Division of Community Services (Low-Income Energy Assistance Program)

Mississippi Administrative Code

Section: 18-16

Jurisdiction: MS

Bluebook Citation: 18 Miss. Admin. Code Pt. 16

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Title 18: Human Services Part 16: Divisions of Community Services Part 16: Chapter 1: Low-Income Home Energy Assistance Program Rule 16.1 Low-Income Home Energy Assistance Program (LIHEAP) State Plan Source: Miss Code Annotated 43-1-2. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) - FINAL DETAILED MODEL PLAN PUBLIC LAW 97-35, AS AMENDED FISCAL YEAR (FY) 2024 GRANTEE

STATE OF MISSISSIPPI

EIN: ADDRESS

64-6000807 MISSISSIPPI DEPARTMENT OF HUMAN SERVICES DIVISION OF COMMUNITY SERVICES POST OFFICE BOX 352 JACKSON, MISSISSIPPI 39205

NAME OF LIHEAP COORDINATOR: Tina Ruffin E MAIL:

[email protected]

TELEPHONE: (601) 359-4768

FAX:

PLEASE CHECK ONE: TRIBE

STATE

(601) 359-4370

Department of Health and Human Services Administration for Children and Families Office of Community Services Washington, DC 20447 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Use of this model plan is optional. However, the information requested is required in order to receive a Low Income Home Ene rgy Assistance Program (LIHEAP) grant in years in which the grantee is not permitted to file an abbreviated plan. Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

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Section 1 Program Components, 2605(a), 2605(b)(1) – Assurance 1, 2605(c)(1)(C) 1.1

Check which components you will operate under the LIHEAP program. (Note: You must provide information for each component designated here as requested elsewhere in this plan.) Dates of Operation Heating assistance

Start date:

October 1

End date: April 30

Cooling assistance

Start date:

May 1

End date: September 30

Crisis assistance

Start date:

October 1

End date: September 30

Weatherization assistance

Start date:

End date:

Estimated Funding Allocation, 2604(c), 2605(k)(1), 2605(b)(9), 2605(b)(16) – Assurances 9 and 16 1.2

Estimate what amount of available LIHEAP funds will be used for each component that you will operate: The total of all percentages must add up to 100%. 45 % heating assistance 40 % cooling assistance 5 % crisis assistance 0

% weatherization assistance

00 % carryover to the following Federal fiscal year 10 % administrative and planning costs 0 % services to reduce home energy needs including needs assessment (Assurance 16) 00 % used to develop and implement leveraging activities 100_ % TOTAL

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Alternate Use of Crisis Assistance Funds, 2605(c)(1)(C) 1.3

The funds reserved for winter crisis assistance that have not been expended by March 15 will be reprogrammed to: Heating assistance Weatherization assistance Cooling assistance Other (specify): _______________________________

Categorical Eligibility, 2605(b)(2)(A) – Assurance 2, 2605(c)(1)(A), 2605(b)(8A) – Assurance 8 1.4

Do you consider households categorically eligible if one household member receives one of the following categories of benefits in the left column below? Yes No Heating

Cooling

Crisis

Weatherization

SNAP TANF SSI Means-tested veteran’s program Other (Specify): ______________ ______________ 1.5

Do you automatically enroll households without a direct annual application? Yes

1.6

No -- If yes, explain:

How do you ensure there is no difference in the treatment of categorically eligible households from those not receiving other public assistance when determining eligibility and benefit amounts? The benefit matrix determines benefit amounts and does not consider categorically eligible households.

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SNAP Nominal Payments 1.7a

Do you allocate LIHEAP funds toward a nominal payment for SNAP households? Yes

If you answered “Yes” to question 1.7a, you must provide a response to questions 1.7b, 1.7c, and 1.7d. 1.7b

Amount of Minimal Assistance: $___________

1.7c

Frequency of Assistance: Once per year Once every five years Other (describe): ____________________________

1.7d

How do you confirm that the household receiving a nominal payment has an energy cost or need?

Determination of Eligibility – Countable Income 1.8

In determining a household’s income eligibility for LIHEAP, do you use gross income or net income? Gross Income Net Income

1.9

Select all of the applicable forms of countable income used to determine a household’s income eligibility for LIHEAP. Wages Self-employment income Contract income Payments from mortgage or sales contracts Unemployment Insurance Strike pay

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Social Security Administration (SSA) benefits Including MediCare deduction

Excluding MediCare deduction

Supplemental Security Income (SSI) Retirement / pension benefits General Assistance benefits Temporary Assistance for Needy Families (TANF) benefits Supplemental Nutrition Assistance Program (SNAP) benefits Women, Infants, and Children Supplemental Nutrition Program (WIC) benefits Loans that need to be repaid Cash gifts Savings account balance One-time lump-sum payments, such as rebates/credits, winnings from lotteries, refund deposits, etc. Jury duty compensation Rental income Income from employment through Workforce Investment Act (WIA) Income from work study programs Alimony Child support Interest, dividends, or royalties Commissions Legal settlements Insurance payments made directly to the insured Insurance payments made specifically for the repayment of a bill, debt, or estimate 5

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Veterans Administration (VA) benefits Earned income of a child under the age of 18 Balance of retirement, pension, or annuity accounts where funds cannot be withdrawn without a penalty. Income tax refunds Stipends from senior companion programs, such as VISTA Funds received by household for the care of a foster child Ameri-Corp Program payments for living allowances, earnings, and in-kind aid. Reimbursements (for mileage, gas, lodging, meals, etc.) Other

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Section 2 - HEATING ASSISTANCE Eligibility, 2605(b)(2) – Assurance 2 2.1

Designate the income eligibility threshold used for the heating component: FY 2023 state’s median income ____60_____% for all Household sizes

2.2

Do you have additional eligibility requirements for HEATING ASSISTANCE? Yes

2.3

Check the appropriate boxes below and describe the policies for each. Yes

⚫ Do you require an assets test? ⚫ Do you have additional/differing eligibility policies for: •

Renters?

•

Renters living in subsidized housing?

•

Renters with utilities included in the rent?

⚫ Do you give priority in eligibility to: •

Elderly?

•

Disabled?

•

Young children?

•

Households with high energy burdens?

•

Other?

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household. Persons/households residing in public/subsidized housing dwelling unless their rent/mortgage includes utilities and they are not being billed separately for energy cost. Determination of Benefits, 2605(b)(5) – Assurance 5, 2605(c)(1)(B) 2.4

Describe how you prioritize the provision of heating assistance to vulnerable households, e.g., benefit amounts, application period, etc. Recertification for vulnerable households (elderly, disabled, families with small children, or veterans) will be done during the first month of the program year.

2.5

Check the variables you use to determine your benefit levels. (Check all that apply): Income Family (household) size Home energy cost or need: Fuel type Climate/region Individual bill Dwelling type Energy burden (% of income spent on home energy) Energy need Other (Describe) See the LIHEAP Benefit Matrix Attachment. The benefit matrix has maximum amounts. The amounts of the client’s bills can be paid up to the maximum amount. We do not place a minimum on the benefit matrix because the amount of the bill is paid.

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Benefit Levels, 2605(b)(5) – Assurance 5, 2605(c)(1)(B) 2.6

Describe benefit levels: $

1.00

Minimum benefit

$ 1,500

Maximum benefit

Total benefit for year (can be divided between heating, cooling or crisis). 2.7

Do you provide in-kind (e.g., blankets, space heaters) and/or other forms of benefits? Yes

No -- If yes, describe.

Blankets, coats, heating systems, furnaces and other heating, energy-related materials/services may be provided depending on need.

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Section 3: COOLING ASSISTANCE Eligibility, 2605(c)(1)(A), 2605(b)(2) – Assurance 2 3.1

Designate the income eligibility threshold used for the cooling component: FY 2023 state median income ____60_____% for all Household sizes

3.2

Do you have additional eligibility requirements for COOLING ASSISTANCE Yes

3.3

Check the appropriate boxes below and describe the policies for each. Yes

⚫ Do you require an assets test? ⚫ Do you have additional/differing eligibility policies for: •

Renters?

•

Renters living in subsidized housing?

•

Renters with utilities included in the rent?

⚫ Do you give priority in eligibility to: •

Elderly?

•

Disabled?

•

Young children?

•

Households with high energy burdens?

•

Other?

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household. Persons/households residing in public/subsidized housing dwelling unless their rent/mortgage includes utilities and they are not being billed separately for energy cost. 3.4

Describe how you prioritize the provision of cooling assistance to vulnerable households, e.g., benefit amounts, application period, etc. Recertification for vulnerable households (elderly, disabled, families with small children, or veterans) will be done during the first month of the program year.

Determination of Benefits, 2605(b)(5) – Assurance 5, 2605(c)(1)(B) 3.5

Check the variables you use to determine your benefit levels. (Check all that apply): Income Family (household) size Home energy cost or need Fuel type Climate/region Individual bill Dwelling type Energy burden (% of income spent on home energy) Energy need Other (describe) See the LIHEAP Benefit Matrix Attachment. The benefit matrix has maximum amounts. The amounts of the client’s bills can be paid up to the maximum amount. We do not place a minimum on the benefit matrix because the amount of the bill is paid.

