application is a specific written request on the designated agency application form, which has been completed, dated and signed by the applicant, to have eligibility for Supplementation (SUP) determined. An applicant may withdraw the application for SUP at any time without affecting the right to reapply at any time. Eligibility for SUP must be determined initially at application and at other intervals thereafter as provided in 660-2-4-.08, if the applicant is determined eligible. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective March 10, 1986. Permanent amendment effective June 17, 1986. 660-2-4-.05 Definitions: Application Process. The administrative definitions applicable to the application process are as follows: (a) A proper applicant is a competent adult who is physically able to apply for himself or on behalf of a minor (child under 19) or physically or mentally handicapped adult and who has made application for public assistance to the County Department and whose application has not been disposed of by appropriate County Department action. A proper applicant for a minor who is not in foster care or a physically or mentally handicapped adult is the person with whom he lives and who is responsible for his care, or a legal guardian, committee, or other legal representative. When the minor is mentally competent and between 16 and 19 years old with no legally appointed guardian, committee, or other representative, and he is not in the care of another person, he may be the proper applicant for himself. The proper applicant for a minor who is in foster care under supervision of the County or State Department is the County Director or his/her designee. (b) An application is the action taken by an individual in filling out and signing an application form requesting assistance. The application may be new (initial) or it may be a reapplication. (c) An inquiry is a request for information only. An inquiry differs from an application in that the person's intent is to obtain information rather than to receive financial aid. (d) A referral is cleared as an inquiry. It is a request for information, service, or aid in behalf of an individual. It Chapter 660-2-4 Human Resources Supp. 3/31/95 4-4

may be made by an agency, an institution, or another person. The County Department will consider a referral as an inquiry until application is made. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-4-.06 Standard_Of_Promptness. Not more than 45 days in OAP and AB, and not more than 60 days in APTD, shall elapse between the date of application and date the first payment or the notice of denial is mailed. Only the following pending reasons are acceptable for exceeding the standard of promptness: (a) Agency failure to secure needed verification after repeated attempts. To meet this requirement, all efforts to secure the verification must be documented. (b) Client's request that application be continued beyond the standard of promptness in order to provide additional information and/or verification. (c) Failure of client to provide information and verification requested. (d) Administrative emergencies that could not reasonably be controlled by the agency. (Illness and staff vacancies do not meet this definition.) Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective September 9, 1985. 660-2-4-.07 Accrual_Rights. (1) An applicant's right to a money payment accrues on the first day of the month in which his money payment is authorized, provided he was alive and eligible on that day and is eligible on the day the eligibility worker completes the award documents. Payments authorized for the month of application are prorated from the date the application was received. (2) A recipient's right to a money payment accrues on the first day of each month provided he is alive on that date. Human Resources Chapter 660-2-4 Supp. 3/31/95 4-5

Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38; SSA-AT-81-34. History: Effective July 18, 1983. Emergency amendment effective April 1, 1984. Permanent amendment effective June 11, 1984. Succedent emergency amendment effective March 1, 1985. Succedent permanent amendment effective April 11, 1985. Succedent permanent amendment effective October 9, 1985. 660-2-4-.08 Determination Of Continuing Eligibility. The Department must determine the individual's eligibility for continued assistance at any time changes which may affect eligibility are reported by the recipient or collateral sources or when information in the case record appears inconsistent. Additionally, the agreement to provide personal care must be validated at least every 12 months. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective March 1, 1986. Permanent amendment effective May 28, 1986. 660-2-4-.09 Definitions Of Terms (Phrases) Used In Continuing Eligibility. The administrative definitions applicable to the determination of continuing eligibility process are as follows: (a) A recipient is any person who receives a public assistance money payment and/or is certified to the Alabama Medicaid Agency for Medicaid. (b) Determination of continued eligibility is an investigation to determine that a recipient continues to meet all eligibility requirements. (c) Determination of Continued Eligibility Process refers to all of the activities involved in the investigation and determination of continuing eligibility for public assistance. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Emergency amendment effective March 1, 1986. Permanent amendment effective May 28, 1986. Chapter 660-2-4 Human Resources Supp. 3/31/95 4-6