Benefit Levels, 2605(b)(5) – Assurance 5, 2605(c)(1)(B 3.6

Describe benefit levels: $

1.00

Minimum benefit

$ * 1,500

Maximum benefit

Total benefit for year (can be divided between heating, cooling or crisis).

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Do you provide in-kind (e.g. fans, air conditioners) and/or other forms of benefits? Yes

No -- If yes, describe.

Fans, air conditioners, cooling systems and other cooling energy-related service may be provided depending on need.

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Section 4: CRISIS ASSISTANCE Eligibility - 2604(c), 2605(c)(1)(A) 4.1

Designate the income eligibility threshold used for the crisis component: FY 2023 state median income ____60_______% for all Household sizes

4.2

Provide your LIHEAP program’s definition for determining a crisis. See Crisis & Emergency Services Attachment

4.3

What constitutes a life-threatening crisis? See Crisis & Emergency Services Attachment. For declared natural disasters, the State will use LIHEAP funds to provide emergency housing for eligible households for up to five days to remove the household from the emergency situation. Households will be referred to other programs such as CSBG and state/local resources to provide other emergency needs to include housing/food/clothing if the home is inhabitable.

Crisis Requirements, 2604(c) 4.4

Within how many hours do you provide crisis assistance that will resolve the energy crisis for eligible households? ____48______ Hours

4.5

Within how many hours do you provide crisis assistance that will resolve the energy crisis for eligible households in life-threatening situations? _____18_____ Hours

Crisis Eligibility, 2605(c)(1)(A) 4.6

Do you have additional eligibility requirements for CRISIS ASSISTANCE? Yes

4.7

Check the appropriate boxes below and describe the policies for each. Yes ⚫ Do you require an assets test? ⚫ Do you give priority in eligibility to: • •

Elderly? Disabled?

•

Young children? 13

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•

Households with high energy burdens?

•

Other?

⚫ In order to receive crisis assistance: •

Must the household have received a shut-off notice or have a near empty tank?

•

Must the household have been shut off or have an empty tank?

•

Must the household have exhausted their regular heating benefit?

•

Must renters with heating costs included in their rent have received an eviction notice?

•

Must heating/cooling be medically necessary?

•

Must the household have non-working heating or cooling equipment?

•

Other?

⚫ Do you have additional/differing eligibility policies for: •

Renters?

•

Renters living in subsidized housing?

•

Renters with utilities included in the rent?

Explanations of policies for each “yes’ checked above: See Eligibility and Benefit Determination Attachment. The applicant should provide either a copy of their lease; a notarized statement from the landlord detailing the heating/cooling arrangement with the client; or contract with the landlord that verifies the heating/cooling arrangement that the landlord has with the household. Persons/households residing in public/subsidized housing dwelling unless their rent/mortgage includes utilities, and they are not being billed separately for energy cost.

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Determination of Benefits 4.8

How do you handle crisis situations? Separate component Fast Track Other

4.9

If you have a separate component, how do you determine crisis assistance benefits? Amount to resolve crisis, up to a maximum of $1,500 depending on the Benefits Matrix amount for the household. See the LIHEAP Benefit Matrix attachment. Other

Crisis Requirements, 2604(c) 4.10

Do you accept applications for energy crisis assistance at sites that are geographically accessible to all households in the area to be served? Yes

4.11

Do you provide individuals who are physically disabled the means to: ◼ Submit applications for crisis benefits without leaving their homes? Yes

No If no, explain.

Case Workers may conduct home visits or they can authorize someone to make an application on their behalf. ◼Travel to the sites at which applications for crisis assistance are accepted? Yes

No If no, explain.

If you answered "No" to both options in question 4.11, please explain alternative means of intake to those who are homebound or physically disabled? Case Workers may conduct home visits, or they can authorize someone to make an application on their behalf.

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Benefit Levels, 2605(c)(1)(B) 4.12

Indicate the maximum benefit for each type of crisis assistance offered. Winter Crisis

Summer Crisis Year-round Crisis

$ $

maximum benefit

*1,500

maximum benefit maximum benefit

Total benefit for year (can be divided between heating, cooling, or crisis). 4.13

Do you provide in-kind (e.g. blankets, space heaters, fans) and/or other forms of benefits? Yes

If yes, describe.

Blankets, coats, heating systems, furnaces and other heating, energy-related materials/services may be provided during the winter. Fans, air conditioners, cooling systems, and other cooling energy-related services may be provided during the summer. 4.14

Do you provide for equipment repair or replacement using crisis funds? Yes

4.15

Check appropriate boxes below to indicate type(s) of assistance provided: Winter Crisis Heating system repair

Summer Crisis

Yearround Crisis X

Heating system replacement

Cooling system repair

Cooling system replacement

Wood stove purchase

Pellet stove purchase Solar panel(s) Windmill(s) Utility poles / Gas line hook-ups Other (Specify): __Meter Bases, Propane Tank Installation/removable____________

X X

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Intervention for vulnerable households can be done until the repair or replacement of units can be completed. Emergency housing in cases of extreme heat or cold, or federal/state declared disaster can be provided up to five days until crisis is solved. Meter bases on homes may be repaired or replaced. 4.16

Do any of the utility vendors you work with enforce a winter moratorium on shut offs? Yes

If you responded “Yes” to question 4.16, you must respond to question 4.17. 4.17

Describe the terms of the moratorium and any special dispensation received by LIHEAP clients during or after the moratorium period. If as of 8:00 a.m. on the day of a scheduled non-pay disconnect, an excessive heat warning or a freeze warning has been issued by the National Weather Service for the county of the scheduled disconnect, such disconnects are suspended.

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Section 5: WEATHERIZATION ASSISTANCE Eligibility, 2605(c)(1)(A), 2605(b)(2) – Assurance 2 5.1

Designate the income eligibility threshold used for the weatherization component: HHS poverty income level ________% for all Household sizes

5.2

Do you enter into an interagency agreement to have another government agency administer a WEATHERIZATION component? Yes No

5.3

Name the agency. _________________________________________________

5.4

Is there a separate monitoring protocol for weatherization?

Yes

WEATHERIZATION - Types of Rules 5.5

Under what rules do you administer LIHEAP weatherization? (Check only one.) Entirely under LIHEAP (not DOE) rules Entirely under DOE WAP (not LIHEAP) rules Mostly under LIHEAP rules with the following DOE WAP rule(s) where LIHEAP and WAP rules differ: (Check all that apply.) Income Threshold Weatherization of entire multi-family housing structure is permitted if at least 66% of units (50% in 2- & 4-unit buildings) are eligible units or will become eligible within 180 days. Weatherization of shelters temporarily housing primarily low income persons (excluding nursing homes, prisons, and similar institutional care facilities) is permitted. Other (describe) Mostly under DOE WAP rules, with the following LIHEAP rule(s) where LIHEAP and WAP rules differ: (Check all that apply.) Income Threshold Weatherization not subject to DOE WAP maximum statewide average cost per dwelling unit.

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Weatherization measures are not subject to DOE Savings to Investment Ratio (SIR) standards. Other (describe) Eligibility, 2605(b)(5) – Assurance 5 Yes 5.6

Do you require an assets test?

5.7

Do you have additional/differing eligibility policies for:

5.8

•

Renters?

•

Renters living in subsidized housing?

Do you give priority in eligibility to: •

Elderly?

•

Disabled?

•

Young children?

•

Households with high energy burdens?

•

Other?

If you selected "Yes" for any of the options in questions 5.6, 5.7, or 5.8, you must provide further explanation of these policies in the text field below. Benefit Levels 5.9

Do you have a maximum LIHEAP weatherization benefit/expenditure per household? Yes

5.10

What is the maximum amount? $___________

Types of Assistance, 2605(c)(1), (B) & (D) 5.11

What LIHEAP weatherization measures do you provide? (Check all categories that apply.) 19

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Weatherization needs assessments/audits

Major appliance repairs

Caulking and insulation

Major appliance replacement

Install storm windows

Install windows/sliding glass doors

Furnace/Heating system modifications/repairs

Install doors (interior/exterior) (if broken)

Furnace replacement

Install water heater

Cooling system modifications/repairs

Water conservation measures

Cooling system replacement

Compact florescent light bulbs

Energy related roof repair

Other (describe)

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Section 6: Outreach, 2605(b)(3) – Assurance 3, 2605(c)(3)(A) 6.1

Select all outreach activities that you conduct that are designed to assure that eligible households are made aware of all LIHEAP assistance available: Place posters/flyers in local and county social service offices, offices of aging, Social Security offices, VA, etc. Publish articles in local newspapers or broadcast media announcements. Include inserts in energy vendor billings to inform individuals of the availability of all types of LIHEAP assistance. Mass mailing(s) to prior-year LIHEAP recipients. Inform low income applicants of the availability of all types of LIHEAP assistance at application intake for other low-income programs. Execute interagency agreements with other low-income program offices to perform outreach to target groups. Other (specify):

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Section 7: Coordination, 2605(b)(4) – Assurance 4 7.1

Describe how you will ensure that the LIHEAP program is coordinated with other programs available to low-income households (TANF, SSI, WAP, etc.) Joint application for multiple programs Intake referrals to/from other programs One-stop intake centers Other – describe: See Coordination of LIHEAP Activities Attachment

The State has one application for four programs – LIHEAP, CSBG, LIHWAP and Weatherization. Therefore, an application may apply for all programs during the intake process. If the weatherization agency is different from the LIHEAP agency, the LIHEAP agency refers to the weatherization agency to complete the assessment for this program. Local agencies offer all programs administered by that agency, especially to the vulnerable populations of elderly, disabled, families with children, and veterans. Local agencies refer applicants to other local offices such as SNAP and TANF if applicant is not currently receiving these services. Also, the department has the Common Web Portal (CWP), households can apply for LIHEAP when they apply for SNAP and Medicaid.

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Section 8: Agency Designation, 2605(b)(6) – Assurance 6 8.1

How would you categorize the primary responsibility of your State agency? Administration Agency Commerce Agency Community Services Agency Energy/Environment Agency Housing Agency Welfare Agency Other – describe:

Alternate Outreach and Intake, 2605(b)(15) – Assurance 15 If you selected “Welfare Agency” in question 8.1, you must complete questions 8.2, 8.3, and 8.4, as applicable. 8.2

How do you provide alternate outreach and intake for HEATING ASSISTANCE? The State Agency also administers the State Welfare Program; however, different divisions administer the LIHEAP and Welfare Programs. The Division of Community Services partners with the Division of Economic Assistance, Division of Child Support, and other divisions within the agency to ensure that low-income elderly, disabled families have access to all eligible services. All eighty-two counties across the state are serviced by qualified Case Manager/Caseworkers that provide outreach and intake services. The typical hours of operation for eligible entities are Monday-Friday from 7:30 am – 6:00 pm.

8.3

How do you provide alternate outreach and intake for COOLING ASSISTANCE? The State Agency also administers the State Welfare Program; however, different divisions administer the LIHEAP and Welfare Programs. The Division of Community Services partners with the Division of Economic Assistance, Division of Child Support, and other divisions within the agency to ensure that low-income elderly, disabled families have access to all eligible services. All eighty-two counties across the state are serviced by qualified Case Manager/Caseworkers that provide outreach and intake services. The typical hours of operations for eligible entities are Monday – Friday from 7:30 am – 6:00 pm.

8.4

How do you provide alternate outreach and intake for CRISIS ASSISTANCE? 23

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The State Agency also administers the State Welfare Program, however, different divisions administer the LIHEAP and Welfare Programs. The Division of Community Services partners with the Division of Economic Assistance, Division of Child Support and other divisions within the agency to ensure that low-income elderly, disabled families have access to all eligible services. All eighty-two counties across the state are serviced by qualified Case Manager/Caseworkers that provide outreach and intake services. The typical hours of operations for eligible entities are Monday – Friday from 7:30 am – 6:00 pm. 8.5.

LIHEAP Component Administration.

8.5a: Who determines client eligibility? 8.5b: Who processes benefit payments to gas and electric vendors? 8.5c: Who processes benefit payments to bulk fuel vendors? 8.5d: Who performs installation of weatherization measures?

Heating CAA CAA

Cooling CAA CAA

Crisis CAA CAA

Weatherization N/A N/A

CAA

N/A

If any of your LIHEAP components are not centrally-administered by a state agency, you must complete questions 8.6, 8.7, 8.87, and, if applicable, 8.9. 8.6

What is your process for selecting local administering agencies? We have chosen agencies based on prior experience administering similar programs such as CSBG. The State sends the Notice of Funding Availability (NOFA) to local agencies to respond and submit a subgrant proposal for review. The subgrant is reviewed by the Division of Community Services and Division of Procurement Services and AGs Office to ensure all fiscal and programmatic requirements are met. The subgrant is sent to the Executive Director’s office for signature after division reviews have been completed and approved.

8.7

How many local administering agencies do you use? 17

8.8

Have you changed any local administering agencies from last year? Yes

8.9

If so, why? 24

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Agency was in noncompliance with grantee requirements for LIHEAP Agency is under criminal investigation Added agency Agency closed Other – describe:

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Section 9: Energy Suppliers, 2605(b)(7) – Assurance 7 9.1

9.2

Do you make payments directly to home energy suppliers? Heating

Yes

Cooling

Yes

Crisis

Yes

Are there exceptions? If yes, describe.

Yes

How do you notify the client of the amount of assistance paid? Agencies must provide written notification to clients regarding the status of their application within 72 hours of approval for services. The notification letter must be scanned into Virtual ROMA and a copy placed into client’s file. In the case of an emergency, this notification should occur within 24 hours of application for services. The person who approves the application in Virtual ROMA should generate the letter. If a client’s application is denied, the agency must provide written explanation with the reason for the denial. The Fair Hearing Process must be included in the letter sent to the client. The person who denies the application in Virtual ROMA should generate the letter.

9.3

How do you assure that the home energy supplier will charge the eligible household, in the normal billing process, the difference between the actual cost of the home energy and the amount of the payment? Vendor Agreements the CAA has with the energy supplier provides this assurance.

9.4

How do you assure that no household receiving assistance under this title will be treated adversely because of their receipt of LIHEAP assistance? Vendor Agreements the CAA has with the energy supplier provides this assurance.

9.5

Do you make payments contingent on unregulated vendors taking appropriate measures to alleviate the energy burdens of eligible households? Yes

No. If so, describe the measures unregulated vendors may take.

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Section 10: Program, Fiscal Monitoring, and Audit, 2605(b)(10) – Assurance 10 10.1. How do you ensure good fiscal accounting and tracking of LIHEAP funds? See Fiscal Accounting and Tracking Requirements attachment. Audit Process 10.2. Is your LIHEAP program audited annually under the Single Audit Act and OMB Circular A-133? Yes

10.3. Describe any audit findings rising to the level of material weakness or reportable condition cited in the A-133 audits, Grantee monitoring assessments, inspector general reviews, or other government agency reviews of the LIHEAP agency from the most recently audited federal fiscal year. Finding Type 1 Financial

Brief Summary Resolved? Strengthen controls to ensure Yes proper review processes for financial reporting.

Action Taken Procedure/Policy changes

Monitoring

In Progress

Procedure/Policy changes

Monitoring

Strengthen controls over OnSite Monitoring for the LowIncome Home Energy Assistance Program (LIHEAP). Strengthen controls over Subrecipient Monitoring to Ensure Compliance with Uniform Guidance Auditing Requirements.

In Progress

Procedure/Policy changes

4 5 10.4. Audits of Local Administering Agencies o What types of annual audit requirements do you have in place for local administering agencies/district offices? Local agencies/district offices are required to have an annual audit in compliance with the Single Audit Act and OMB Circular A-133. 27

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Local agencies/district offices are required to have an annual audit (other than A133). Local agencies/district offices’ A-133 or other independent audits are reviewed by Grantee as part of compliance process. Grantee conducts fiscal and program monitoring of local agencies/district offices. Compliance Monitoring 10.5. Describe the Grantee’s strategies for monitoring compliance with the Grantee’s and Federal LIHEAP policies and procedures by: Grantee employees: Internal program review Departmental oversight Secondary review of invoices and payments Other program review mechanisms are in place. Describe: Local Administering Agencies/District Offices: On-site evaluation Annual program review Monitoring through Central Database Desk reviews Client File Testing/Sampling Other program review mechanisms are in place. Describe: 10.6. Explain, or attach a copy of, your local agency monitoring schedule and protocol. See MDHS Division of Monitoring and DCS (T&TA) attachment 10.7.

Describe how you select local agencies for monitoring reviews? Site Visits: All are monitored. 28

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Desk Reviews: Monthly financial and program reports are reviewed. 10.8. How often is each local agency monitored? Every three (3) years 10.9. What is the combined error rate for eligibility determinations? (OPTIONAL) 10.10. What is the combined error rate for benefit determinations? (OPTIONAL) 10.11. How many local agencies are currently on corrective action plans for eligibility and/or benefit determination issues? None 10.12. How many local agencies are currently on corrective action plans for financial accounting or administrative issues? None

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Section 11: Timely and Meaningful Public Participation, 2605(b)(12) – Assurance 12, 2605(c)(2) 11.1

How did you obtain input from the public in the development of your LIHEAP plan? Check all that apply: Tribal Council meeting(s) Public Hearing(s) Draft Plan posted to website and available for comment Hard copy of plan is available for public view and comment Comments from applicants are recorded Request for comments on draft Plan is advertised (in the Legal Notice) Stakeholder consultation meeting(s) Comments are solicited during outreach activities Other, describe: Draft plan posted by the Secretary of State’s Office for public view and comments. Draft plan is reviewed by DHS Compliance Division.