660-2-4-.10 Amount Of Assistance Payment. The amount of assistance payment that a person receives is determined by the kind of care he needs, subject to the funds available. When available funds are expended on current recipients, the State Department may freeze the caseload at the number of persons for whom funds are available. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective September 9, 1985. Emergency amendment effective March 10, 1986. Succedent permanent amendment effective June 17, 1986. 660-2-4-.11 Payee. The individual applying for or receiving assistance will be the payee of the State SUP payment unless a legal guardian or legal representative has been appointed. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-4-.12 Duplicate_Grants. The needs of an individual shall not be considered in more than one grant simultaneously. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-4-.13 Erroneous Payments. Any overpayments whether agency or client error, fraud or nonfraud, must be reported to the State Department. All necessary steps shall be taken to correct underpayments and to recover overpayments, except those due to agency error, including recoupment from current assistance. Author: Human Resources Chapter 660-2-4 Supp. 3/31/95 4-7

Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective July 18, 1983. Amendment effective January 9, 1985. 660-2-4-.14 Advance Notice. (1) A person receiving State SUP must be given or mailed written notification ten days in advance of action to terminate his/her grant or reduce the amount of assistance. In the following situations, ten day advance notice is not necessary, but written notification must be provided to the individual no later than the effective date of action. (2) Exceptions to advance notice: (a) The County Department has factual information confirming the death of the recipient. (b) The County Department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance; and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information. (c) The recipient has been admitted or committed to a public institution. (d) The recipient's whereabouts are unknown and agency mail directed to him has been returned by the Post Office indicating no known forwarding address. The recipient's check must, however, be made available to him if his whereabouts became known before the last day of the month covered by the returned check. (e) The recipient has been accepted for assistance in another county or state and that fact has been established by the County Department previously providing assistance. (f) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization. (g) A special allowance granted for a specific period is terminated and the recipient has been informed in writing at the time of award that the allowance shall automatically terminate at the end of the specified period. (h) The recipient has left, or has been removed from, a foster home, whether or not he will be in another foster home. Chapter 660-2-4 Human Resources Supp. 3/31/95 4-8

Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective December 9, 1983. 660-2-4-.15 General_Eligibility_Criteria. Eligibility on the factors of age, disability, blindness, residence, citizenship, resources, and income is established by Supplemental Security Income (SSI) Program staff based on Title XVI of the Social Security Act. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38; Opinion to Gary Cooper, Commissioner, State Department of Human Resources, under date of September 27, 1979. History: Effective June 28, 1983. Emergency amendment effective March 10, 1986. Permanent amendment effective June 17, 1986. 660-2-4-.16 Eligibility_Factors_Other_Than_Need. A person meeting general eligibility criteria (1) must be certified as needing independent homelife care, formerly personal care in a private home, or foster home licensed or approved by the Department (only for persons who were receiving payment for such care as of September 30, 1986) or (2) must be certified as needing (on or after October 1, 1986) specialized independent homelife care in a private home, or foster home licensed or approved by the Department; and must be receiving benefits under the Elderly/ Disabled Medicaid Waiver Program; and must meet the definition of skilled nursing facility criteria outlined in 660-2-4-.28. The determination of whether an applicant/recipient meets such definition will be made by the Alabama Medicaid Agency after review of the applicant/recipient's medical and social records. Recommendation for care must be made by a legally licensed physician of the person's choice. The applicant/recipient and the provider (as defined in 660-2-4-.29) of care must also sign statements indicating care will be provided and paid for. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective January 9, 1985. Succedent amendment effective July 9, 1985. Succedent permanent amendment effective September 9, 1986. Succedent permanent amendment effective December 9, 1986. Succedent Human Resources Chapter 660-2-4 Supp. 3/31/95 4-9