11.2

What changes did you make to your LIHEAP plan as a result of this participation? None

Public Hearings, 2605(a)(2) 11.3

List the date(s) and location(s) that you held public hearing(s) on the proposed use and distribution of your LIHEAP funds? Date

June 27, 2023 11.4

Event Description Mississippi Department of Human Services, 200 South Lamar St., Jackson, MS 39201, “Zoom Meeting”

How many parties commented on your plan at the hearing(s)? None

11.5

Summarize the comments you received at the hearing(s). None 30

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What changes did you make to your LIHEAP plan as a result of the public hearing(s)? None

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Section 12: Fair Hearings, 2605(b)(13) – Assurance 13 12.1

How many fair hearings did the grantee have in the prior Federal fiscal year? None

12.2

How many of those fair hearings resulted in the initial decision being reversed? None

12.3

Describe any policy and/or procedural changes made in the last Federal fiscal year as a result of fair hearings? None

12.4

Describe your fair hearing procedures for households whose applications are denied. See Fair Hearing Policy Attachment

12.5

When and how are applicants informed of these rights? Clients are informed of the Fair Hearing Process during intake process at the CAA. Upon intake and denial of services, a copy of the Fair Hearing Process is given or will be mailed with the denial letter to the applicant. The process for fair hearings is clearly posted in county offices. The Fair Hearing process is posted on Virtual ROMA so applicants have access during CWP process.

12.6

Describe your fair hearing procedures for households whose applications are not acted on in a timely manner. See Fair Hearing Policy Attachment

12.7

When and how are applicants informed of these rights? Clients are given a copy of the Fair Hearing Process during intake process at the CAA. Upon denial of services, a copy of the Fair Hearing Process is given or will be mailed with the denial letter to the applicant. The process for fair hearings is clearly posted in county offices. The Fair Hearing process is posted on Virtual ROMA so applicants have access during CWP process.

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Section 13: Reduction of home energy needs, 2605(b)(16) – Assurance 16 13.1

Describe how you use LIHEAP funds to provide services that encourage and enable households to reduce their home energy needs and thereby the need for energy assistance? N/A

13.2

How do you ensure that you don't use more than 5% of your LIHEAP funds for these activities? N/A

13.3

Describe the impact of such activities on the number of households served in the previous Federal fiscal year. N/A

13.4

Describe the level of direct benefits provided to those households in the previous Federal fiscal year. N/A

13.5

How many households applied for these services? 0

13.6

How many households received these services? 0

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Section 14: Leveraging Incentive Program, 2607A 14.1

Do you plan to submit an application for the leveraging incentive program? Yes

14.2

Describe instructions to the third parties and/or local agencies for submitting LIHEAP leveraging resource information and retaining records. The State shall participate in the LIHEAP Leveraging Program. The State and local subgrantees will solicit non-federal dollars in order to qualify to compete for leveraging incentive funds. Several organizations, individuals, etc. will be contacted to make cash and in-kind contributions, such as discounts, arrearage forgiveness, fuel funds, credit, volunteer, WX materials, waivers: disconnections, deposits, and reconnect fees, etc. * Leveraged resources/benefits that are counted under criterion (iii) in 45 CFR 96.87(d)(2) must be identified and described in the grantees LIHEAP plan and distributed as indicated in the plan. In addition, leveraging resources/benefits that are counted under criterion (ii) must be carried out under one or more components of the grantee's regular LIHEAP program.

14.3

For each type of resource and/or benefit to be leveraged in the upcoming year that will meet the requirements of 45 C.F.R. § 96.87(d)(2)(iii), describe the following:

Resource What is the type of resource or benefit?

What is the source(s) of the resource?

How will the resource be integrated and coordinated with the LIHEAP program?

Cash and in-kind contributions, such as discounts, arrearage forgiveness, fuel funds, credit, volunteer, WX materials, waivers: disconnections, deposits, and reconnect fees, etc.

Several organizations, individuals

Private sources

Entergy Helping Hands

The State coordinates leveraging with the LIHEAP program to provide consumer education with our clients to encourage them to conserve energy and the disadvantages of getting services interrupted. Leveraging resources also provide additional services to more clients in LIHEAP. Coordination also compliments our budget program in LIHEAP to allow clients to better manage resources. Partnerships donated funds to pay energy related bills

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*Leveraged resources/benefits that are counted under criterion (iii) in 45 CFR 96.87(d)(2) must be identified and described in the grantees LIHEAP plan and distributed as indicated in the plan. In addition, leveraging resources/benefits that are counted under criterion (ii) must be carried out under one or more components of the grantee’s regular LIHEAP program

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Section 15: Training 15.1. Describe the training you provide for each of the following groups: a. Grantee Staff: Formal training on grantee policies and procedures How often? Annually Biannually As needed Other – Describe: Employees are provided with policy manual Other – Describe: b. Local Agencies: Formal training conference How often? Annually Biannually As needed Other – Describe: On-site training How often? Annually Biannually As needed 36

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Other – Describe: Employees are provided with policy manual Other – Describe: c. Vendors Formal training conference How often? Annually Biannually As needed Other – Describe: Policies communicated through vendor agreements Policies are outlined in a vendor manual Other – Describe: 15.2. Does your training program address fraud reporting and prevention? Yes

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Section 16: Performance Goals and Measures, 2605(b) 16.1

Describe your progress toward meeting the data collection and reporting requirements of the four required LIHEAP performance measures. Include timeframes and plans for meeting these requirements and what you believe will be accomplished in the coming federal fiscal year.

The State of MS has updated its centralized client tracking system (Virtual ROMA 2- VR 2) to capture, analyze and submit information regarding energy burden, targeting, restoration/prevention of loss of home energy service. The State successfully submits the LIHEAP Performance Measures Report. We continue to work with APPRISE to analyze report and use data to enhance the LIHEAP program.

There were several enhancements made specifically for LIHEAP: • • • • • • •

LIHEAP Monthly, Quarterly & Annual Report generated and able to be run on the fly by state users. Supplemental Payment Processing Auto allocation of LIHEAP Benefits based on Grant Specifications Executive Report for Households Served Check Reissue Feature Rolling Out August 2023 to streamline process System Alerts or Supplemental Payment Recipients VR2 Notifications

2024 Planned System Enhancements • • • •

• •

NEADA Report Generation Energy Burden Indicator on HH Profile Aging Report CWP Dashboard integration with VR to notify clients about benefits/application status, with full access accounts; o Offer ability to upload documents if missing during intake; ability to request appointments/ appointment letters. Grant Management component to help monitor & alert for budget attainment – spending tracking. Performance Report for Division on stabilized homes during the month to include vulnerable populations (may be Sept 2023)

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Section 17: Program Integrity, 2605(b)(10) 17.1

Fraud Reporting Mechanisms a. Describe all mechanisms available to the public for reporting cases of suspected waste, fraud, and abuse. Online Fraud Reporting Dedicated Fraud Reporting Hotline Report directly to local agency/district office or Grantee office Report to State Inspector General or Attorney General Forms and procedures in place for local agencies/district offices and vendors to report fraud, waste, and abuse. Other – describe: Report to the MDHS – Office of Inspector General b. Describe strategies in place for advertising the above-referenced resources. Printed outreach materials Addressed on LIHEAP application Website - MDHS website Other – describe:

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Identification Documentation Requirements a. Indicate which of the following forms of identification are required or requested to be collected from LIHEAP applicants or their household members.

REQUIRED Type of Identification Collected Social Security Card is photocopied and retained

Social Security Number (without actual card) Government-issued identification card (i.e.: driver’s license, state ID, Tribal ID, passport, etc.) Other:

Collected from Whom? All Adults in All Household Applicant Only HH Members Required Required Required Requested

Requested

Required

Requested

Required

Requested

Required

b. Describe any exceptions to the above policies. Exceptions for newborn children. 17.3

Identification Verification Describe what methods are used to verify the authenticity of identification documents provided by clients or household members. Select all that apply. Verify SSNs with Social Security Administration Match SSNs with death records from Social Security Administration or state agency Match SSNs with state eligibility/management system (e.g., SNAP, TANF) Match with state Department of Labor system Match with state and/or federal corrections system Match with state child support system Verification using private software (e.g., The Work Number) In-person certification by staff 40

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Match SSN/Tribal ID number with tribal database Other – describe: In Person Verification

17.4

Citizenship/Legal Residency Verification What are your procedures for ensuring that household members are U.S. citizens or aliens who are qualified to receive LIHEAP benefits? Select all that apply. Clients sign an attestation of citizenship or legal residency Clients’ submission of Social Security cards is accepted as proof of legal residency Noncitizens must provide documentation of immigration status Citizens must provide a copy of their birth certificate, naturalization papers, or passport Noncitizens are verified through the SAVE system Tribal members are verified through Tribal database/Tribal ID card Other – describe:

17.5

Income Verification What methods does your agency utilize to verify household income? Select all that apply. Require documentation of income for all adult household members Pay stubs Social Security award letters Bank statements Tax statements Zero-income statements Unemployment Insurance letters Other – describe: 41

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Computer data matches: Income information matched against state computer system (e.g., SNAP, TANF) Proof of unemployment benefits verified with state Department of Labor Social Security income verified with SSA Utilize state directory of new hires Other – describe: 17.6

Protection of Privacy and Confidentiality Describe the financial and operating controls in place to protect client information against improper use or disclosure. Select all that apply. Policy in place prohibiting release of information without written consent Grantee LIHEAP database includes privacy/confidentiality safeguards Employee training on confidentiality for: Grantee employees Local agencies/district offices Employees must sign confidentiality agreement Grantee employees Local agencies/district offices Physical files are stored in a secure location Other – describe:

17.7

Verifying the Authenticity of Energy Vendors What policies are in place for verifying vendor authenticity? Select all that apply. All vendors must register with the State All vendors must supply a valid SSN or TIN/W-9 form 42

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Vendors are verified through energy bills provided by the household Grantee and/or local agencies/district offices perform physical monitoring of vendors Other – describe, and note any exceptions to policies above: 17.8

Benefits Policy – Gas and Electric Utilities What policies are in place to protect against fraud when making benefit payments to gas and electric utilities on behalf of clients? Select all that apply. Applicants required to submit proof of physical residency Applicants must submit current utility bill Data exchange with utilities that verifies: Account ownership Consumption Balances Payment history Account is properly credited with benefit Other – describe: Centralized computer system/database tracks payments to all utilities Centralized computer system automatically generates benefit level Separation of duties between intake and payment approval Payments coordinated among other heating assistance programs to avoid duplication of payments Payments to utilities and invoices from utilities are reviewed for accuracy Computer databases are periodically reviewed to verify accuracy and timeliness of payments made to utilities Direct payment to households are made in limited cases only 43

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Procedures are in place to require prompt refunds from utilities in cases of account closure Vendor agreements specify requirements selected above, and provide enforcement mechanism Other – describe: 17.9

Benefits Policy — Bulk Fuel Vendors What procedures are in place for averting fraud and improper payments when dealing with bulk fuel suppliers of heating oil, propane, wood, and other bulk fuel vendors? Select all that apply. Vendors are checked against an approved vendors list Centralized computer system/database is used to track payments to all vendors Clients are relied on for reports of non-delivery or partial delivery Two-party checks are issued naming client and vendor Direct payment to households are made in limited cases only Conduct monitoring of bulk fuel vendors Bulk fuel vendors are required to submit reports to the Grantee Vendor agreements specify requirements selected above, and provide enforcement mechanism Other – describe:

17.10 Investigations and Prosecutions Describe the Grantee’s procedures for investigating and prosecuting reports of fraud, and any sanctions placed on clients/staff/vendors found to have committed fraud. Select all that apply. Refer to state Inspector General Refer to local prosecutor or state Attorney General Refer to US DHHS Inspector General (including referral to OIG hotline)

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Local agencies/district offices or Grantee conduct investigation of fraud complaints from public Grantee attempts collection of improper payments. If so, describe the recoupment process. See Waste, Fraud & Abuse Policy Clients found to have committed fraud are banned from LIHEAP assistance. For how long is a household banned? 1 year (1st offense). Indefinitely (2nd offense).

Contracts with local agencies require that employees found to have committed fraud are reprimanded and/or terminated

Vendors found to have committed fraud may no longer participate in LIHEAP Other – describe:

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Attachments

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ATTACHMENT-TENTATIVE FFY 2024 ALLOCATIONS (These levels are dependent on the Federal LIHEAP award at the FFY 2023 level. Adjustments will be made once the final FFY 2024 awards are known.) Eligible Entities

Allocation

AJFC CAA

$1,667,529

Bolivar Co CAA

$682,171

Central Mississippi

$2,079,864

Coahoma Opportunities

$485,099

Community Action of South MS

$2,410,337

Hinds County HRA

$1,352,215

LIFT

$2,625,600

Madison Co. CSA

$615,470

Mid-State Opportunities

$1,928,270

Multi County CSA

$2,561,931

Northeast MS

$1,531,095

PRVO

$4,080,898

Prairie Opportunity

$2,380,019

South Central CAA

$2,331,508

Southwest MS

$1,021,741

Sunflower-Humphreys Co

$654,884

WWISCAA

$1,910,079

Total

$30,318,710

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FFY 24 ATTACHMENT- POVERTY GUIDELINES

CSBG and LIHEAP applicants must first meet income guidelines to be eligible for assistance. Also, non-elderly/non-disabled clients must be placed in case management. A. CSBG: The income of all household members may not exceed 125% of the federal poverty guidelines as established by Department of Health and Human Services (HHS). B. LIHEAP: The income of all household members may not exceed 60% of the state median income for Mississippi.

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ATTACHMENT-2024 LIHEAP BENEIFIT MATRIX LIHEAP Benefit Matrix (Fuel Types) The LIHEAP Act stipulates that households with high energy costs and needs receive the greatest benefit. LIHEAP Benefits are now capped based on income levels and size of household income. LIHEAP benefits are capped at $1500 per program year.

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Statutory Reference 2605 (b) (5) 2605 (b) (2) 2605 (b) (8) (A) 2605(b) (10) The State assures through Virtual ROMA that it will provide, in a timely manner, the highest level of assistance to those households (with the highest home energy needs which takes into account both the energy burden and the unique situation of the vulnerable population) which have the lowest incomes and the highest home energy cost in relation to income, taking into account family size, except that the State may not differentiate in implementing this section between the households described in the above referenced clauses. The State further assures that it will not differentiate in the treatment of households eligible for services because of their income and as the recipients of TANF, Food Stamps, SSI or certain means-tested veterans program certified as “categorically eligible”. This applies to all LIHEAP components (cooling, heating, crisis and weatherization). The specific measures to ensure there is no difference in eligibility determination and benefit amounts is not to use categorical eligibility in all components. All applicant households must complete the established application process, case management process and eligibility determination. The utilization of Virtual ROMA has resulted in additional fiscal control tracking capabilities for LIHEAP funds by: •

All LIHEAP funds expended must originate via Virtual ROMA.

•

LIHEAP payments only occur based on client services that are in “approved” status in Virtual ROMA. Greater visibility by State to view, monitor and track fiscal process and payment on a statewide basis across agencies. Programmatic staff must work closely with fiscal staff to determine timeframe for payment so that program reports are generated for the specified timeframe and given to fiscal. Fiscal compares, reviews and authorizes payment report before any payment. Any discrepancies identified between Program Reports and the electronic payment files are reconciled by Fiscal and Program before payment occurs. Virtual ROMA prohibits approvals from unauthorized program users and restricts any Fiscal User from the ability to approve client services. Energy vendors who are registered users of Virtual ROMA are able to review their clients’ approved amounts and compare to ensure accuracy of amounts and clients’ accounts.

• • •

• •

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ATTACHMENT- ELIGIBILITY AND BENEFIT DETERMINIATION Statutory Reference 2605 (B) (2) Each applicant household requesting for LIHEAP assistance must complete application process for eligibility determination. Income eligibility is set at or below 60% of the State Median Income guidelines that are in effect at the time of submission of the application. An application is taken on the applicant household by the local subgrantee agencies. All applications must be taken in the Virtual ROMA system. Assistance from another program may also be provided to eligible households, especially those households enrolled in and complying with an established service plan. A household cannot receive more than $1,500 in benefits for the program year unless the State issues supplemental payments. Total benefit for year (can be divided between heating, cooling or crisis). This amount may be adjusted from year to year based on the state’s allocation. An exception will be given to clients in need of a heating/cooling unit. The cost of the unit is not included in the $1,500 maximum benefit amount. Priority is given to the elderly and disabled. Live-in attendants’ income can be excluded if it is determined that (1) the live-in is essential to the care and well-being of the person; and (2) would not be living in the unit except to provide the necessary supportive services.

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ATTACHMENT-COORDINATION OF LIHEAP ACTIVITIES Statutory reference 2605 (b) (4) The State agrees to coordinate its activities under this title with similar and related programs administered by the Federal Government and the State, particularly low-income energy-related programs under Subtitle B of Title VI (relating to Community Services Block Grant Program), under the Supplemental Security Income Program under Part A of Title IV of the Social Security Act, under Title XX of the Social Security Act, under the Low-Income Weatherization Assistance Program, under Title IV of the Energy Conservation and Production Act, or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964, before the date of the enactment of this Act. The Division of Community Services (DCS) of the Mississippi Department of Human Services administers LIHEAP, the Community Services Block Grant (CSBG), Low-Income Household Water Assistance Program (LIHWAP) and the Low-Income Weatherization Assistance Program (WAP). By operating these programs under one division, it provides high potential for enhancing coordination. Also, it minimizes duplication of services between LIHEAP and other related programs under the Social Security Act, the Energy Conservation and Production Act and other related programs which are administered under the Economic Opportunity Act of 1964. A referral mechanism is in place (through the case management approach) to refer to, and receive referrals from other social service providers and energy vendors. LIHEAP clients identified as high energy users due to the poor condition of their homes are referred to the Weatherization Assistance Program, and priority is given to elderly and disabled individuals. Other forms of coordination involves soliciting local funds as leveraging from organizations, individuals, philanthropy agencies and energy vendors. The leveraging funds generated are used to maintain the level of service or to assist additional eligible clients. Subgrantees are encouraged to participate in leveraging local funds to supplement LIHEAP. DCS will use one automated intake application for all the programs (LIHEAP, LIHWAP, WAP, and CSBG), called the Virtual ROMA Tracking System. In addition, each applicant household's case folder (personal data information) is placed in one file known as a single filing system. The one intake application process and single filing system are viable means of coordinating efforts. It has the potential of cost savings. Eligible LIHEAP clients are also approved for LIHWAP at the time of intake since both programs have the same eligibility requirements. MDHS elects to approach recipients of the LIHEAP program in a manner with the goal of assisting those in need of immediate assistance and to assist with the long-term success of the whole family through the use of referrals and assessments.