permanent amendment effective January 9, 1987. Succedent permanent amendment effective January 15, 1992. 660-2-4-.17 Definition Of Independent Homelife Care. Care from someone else to enable a person to live as independently as possible outside a nursing home. Services considered as enabling a person to live as independently as possible include: help with conducting a prescribed exercise routine; changing bandages or dressings on the advice of the physician; administering prescribed medication; assisting in the use of prostheses or ambulation aids; assistance in locomotion; maintaining an acceptable state of cleanliness; maintaining orientation to time, place, and events; reminding of the need for medication, or other health related functions; and performing other activities needed to help a person care for himself when his illness or disability prevents him from adequately doing so. Companionship for pleasure or convenience rather than protection and necessity is not included in this definition. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Succedent permanent amendment effective January 15, 1992. 660-2-4-.18 Care In Cerebral Palsy Treatment Centers. (1) Eligible recipients receiving care in Cerebral Palsy Treatment Centers who were eligible for optional supplementation as of June 1, 1981 may continue to receive a monthly payment to supplement their other income to help pay for the cost of their care and certain basic needs. "Eligible for" includes persons actually receiving APTD in the Center in June 1981, as well as persons who before June 1981 were: 18 years of age or older and in a Cerebral Palsy Treatment Center and had applied for APTD before June 1981 and were later determined eligible. Eligibility continues only for as long as he remains in the Center and receives SSI, or would receive SSI except for income. (An interruption for any length of time in the stay in the Center has no effect on the person's eligibility upon his return to the Center.) (2) The amount of the supplement for persons in Cerebral Palsy Treatment Centers who receive SSI is $196 per month. No separate statement of income/resources nor budget is necessary. Persons who do not receive SSI due to income are eligible for a supplement in the amount of the difference between $196 and the amount of income in excess of the SSI federal benefit rate. Author: Chapter 660-2-4 Human Resources Supp. 3/31/95 4-10

Statutory Authority: Code of Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-4-.19 Need Requirement - General. To be eligible for SUP based on need an individual must be a recipient of Supplemental Security Income through the Social Security Administration. (See Attachments 660-2-4-.19 a and b.) Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective September 9, 1985. Succedent emergency amendment effective January 1, 1986. Succedent emergency amendment effective March 10, 1986. Succedent permanent amendment effective April 24, 1986. Succedent permanent amendment effective June 17, 1986. Succedent permanent amendment effective September 9, 1986. 660-2-4-.20 Resources (Repealed 6/17/86). Author: Statutory Authority: Social Security Act Titles XVI and XIX; P.L. 98-369; 20 C.F.R. 416; 42 C.F.R. 435; 42 U.S.C. 1382 (b); Title XIX State Plan; Code of Ala. 1975, Title 38 and § 35-1-2. History: Effective June 28, 1983. Amendment effective October 9, 1984. Emergency amendment effective January 1, 1985. Succedent permanent amendment effective January 9, 1985. Succedent emergency repealer effective March 10, 1986. Succedent permanent repealer effective June 17, 1986. 660-2-4-.21 Home Property (Repealed 6/17/86). Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. Amendment effective August 9, 1984. Succedent emergency repealer effective March 10, 1986. Succedent permanent repealer effective June 17, 1986. 660-2-4-.22 Income (Repealed 6/17/86). Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. Human Resources Chapter 660-2-4 Supp. 3/31/95 4-11

History: Effective June 28, 1983. Emergency repealer effective March 10, 1986. Permanent repealer effective June 17, 1986. 660-2-4-.23 Medicaid. A non-SSI individual receiving State supplementation is automatically eligible for Alabama Medicaid benefits except for individuals in Cerebral Palsy Treatment Centers. See Chapter 660-2-5. Author: Statutory Authority: 42 C.F.R. 435. History: Effective June 28, 1983. 660-2-4-.24 Referral_To_Social_Services. At any time the worker suspects abuse or neglect of any child or adult, he must immediately refer the case to the appropriate service unit. All persons receiving State supplementation are referred to the service unit when problems or needs of individuals are evidenced or services are desired. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective June 28, 1983. 660-2-4-.25 Social Security Account Numbers. To be eligible for State SUP, an individual must either provide the Social Security account number when known, or apply for a Social Security account number when one has not been assigned, or is unknown or the individual is otherwise unable to provide an accurate account number. Failure of the individual to comply with this requirement will result in ineligibility for State SUP benefits. (a) The worker will assist the client who cannot provide the Social Security account number to secure it through the Welfare Enumeration System. Assistance will not be denied/ delayed/discontinued when the client has applied through the Welfare Enumeration System for a SSN, pending issuance and/or verification. Author: Statutory Authority: Social Security Act Titles XVI and XIX; P.L. 98-369; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. Chapter 660-2-4 Human Resources Supp. 3/31/95 4-12

History: Emergency rule effective April 1, 1985. Permanent rule effective June 10, 1985. 660-2-4-.26 Non-SSI Supplementation (SUP) Recipients. (1) Eligible non-SSI SUP recipients receiving optional supplementation as of March 7, 1986 may continue to receive a monthly payment to supplement their other income to help pay for the cost of their care. Eligibility continues only for as long as all optional supplementation program eligibility requirements as outlined in chapter 660-2-4 are met as well as the requirement of only being ineligible for SSI due to income. (2) Eligibility on the factors of age, disability, blindness, residence, citizenship, resources and income is based on the criteria of Title XVI of the Social Security Act. (3) A separate income and resource determination is necessary in these cases. Persons determined eligible receive a supplement in the amount of the difference in countable income and the amount of the applicable supplement payable dependent upon type of care needed. The individual must not have currently available resources in excess of the maximum established by Title XVI or gross countable income in excess of the limit established by the Alabama Medicaid Agency or total net countable income in excess of the appropriate supplement. (See attachments 660-2-4-.19a and 660-2-4-.26a.) Rules in 20 C.F.R. 416, Subpart K, govern types of countable income and income exclusions. Rules in 20 C.F.R. 416, Subpart L, govern types of countable resources and resource exclusions. The provisions of Title 20, Code of Federal Regulations, Part 416, Subparts K and L, such regulations being in effect October 30, 1972 through April 1, 1984, and as all of the same may be amended, are hereby adopted by reference. A copy of the adopted matter may be found in the attached Appendix A. Author: Statutory Authority: Social Security Act, Title XVI, 20 C.F.R. 416; Code of Ala. 1975, Title 38. History: Emergency rule effective March 10, 1986. Permanent rule effective June 17, 1986. Succedent permanent amendment effective September 9, 1986. Succedent permanent amendment effective December 9, 1986. Succedent emergency amendment effective January 1, 1987. Succedent permanent amendment effective March 11, 1987. Succedent emergency amendment effective January 1, 1988. Succedent permanent amendment effective February 17, 1988. Human Resources Chapter 660-2-4 Supp. 3/31/95 4-13

660-2-4-.27 Definition Of Specialized Independent Homelife Care. Specialized Independent Homelife care includes services incidental to a medical need to assist the functionally impaired individual with personal hygiene, dressing, ambulation, meal preparation, eating, self-administering medications and maintaining a safe and sanitary environment. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of Ala. 1975, Title 38. History: Effective January 9, 1987. Succedent permanent amendment effective January 15, 1992. 660-2-4-.28 Definition Of Skilled Nursing Facility (SNF). (1) Definition. As used in this section, "skilled nursing and skilled rehabilitation services" means services that: (a) Are ordered by a physician; (b) Require the skills of technical or professional personnel such as registered nurses, licensed practical (vocational) nurses, physical therapists, occupational therapists, and speech pathologists or audiologists; and (c) Are furnished directly by, or under the supervision of, such personnel. (d) The beneficiary must require skilled nursing or skilled rehabilitation services, or both, on a daily basis. (2) Criteria for skilled services and the need for skilled services. (a) The service must be so inherently complex that it can be safely and effectively performed only by, or under the supervision of, professional or technical personnel. (b) A condition that does not ordinarily require skilled services may require them because of special medical complications. Under those circumstances, a service that is usually non-skilled may be considered skilled because it must be performed or supervised by skilled nursing or rehabilitation personnel. For example, a plaster cast on a leg does not usually require skilled care. However, if the patient has a preexisting acute skin condition or needs traction, Chapter 660-2-4 Human Resources Supp. 3/31/95 4-14