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FFY 24 ATTACHMENT- CRISIS ASSISTANCE

Statutory reference 2604 (c), 2605 (c) (1) (A) Mississippi offers a year-round crisis assistance component of LIHEAP, entitled the Energy Crisis Intervention Program (ECIP), which provides assistance to low-income households who have encountered a crisis situation within the last 30 days.

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ATTACHMENT-PROGRAM, FISCAL MONITORING AND AUDIT Statutory reference 2605 (b)(10) Fiscal, Accounting and Tracking Requirements The State requires Subgrantees requesting LIHEAP funds to submit Monthly Cost Worksheets in Smartsheet. These Cost Worksheets show expenditures such as Program Assistance (regular), ECIP, Assurance 16 (if budgeted) and Administration. Subgrantees are required to submit Claim Support Forms (to request funds) based on Current Needs. Federal funds made available to the State under this title will disburse administrative and programmatic funds to Subgrantees in accordance with the LIHEAP Statute, and the overall contractual allocation for each subgrantee regulates the maximum allowable expenditures. The expenditures and draw downs are processed in the MDHS-Division of Procurement Services. The SF-425 Federal Fiscal Reports (FFR) are generated in the MDHS – Division of Budgets & Accounting as well as the monthly reports for DCS verification and tracking. Documentation from Virtual ROMA will be required to support costs reflected on Cost Worksheets and Claims Support Forms as a means to adhere to mandates by Division of Monitoring to monitor costs reported. Procedural manuals are in place which covers a range of fiscal and accounting rules and regulations with which Subgrantees must comply. Also, to further account for LIHEAP federal funds, 16 of 17 DCS Subgrantees use the same accounting software, GMS, which allows tracking through Virtual ROMA. It allows easy access in training new personnel, as well as existing personnel in the effective use of the GMS software and DCS requirements. Subgrantees are required to have and submit an annual audit performed annually by an independent Certified Public Accountant. Also, the State complies with the Single Audit Act requirement. The State continuously provides training and technical assistance to the subgrantees on program and fiscal management to enhance program compliance and quality service delivery to eligible households, and special training for new staff to ensure program compliance. Subgrants will be monitored no less frequently than every three (3) years by the Division of Monitoring. Periodic reviews to the subgrantee, both announced and unannounced will be conducted by the Division of Community Services. The Director of Monitoring reviews and approves audit findings and received from the Monitoring Supervisor and provides the draft report for review to the Division of Community Services prior to submitting to the subgrantee. Audit findings are addressed on the monitoring report.

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SINGLE AUDIT MANAGEMENT REPORT AND FINDINGS REPORT

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ATTACHMENT – LETTER OF AUTHORIZATION

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ATTACHMENT – COMPLIANCE MONITORING Division of Monitoring Policy The Division of Monitoring is tasked with ensuring that all subgrants of the Mississippi Department of Human Services (MDHS) are administered in compliance with laws and regulations applicable to Federal financial assistance programs, agency policies and in accordance with the terms of the subgrant agreement and this subgrant manual in its entirety. Monitoring is a review process used in determining a subgrantee’s compliance with the requirements of MDHS and/or Federal programs, adhering to applicable laws and regulations, and measuring progress toward stated results and outcomes. The Division of Monitoring along with the Programmatic Funding Divisions are responsible for oversight of the development of appropriate monitoring instruments specifically designed to ensure compliance with program requirements, cost principles, and federal regulations. MDHS monitoring reviews are performed in accordance with 2 C.F.R. §200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and have the following objectives: 1. Ensure accountability and compliance with applicable Federal and State laws applicable to Federal financial assistance programs; 2. Ensure funds awarded to subgrantees are used for authorized purposes; 3. Ensure compliance with the terms of the subgrant agreement; 4. Identify technical assistance and training needs; 5. Ensure follow-up on issues and implementation of corrective actions; 6. Provide guidance to subgrantees in establishing and maintaining sound business accounting procedures; and 7. Safeguard federal funds against fraud, waste, and abuse. In general, the Subgrant monitoring procedures will consist of the following: 1. Notification of a monitoring review via a schedule letter; 2. Entrance Conference; 3. Examination of fiscal and programmatic requirements; 4. Exit Conference; 5. Initial Findings Letter; 6. Corrective Action Response and/or follow up; 7. Final Decision Letter; and 8. Administrative Hearings as required. Monitoring of fiscal and programmatic requirements includes but is not limited to: 1. Reviewing expenditures to ensure funds are expended in line with the approved budget narrative; 2. Reviewing claims submitted by the Subgrantee; 3. Reviewing documentation supporting expenses reported under MDHS subgrants; 72

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4. Reviewing the subgrantee’s single audit and/or program-specific audit results and evaluating audit findings and the subgrantee’s corrective action plan; and 5. Performing desk and/or on-site reviews of the fiscal and programmatic records and observing subgrantee operations. Monitoring Reviews for Program and Fiscal Compliance The Division of Monitoring will conduct on-site and/or desk reviews of MDHS subgrants for programmatic and fiscal compliance. The reviews may be performed on any subgrant at any time and may be repeated as often as deemed necessary by MDHS. Subgrantees will receive a Schedule Letter as notification of the impending monitoring review fourteen (14) calendar days prior to the monitoring review. The Schedule Letter requests information and documentation from the Subgrantee required to complete the monitoring review. MDHS reserves the right to conduct unannounced reviews at its discretion. Each review will conclude with an exit conference in which the monitor(s) will discuss with the subgrantee signatory official (or designee) and other appropriate staff the preliminary results of the review and whether any documentation remains outstanding. The Division of Monitoring will issue an Initial Findings Letter within thirty (30) calendar days after the exit conference. The monitoring report will provide a description of each finding of noncompliance, identified questioned costs, and any required corrective action(s) to be taken by the subgrantee. If the 30th calendar day falls on the weekend, the report will be issued the following Monday. If due date falls on a State holiday, the report will be issued the following business day. Corrective Action Procedures The Initial Findings Letter is provided to the subgrantee via electronic mail correspondence. The Division of Monitoring uses the current contact information included in the subgrant agreement. It is the responsibility of the subgrantee to notify the Division of Monitoring if the correspondence should be submitted to a different individual within the subgrantee organization. Copies of all correspondence submitted to the subgrantee are also provided to the applicable MDHS Programmatic Funding Division. The subgrantee is required to provide a written response to the Division of Monitoring within thirty (30) calendar days of receipt of the Initial Findings Letter, unless otherwise indicated. Any extensions to provide documentation must be requested in writing and submitted before the final due date. The corrective action plan must be specific and include: 1. A statement of whether the subgrantee agrees with the finding or not. 2. A detailed plan of how the subgrantee will correct each individual finding to prevent this or similar finding in the future or justification for the subgrantee’s disagreement with the finding(s). 3. Any subgrantee documents, forms, policy changes, reports, accounting tools, time sheets, data collection forms, etc. that ensure the subgrantee has corrected the finding(s) 73

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4. If the subgrantee disagrees with a finding(s) identified in the report, detailed documentation must also be submitted to refute the questioned finding(s) and/or costs. 5. If the subgrantee agrees with the findings, the subgrantee must repay funds identified as questioned costs to MDHS. 6. The corrective action plan must be signed by the Authorized Official or designee. (The designee is the person granted permission to sign the Authorized Official’s signature.) The Division of Monitoring will issue a Final Decision Letter based on the corrective action response received from the subgrantee. If findings and/or questioned costs remain unresolved in the Final Decision Letter, and the subgrantee disagrees with the final findings, the subgrantee can appeal the findings. The subgrantee must request a Subgrant Agency Appeal within thirty (30) calendar days from the date of receipt of the Final Decision Letter. Please refer to Title 18 of the Administrative Code, Part 23, Chapter 7, Subgrant Administrative Agency Appeals for more information. Single Audit Requirements Subgrantees must have a single-audit conducted, in accordance with 2 C.F.R. §200.514, by an independent auditor if the Subgrantee expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards. Total federal grant awards not only include those received from the MDHS, but also those received from any other source. As part of its subrecipient monitoring functions, the Division of Monitoring reviews the single audit reports for federal grant subrecipients that receive federal grants from MDHS. This monitoring is done to ensure that federal grants are used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of federal awards, as required by 2 C.F.R. §200.331. The subgrantee must submit the audit report to MDHS by the earlier of thirty (30) calendar days after receipt of the auditor’s reports or nine (9) months from the end of the audit period. In compliance with 2 C.F.R. §200.512, Report Submission, subgrantees must electronically submit a data collection form and the reporting package directly to the Federal Audit Clearinghouse designated by OMB. A subgrantee that expends Federal financial assistance during the subgrant’s fiscal year of: 1. Less than $750,000.00 shall be exempt from Federal audit requirements unless the subgrantee meets a requirement in 2 C.F.R. §200.503. However, the subgrantee must make records available for review by the appropriate officials and cannot constrain in any manner such as a Federal or State agency, from carrying out or arranging audits; 2. 2. $750,000.00 or more under only one (1) Federal program and the Federal program’s statutes, regulations or the terms and conditions of the Federal award do not require a financial statement audit of the subgrant, may elect to have a program-specific audit in accordance with 2 C.F.R. §200.507; or 3. $750,000.00 or more under more than one (1) Federal program shall have an organization wide audit performed in accordance with 2 C.F.R. §200.501(c). 74