skilled personnel may be needed to adjust traction or watch for complications. In situations of this type, the complications, and the skilled services they require, must be documented by physicians' orders and nursing or therapy notes. (c) The restoration potential of a patient is not the deciding factor in determining whether skilled services are needed. Even if full recovery or medical improvement is not possible, a patient may need skilled services to prevent further deterioration or preserve current capabilities. (3) Examples of skilled nursing and rehabilitation services. (a) Services that could qualify as either skilled nursing or skilled rehabilitation services. 1. Overall management and evaluation of care plan. The development, management, and evaluation of a patient care plan based on the physician's orders constitute skilled services when, because of the patient's physical or mental condition, those activities require the involvement of technical or professional personnel in order to meet the patient's needs, promote recovery, and ensure medical safety. This would include the management of a plan involving only a variety of personal care services when, in light of the patient's condition, the aggregate of those services requires the involvement of technical or professional personnel. For example, an aged patient with a history of diabetes mellitus and angina pectoris who is recovering from an open reduction of a fracture of the neck of the femur requires, among other services, careful skin care, appropriate oral medications, a diabetic diet, an exercise program to preserve muscle tone and body condition, and observation to detect signs of deterioration in his or her condition or complications resulting from restricted, but increasing, mobility. Although any of the required services could be performed by a properly instructed person, such a person would not have the ability to understand the relationship between the services and evaluate the ultimate effect of one service on the other. Since the nature of the patient's condition, age, and immobility create a high potential for serious complications, such an understanding is essential to ensure the patient's recovery and safety. Under these circumstances, the management of the plan of care would require the skills of a nurse even though the individual services are not skilled. Skilled planning and management activities are not always specifically identified in the patient's clinical record. Therefore, if the patient's overall condition would support a finding that recovery and safety can be assured only if the total care is planned, managed, and evaluated by technical or Human Resources Chapter 660-2-4 Supp. 3/31/95 4-15

professional personnel, it would be appropriate to infer that skilled services are being provided. 2. Observation and assessment of the patient's changing condition. Observation and assessment constitute skilled services when the skills of a technical or professional person are required to identify and evaluate the patient's need for modification or treatment for additional medical procedures until his or her condition is stabilized. For example, a patient with congestive heart failure may require continuous close observation to detect signs of decompensation, abnormal fluid balance, or adverse effects resulting from prescribed medication(s) which serve as indicators for adjusting therapeutic measures. Likewise, surgical patients transferred from a hospital to a skilled nursing facility while in the complicated, unstabilized postoperative period, e.g., after hip prosthesis or cataract surgery, may need continued close skilled monitoring for postoperative complications, and adverse reaction. Patients who, in addition to their physical problems, exhibit acute psychological symptoms such as depression, anxiety, or agitation, etc., may also require skilled observation and assessment by technical or professional personnel to assure their safety and/or the safety of others, i.e., to observe for indications of suicidal or hostile behavior. The need for services of this type must be documented by physicians' orders and/or nursing or therapy notes. 3. Patient education services. Patient education services are skilled services if the use of technical or professional personnel is necessary to teach a patient self-maintenance. For example, a patient who has had a recent leg amputation needs skilled rehabilitation services provided by technical or professional personnel to provide gait training and to teach prosthesis care. Likewise, a patient newly diagnosed with diabetes requires instruction from technical or professional personnel to learn the self-administration of insulin or foot-care precautions, etc. (b) Services that qualify as skilled nursing services. 1. Intravenous, intramuscular, or subcutaneous injections and hypodermoclysis or intravenous feeding; 2. Levin tube and gastrostomy feeding; 3. Nasopharyngeal and tracheostomy aspiration; 4. Insertion and sterile irrigation and replacement of catheters; Chapter 660-2-4 Human Resources Supp. 3/31/95 4-16

5. Application of dressings involving prescription medications and aseptic techniques; 6. Treatment of extensive decubitus ulcers or other widespread skin disorder; 7. Heat treatments which have been specifically ordered by a physician as part of active treatment and which require observation by nurses to adequately evaluate the patient's progress; 8. Initial phases of a regimen involving administration of medical gases; 9. Rehabilitation nursing procedures, including the related-teaching and adaptive aspects of nursing, that are part of active treatment, e.g., the institution and supervision of bowel and bladder training programs. (c) Services which would qualify as skilled rehabilitation services. 1. Ongoing assessment of rehabilitation needs and potential: Services concurrent with the management of a patient care plan, including tests and measurements of range of motion, strength, balance, coordination, endurance, functional ability, activities of daily living, perceptual deficits, speech and language or hearing disorders; 2. Therapeutic exercises or activities: Therapeutic exercises or activities which, because of the type of exercises employed or the condition of the patient, must be performed by or under the supervision of a qualified physical therapist or occupational therapist to ensure the safety of the patient and the effectiveness of the treatment; 3. Gait evaluation and training: Gait evaluation and training furnished to restore function in a patient whose ability to walk has been impaired by neurological, muscular, or skeletal abnormality; 4. Range of motion exercises: Range of motion exercises which are part of the active treatment of a specific disease state which has resulted in a loss of, or restriction of, mobility (as evidenced by a therapist's notes showing the degree of motion lost and the degree to be restored); 5. Maintenance therapy: Maintenance therapy, when the specialized knowledge and judgment of a qualified therapist is required to design and establish a Human Resources Chapter 660-2-4 Supp. 3/31/95 4-17

maintenance program based on an initial evaluation and periodic reassessment of the patient's needs, and consistent with the patient's capacity and tolerance. For example, a patient with Parkinson's disease who has not been under a rehabilitation regimen may require the services of a qualified therapist to determine what type of exercises will contribute the most to the maintenance of his present level of functioning; 6. Ultrasound, short-wave, and microwave therapy treatment by a qualified physical therapist; 7. Hot pack, hydrocollator, infrared treatments, paraffin baths, and whirlpool in particular cases where the patient's condition is complicated by circulatory deficiency, areas of desensitization, open wounds, fractures, or other complications, and the skills, knowledge, and judgment of a qualified physical therapist are required; and 8. Services of a speech pathologist or audiologist when necessary for the restoration of function in speech or hearing. (d) Personal care services. 1. Administration of routine oral medications, eye drops, and ointments; 2. General maintenance care of colostomy and ileostomy; 3. Routine services to maintain satisfactory functioning of dwelling bladder catheters; 4. Changes of dressings for noninfected postoperative or chronic conditions; 5. Prophylactic and pallative skin care, including bathing and application of creams, or treatment of minor skin problems; 6. Routine care of the incontinent patient, including use of diapers and protective sheets; 7. General maintenance care in connection with a plaster cast; 8. Routine care in connection with braces and similar devices; 9. Use of heat as a palliative and comfort measure, such as whirlpool and hydrocollator; Chapter 660-2-4 Human Resources Supp. 3/31/95 4-18

10. Routine administration of medical gases after a regimen of therapy has been established; 11. Assistance in dressing, eating, and going to the toilet; 12. Periodic turning and positioning in bed; and 13. General supervision of exercises which have been taught to the patient; including the actual carrying out of maintenance programs, i.e., the performance of the repetitive exercises required to maintain function do not require the skills of a therapist and would not constitute skilled rehabilitation services (see paragraph (c) of this section). Similarly, repetitious exercises to improve gait, maintain strength, or endurance; passive exercises to maintain range of motion in paralyzed extremities, which are not related to a specific loss of function; and assistance walking do not constitute skilled rehabilitation services. (4) Criteria for "daily basis". (a) To meet the daily basis requirement the following frequency is required: 1. Skilled nursing services or skilled rehabilitation services must be needed and provided 7 days a week; or 2. As an exception, if skilled rehabilitation services are not available 7 days a week those services must be needed and provided at least 5 days a week. (b) A break in one or two days in the furnishing of rehabilitation services will not preclude coverage if discharge would not be practical for the one or two days during which, for instance, the physician has suspended the therapy sessions because the patient exhibited extreme fatigue. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Code of Ala. 1975, Title 38. History: Emergency new rule effective August 14, 1991. Succedent permanent new rule effective November 12, 1991. 660-2-4-.29 Care_Provider_Requirements. Effective February 14, 1992, the care provider of independent homelife care or specialized independent homelife care must be an employee of a certified home health agency or (if the County Health Department does not make homelife services available in the Human Resources Chapter 660-2-4 Supp. 3/31/95 4-19

county or to this individual) an individual who declares in writing that he/she has at least a 6th grade education; is physically and mentally able to provide care as evidenced by a medical statement; has not been convicted of a serious crime; and has not been fired or forced to resign from a position as a care provider due to dereliction of duty. The care provider cannot be of any of the following degrees of relationship to the applicant/ recipient: child, stepchild, adoptive child, son or daughter- in-1aw; parent, stepparent, adoptive parent; spouse; or brother, sister, brother-in-1aw, sister-in-1aw. A certified home health agency is an agency so certified by the Alabama Department of Public Health, Division of Licensure and Certification. Author: Statutory Authority: Social Security Act Titles XVI and XIX; 20 C.F.R. 416; 42 C.F.R. 435; Title XIX State Plan; Code of_Ala. 1975, Title 38. History: Effective January 15, 1992. Succedent emergency amendment effective January 15, 1992. Succedent permanent amendment effective April 10, 1992. Chapter 660-2-4 Human Resources Supp. 3/31/95 4-20