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Program-Specific Audit If the subgrantee meets the applicable standard for a program-specific audit, it must follow Generally Accepted Government Auditing Standards (GAGAS) and the program specific audit guide. A listing of current program-specific audit guides can be found in the compliance supplement provided on the Office of Management and Budget website. If a current program specific audit guide is not available, the subgrantee and auditor must have basically the same responsibilities for the Federal program as they would have for an audit of a major program in a single audit. Limited Scope of Audits of Specific Compliance Areas MDHS may engage an independent Certified Public Accountant to perform a Limited Scope Audit of specified MDHS subgrants. The need for this type of review shall be determined on an individual basis and shall be documented by MDHS. The results of this review shall be communicated to the subgrantee and to the applicable MDHS Programmatic Funding Division in a written notice. Discovery of Possible Fraud, Mismanagement, or Program Abuse If an allegation or suspicion of fraud, waste mismanagement, and/or program abuse is discovered while conducting a monitoring review, the subgrantee will be referred to the Office of Inspector General (OIG) for further investigation. Subgrantees shall report any suspected fraud, waste and/or abuse to the Office of Inspector General. The Office of Inspector General accepts tips and complaints regarding potential fraud, waste and/or abuse in the following ways: • • •

Phone – 1-800-299-6905; Email – [email protected]; and MDHS Fraud Tip Form located at https://www.mdhs.ms.gov/report-fraud/.

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Division of Community Services (DCS) Statutory Reference 2605(b)(10) TRAINING & TECHNICAL ASSISTANCE (T&TA) DCS staff uses several tools and checklists to conduct an overall comprehensive review of the agencies’ operations. Throughout both the programmatic and fiscal review process there should be ongoing, open communication with the staff to facilitate clarification of facts and prevent misunderstandings, provide the reviewer with a full understanding of the agencies’ operations, and provide the agency with a full understanding of the review process. Preliminary areas of noncompliance should be summarized and discussed with the Executive Director and/or designated staff during the exit conference. Copies of specific documents, supporting schedules, and reports obtained during the site visit to facilitate preparation of the report should be discussed during the exit conference. The agency is given the opportunity to provide comments and present additional information or explanation regarding a specific finding before it is included in the report. The report should include specific timelines for any required corrective action associated with each finding. Copies of the report should be mailed to agency’s Board and the agency’s Executive Director. A copy should also be provided to the DCS Program Director and Compliance Officer. The agency is required to respond in writing to each of the findings and observations mentioned in the report, including a detailed plan for taking corrective actions and implementing required changes. The initial response is due within 30 days from the date of the report. The agency’s plan for resolution and corrective action will be reviewed by Compliance Team to ensure that all findings have been adequately addressed. In the event an agency is unable or unwilling to correct a specified area of noncompliance within the prescribed timeline, DCS will report the deficiency to MDHS-Inspector General. If MDHS determines that the agency remains noncompliance in a specified area, DCS may contact DHHS to initiate proceedings to terminate the organization’s designation as a Community Action Agency.

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ATTACHMENT-FAIR HEARING PROCESS Statutory Reference 2605(b)(13)

3) Some issues are not subject to fair hearings, in which includes but not limited to, a subgrantee failing to have enough funds for the county that the applicant resides in. In this case, said subgrantee should refer applicant(s) to other social service providers, or use non-federal funds if available. If a county runs out of funds before the end of the program year, said subgrantee must maintain a list of applicants who could not be served. These applicants must receive priority when scheduling appointments at the start of the new program year or if additional funds are awarded. C. Appeal to the Subgrantee Level 1) After having exhausted all channels of resolution with the Executive Director of the Subgrantee, the applicant or recipient must submit a written request for a fair

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hearing to the subgrantee Board of Directors within thirty (30) calendar days that the adverse action occurred. The written request must include the following: a. Name and address of applicant or recipient, b.Name of subgrantee, c. Date of denial notice or adverse action taken, d.Reason for said action, e. Justification stating why action should not be taken, f. Statement requesting a fair hearing, and g.Two (2) signed and dated copies of the request (original and one copy). 2) Upon receipt of the applicant or recipient’s request, the subgrantee Board of Directors must set the date of the fair hearing for the next scheduled board meeting. The fair hearing will be conducted at the discretion of the Board of Directors for the subgrantee. Said board shall render a written decision within five (5) business days of the fair hearing date. D. Appeal to MDHS 1) Written Appeal to MDHS for Fair Hearing: After having exhausted all channels for resolution at the subgrantee level, the applicant or recipient has thirty (30) calendar days from the date of the subgrantee Board of Directors’ decision letter to submit a written request. The written request must include a copy of the original hearing request and the Board of Directors’ decision letter. The request should be submitted to: Mississippi Department of Human Services Director of Administrative Hearings Post Office Box 352 Jackson, Mississippi 39205 2) Notice for the Fair Hearing: The recipient or applicant and subgrantee shall receive written notice of the hearing, in which will include a statement of the date and time the hearing is to be held. The hearing may be held telephonically unless a face-to-face hearing is requested. A fair hearing shall be scheduled within seven (7) calendar days the Director of Administrative Hearings receives a proper written request. 3) Evidence and/or Documents: All documents relating to any pending proceeding must be submitted to the Director of Administrative Hearings Division of MDHS at the address listed above. 4) Informal Disposition: Informal disposition may be made of any case by written stipulation, agreed settlement, consent order, or default. 78

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5) Postponement/Continuance: The hearing officer may grant a postponement or a continuance of the fair hearing for good cause based upon a written, advanced request by either party. 6) Conduct of Fair Hearings: Subject to the hearing officer’s ruling and recommended decision, opportunity must be given to all parties to respond, present evidence, argue all issues involved and call witnesses. A recording of each fair hearing should be made. If a party fails to appear, it may forfeit all rights. 7) Order of Hearing: The hearing officer calls the fair hearing to order; introduces himself/herself and gives a brief statement of the nature of the proceeding; states what documents the record contains; calls for opening statements by each party; questions witnesses at will, and adjourns the fair hearing after all evidence has been presented. During testimony, the applicant, recipient or subgrantee’s representative(s) may question witnesses, cross-examine the other party’s witnesses, and redirect if necessary. 8) Recommended Decisions and Final Decisions The hearing officer shall have the responsibility of preparing a statement summarizing the facts brought out in the fair hearing, indicating the policy governing the issue at hand, and making a recommended decision based on the evidence presented. The recommended decision shall be based only on evidence, testimony, and documents presented at the fair hearing. Following the fair hearing adjournment, the hearing officer will forward, both the record and recommended decision, to the MDHS Executive Director for adoption, modification, or reversal. The final decision of the MDHS Executive Director will be forwarded to the recipient or applicant along with the Executive Director of the subgrantee. The decision of the MDHS Executive Director shall be final and binding. The recipient or applicant has exhausted all administrative appeals after the decision from the MDHS Executive Director has been rendered. E. Appeal to U.S. Department of Health and Human Services 1) If the final MDHS decision is not satisfactory, the applicant or recipient has ten (10) calendar days to submit a written request to U.S. Department of Health and Human Services. Said request should be sent to: Secretary U.S. Department of Health and Human Services Office of Community Services 370 L’Enfant Promenade, S.W., 5th Floor Washington, D.C. 20449 79

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2) The written request must include a copy of the original hearing request, the Board of Directors’ decision letter, and the final decision from MDHS. A decision and/or hearing will be issued and/or conducted based on the discretion of the U.S. Department of Health and Human Services. 3) Note: If at any point during the fair hearings process the original adverse action or denial decision is overturned, the proper actions will be taken by the subgrantee. Source: Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4

Revised: May 2022

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ATTACHMENT - LIHEAP STATE PLAN PERFORMANCE MEASURES The state of MS updated its centralized client tracking system (Virtual ROMA 2 (VR2) to capture, analyze and submit information regarding energy burden targeting, restoration/prevention of loss of home energy service. We signed vendor agreements to include performance language, new performance related fields in VR system to allow collection and reporting of energy information required to produce the performance report and identify high energy users. During the coming federal fiscal year, we plan to accomplish successful targeting of clients with high energy burdens. Additionally, we plan to utilize the benefit targeting/reduction indices to designate users who are high energy and allow for greater LIHEAP benefits and modify our benefit matrix beyond income. We will partner with our top vendors to get performance information more frequently. Presently, we are getting this information on an annual basis. A vendor meeting will be scheduled to discuss results of the Performance Measures Report and to obtain greater participation from all energy vendors. We were able to capture information from the more propane vendors for this year’s report.

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ATTACHMENT- WASTE, FRAUD & ABUSE The Mississippi Department of Human Services has a zero tolerance for the commission or concealment of acts of waste, fraud and abuse. Allegations of such acts will be investigated and pursued to their logical conclusion, including legal action when warranted. A. Waste involves the taxpayers not receiving a reasonable value for money in connection with any government funded activities due to an inappropriate act or omission by players with control over or access to government resources. B. Fraud is a type of illegal act involving the obtaining of something of value through willful misrepresentation or a false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives another so that he acts, or fails to act to his detriment. C. Abuse involves behavior that is deficient or improper when compared with behavior that a prudent person would consider reasonable and necessary business practice given the facts and circumstances. Abuse also includes misuse of authority or position for personal financial interests or those of an immediate or close family member or business associate. D. Types of Waste and Abuse include, but are not limited to: 1) Employee- Omitting client information, ghost clients, charging application fees, former employee having access to software, receiving kickback from vendor, etc. 2) Client- Misrepresenting household size or income, falsifying application, forging documents needed to complete intake, etc. 3) Vendor/Contractor- Charging a higher amount than the lowest allowable, doctoring delivery tickets, providing financial incentive to staff to overlook unallowable charges, double charges, incorrect pricing, etc. E. Reporting Related to Waste, Fraud, and Abuse 1) Employee (MDHS) - Any employee who has knowledge of waste, fraud or abuse, or has a good reason to suspect that such conduct has occurred, shall adhere to this policy. When suspected fraudulent activity, waste, or abuse is observed by, or made known to an employee, the employee shall immediately report the activity to their direct supervisor. If the employee believes that the supervisor is involved with the activity, they shall immediately report the activity to the Division of Community Services’ Director. If the employee believes that the 82

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Division Director may be involved with the activity, the employee shall report the activity to the Office of Inspector General at 1-800-299-6905. 2) Employee (Subgrantee) - Any employee who has knowledge of waste, fraud or abuse, or has a good reason to suspect that such conduct has occurred, shall adhere to the procedure in this policy. When suspected fraudulent activity, waste, or abuse is observed by, or made known to, an employee, the employee shall immediately report the activity to his/her direct supervisor. If the employee believes that the supervisor is involved with the activity, s/he shall immediately report the activity to the Executive Director. If the employee believes that the Executive Director may be involved with the activity, the employee shall report the activity to the Board of Directors. If it is believed that the Board is involved, it shall be reported to the Office of Inspector General at 1-800-299-6905. 3) Client or General Public - DCS cannot compel citizens and clients to report suspected instances of waste, fraud and abuse. DCS, however, strongly encourages citizens and clients to report such. Once management at the subgrantee level or at the state level has been informed of suspected waste, fraud or abuse, management shall provide the client with the established procedures for filing a report. The Office of Inspector General may be contacted at 1-800-2996905. 4) Vendor - Any citizens, customer, vendor or agency that has knowledge of waste, fraud or abuse, or has a good reason to suspect that such conduct has occurred should report the occurrence to the Office of Inspector General at 1-800-299-6905 and may result in an investigation being conducted. 5) A confidential report may be submitted through the Virtual Roma website found on https://virtualroma.mdhs.ms.gov. If the reporting party does not have access to this system, reporting may be completed at the following contact information: Call toll free number: 1-800-299-6905 Fax number: 601- 359- 5047 Address: Office of Inspector General 200 South Lamar Street Jackson, MS 39201 6) Providing specific occurrence details of suspected waste, fraud, and abuse will expedite investigative efforts. There is no requirement to submit identifying information from those who wish to report suspected waste, fraud, and abuse. 7) Tips will be investigated in the order that they have been received with no preference given to those who provided identifying information. 83

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F. Penalties for Substantiated Waste, Fraud, and Abuse- Once an investigation has been completed and reviewed by MDHS Office of Inspector General, penalties may be enforced as follows: 1) Employee - Employees of MDHS or Subgrantee who have been found guilty of waste, fraud and abuse are subject to prosecution and/or recoupment of any benefits provided, following due process as defined in subgrantee regulations and may be terminated. 2) Client - If it is the client’s first offense they will be ineligible for services for an entire year from the date of the decision and benefits recouped. If it is the client’s second offense, they will be disqualified permanently from the program and is subject to prosecution and/or recoupment of any benefits provided, following due process as defined in agency regulations. 3) Vendors and Contractors - Vendors/Contractors suspected of fraud and/or misrepresentation may be suspended from participation and may be subject to prosecution and/or recoupment of any benefits provided, following due process as defined in agency regulations. Source: Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4

Revised: May 2022

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ATTACHMENT-LEGAL NOTICE & PUBLIC COMMENTS Statutory reference 2605 (b) (12) MISSISSIPPI DEPARTMENT OF HUMAN SERVICES DIVISION OF COMMUNITY SERVICES MEMORANDUM

TO:

Veronica Ratliff Division of Procurement Services

FROM:

Nicole McBeath Division of Community Services

DATE:

May 17, 2023

SUBJECT:

Publication of Legal Notice

The Division of Community Services requests that a legal notice concerning the Legislative Public Hearing on the Community Services Block Grant and Low-Income Home Energy Assistance Programs be published in the classified section of the twelve newspapers listed (See attachment). The information should be advertised on May 24, 2023 and June 14, 2023 in each newspaper. Please send us the copies of the newspaper advertisements from three different publishers as soon as they are announced. Should you have any questions, please contact Nicole McBeath at 601-359-4765. TMR:nm Attachments

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FFY 24 LEGAL GRANTS (Block Grants) MISSISSIPPI DEPARTMENT OF HUMAN SERVICES Division of Community Services Legislative Public Hearing

The Mississippi Department of Human Services, Division of Community Services will be conducting the Legislative Public Hearing on the Community Services Block Grant and LowIncome Home Energy Assistance Programs under Title 26 of the Omnibus Budget Reconciliation Act of 1981, as amended. The hearing for the 2024 programs is scheduled for Tuesday, June 27, 2023, at 11:00 am through Zoom meeting by the Mississippi Department of Human Services. Participants can join the Zoom meeting via https://mdhs.zoom.us/j/87131268954?pwd=QVVTY0NpM0lkTFZKWFZPWnBIZTV4Zz09, or through One tap mobile: meeting ID: 871 3126 8954, Passcode: 971254, One tap mobile +13017158592,,87131268954#,,,,*971254# US (Washington DC), or +13052241968,,87131268954#,,,,*971254# US. If lines are busy, please try one of the following numbers, +1 346 248 7799 US (Houston), +1 312 626 6799 US (Chicago), or +1 646 876 9923 US (New York) and the meeting ID: 871 3126 8954, Passcode: 971254. The Community Services Block Grant provides funds for a range of activities to ameliorate the causes and effects of poverty. For Fiscal Year 2024, at least 90 percent of the funds allocated to the State through these grants will be contracted to non-profit community action agencies, migrant seasonal farm worker organizations or community-based organizations that meet the eligibility requirements as described in Section 675 of the Community Services Block Grant Act, as amended. The eligibility requirements for the program are outlined in the application process. The Low-Income Home Energy Assistance Program assists eligible households to pay the costs of home energy bills and other energy-related services, for example, wood, kerosene, electricity, gas, heaters, blankets, fans, and air conditioners. For Fiscal Year 2024, at least 90 percent of the funds allocated to the State through these grants will be contracted to private, nonprofit, and public agencies designated in accordance with Public Law 97-35, as amended. The eligibility requirements for the program are outlined in the application process. Copies of the state plans are available for review at the Mississippi Department of Human Services by calling 601-359-4768 or 1-800-421-0762. Inquiries, comments, or suggestions regarding the block grant plans and/or eligibility requirements must be received on or before July 6, 2023, by the Division of Community Services, P. O. Box 352, Jackson, Mississippi 39205. Public comments will be reviewed before finalizing the 2024 State Plans for these programs.

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FFY 24 Mississippi Department of Human Services Division of Community Services NEWSPAPERS

The Jackson Advocate 115 East Hamilton Jackson, MS 39202

The Clarion Ledger Post Office Box 40 Jackson, MS 39205-0040

The Natchez Democrat Post Office Box 1447 Natchez, MS 39121-39221

The Vicksburg Evening Post Post Office Box 951 Vicksburg, MS 39180

The Commercial Dispatch Post Office Box 511 Columbus, MS 39703

The Northeast MS Daily Journal Post Office Box 909 Tupelo, MS 38801

The Delta Democrat Times Post Office Box 1618 Greenville, MS 38701

10.

The Hattiesburg American Post Office Box 1111 Hattiesburg, MS 39401

The Daily Corinthian Post Office Box 119 Corinth, MS 38834

11.

The Clarksdale Press Registrar Post Office Box 1119 Clarksdale, MS 38614

The Gulf Publishing Company Post Office Box 4567 Biloxi, MS 39535

12.

The Meridian Star Post Office Box 1591 Meridian, MS 39301

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ATTACHMENT- 2024 LIHEAP & CSBG PUBLIC HEARING AGENDA

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ATTACHMENT- VENDOR AGREEMENT FORM

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100

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