660-2-4-A Appendix A Attachments. APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS (DELETED) Attachment 660-2-4-.03a (DELETED) DEPARTMENT OF HUMAN RESOURCES OLD AGE PENSION SUMMARIZED ELIGIBILITY REQUIREMENTS Human Resources Chapter 660-2-4 Supp. 3/31/95 4-21

APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS (DELETED) Attachment 660-2-4-.03b (DELETED) DEPARTMENT OF HUMAN RESOURCES AID TO THE BLIND SUMMARIZED ELIGIBILITY REQUIREMENTS Chapter 660-2-4 Human Resources Supp. 3/31/95 4-22

APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS (DELETED) Attachment 660-2-4-.03c (DELETED) DEPARTMENT OF HUMAN RESOURCES AID TO THE PERMANENTLY AND TOTALLY DISABLED SUMMARIZED ELIGIBILITY REQUIREMENTS Human Resources Chapter 660-2-4 Supp. 3/31/95 4-23

APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS Attachment 660-2-4-.19a SPECIAL NEEDS OF APPLICANTS AND RECIPIENTS Payment Monthly Amount To Be Maximum Budgeted FCMP Nursing Care (when required) $100.00 $60.00 Nursing Care Supplement $60.00 $60.00 Personal Care Supplement – Level Of Independence “A” $60.00 $60.00 Personal Care Supplement – Level of Independence “B” $56.00 $56.00 Personal Care or Nursing Care Supplement in Foster Care $110.00 $110.00 Care in a Cerebral Palsy Treatment Center (APTD) $196.00 $196.00 Chapter 660-2-4 Human Resources Supp. 3/31/95 4-24

APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS Attachment 660-2-4-.19b BASIC REQUIREMENTS FOR MANDATORY MONEY PAYMENT NURSING HOME CASES Table 4 Basic Requirements OAP APTD AB Clothing $18 $12 $15 Incidentals $19 $10 $17 Personal Care $11 $10 $0 TOTALS $48 $22 $32 Human Resources Chapter 660-2-4 Supp. 3/31/95 4-25

APPENDIX A - CHAPTER 660-2-4 ATTACHMENTS Attachment 660-2-4-.26a FEDERAL BENEFIT RATE (FBR) CHART (Effective January 1, 1995) Gross Income Limit Individual in own home $458.00 $1,374.00 Individual in household of another and receiving support and maintenance $305.34 $916.02 Individual with spouse both in household of another and receiving support and maintenance – (Couple standard) $687.00 $2,748.00 Individual with spouse both in household of another and receiving support and maintenance – (Couple standard) $458.00 $1,832.04 One-half of individual FBR $229.00 One – half of individual FBR Individual in household of another $152.67 Allowance for dependent child $229.00 Individual in nursing home $30.00 Medicare premium $46.10 Reference Only: Author: Statutory Authority: Social Security Act, Title XVI, 20 C.F.R 416; Code of Ala. 1975, Title 38. History: Emergency rule effective March 10, 1986. Permanent rule effective June 17, 1986. Succedent permanent amendment effective September 9, 1986. Succedent emergency amendment effective January 1, 1987. Succedent permanent amendment effective March 11, 1987. Succedent emergency amendment effective January 1, 1988. Succedent permanent amendment effective February 17, 1988. Succedent emergency amendment effective January 1, 1991. Succedent permanent amendment effective April 11, 1991. Succedent permanent amendment effective January 1, 1994. Succedent emergency amendment effective Chapter 660-2-4 Human Resources Supp. 3/31/95 4-26

January 1, 1995. Succedent permanent amendment filed March 7, 1995; effective April 11, 1995. Human Resources Chapter 660-2-4 Supp. 3/31/95 4-27

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-28

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-29

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-30

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-31

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-32

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-33

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-34

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-35

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-36

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-37

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-38

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-39

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-40

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-41

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-42

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-43

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-44

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-45

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-46

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-47

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-48

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-49

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-50

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-51

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-52

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-53

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-54

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-55

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-56

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-57

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-58

Human Resources Chapter 660-2-4 Supp. 3/31/95 4-59

Chapter 660-2-4 Human Resources Supp. 3/31/95 4-60

Author: Statutory Authority: History: Human Resources Chapter 660-2-4 Supp. 3/31/95 4-61