Bill: SB 226

Hearing: March 8, 10:45 AM

Speaker: Mary Anne Broshek, of Children’s Alliance of NH, and the Governor’s TANF Advisory Council, in support

 

My name is Mary Anne Broshek and I am testifying in support of SB 226.  In 1996 I led the development team for the original Temporary Assistance to Needy Families (TANF) program and served as the administrator of TANF until 2000 and as the Director of the Division of Family Assistance from 2000 – 2004.  I have been involved in TANF and its predecessor, Aid to Families with Dependent Children since 1975 and served as the lead for welfare reform for Governors Sununu and Merrill.  I currently work for the Children’s Alliance of NH and am the co-chair of the Governor’s TANF Advisory Council. I am representing both the Governor’s Council and the Children’s Alliance of NH in my testimony.

 

Overview of TANF

I would like to begin by giving you an overview of what TANF is in NH.  TANF provides financial assistance to low income families with children and has two distinct programs in NH.

 

The Family Assistance Program -cases where no able-bodied parent receives assistance such as when a child lives with a disabled parent or with a grandparent.  As of January 2007 these cases number over 2200 and represent about 40% of all TANF cases.  There is no work requirement for these cases.

 

The NH Employment Program (NHEP) – cases where there is an able bodied parent or relative who is receiving assistance.  These cases have a work requirement, though some exemptions are made, such as when cases include a child under the age of one, and when a parent is disabled of is caring for a disabled family member.  As of January, there were 3,159 NHEP cases of which 1093 were exempt and 353 were sanctioned for non compliance with a work requirement.

 

These are the cases affected by SB 226.

 

What is Behind the Need for Legislative Change

 

Deficit Reduction Act of 2005

After years of proclaimed TANF success and controversial reauthorization proposals, The DRA became law in February of 2006, and TANF was reauthorized with no real debate or discussion. 

 

  • Flexibility- the DRA took away flexibility from the states and put a strong focus on meeting the work participation rate, added federal definitions for work activities, and implemented burdensome verification procedures. 

·         Incentives - removed the financial rewards for high performance.

·         Ignored - the ten years of TANF evaluations that proved the best way to long term self sufficiency was a full array of activities designed to address client needs, remove obstacles to employment, and support the transition to employment.

 

HB 1331

·         Changed focus - Last year’s law, in response to the DRA, changed TANF focus to meeting the participation rate, and away from long-term self-sufficiency.

·         Repeat Federal law – Changed state law to include federal wording on how the participation rate was calculated, and removed the full array of activities that had led to NH flexibility and success.

·         Sanctions were tightened and employment program orientation was made a condition of eligibility. 

·         Lost flexibility - Because of the strong link to federal wording, HB 1331 limited the state’s ability to use a wide variety of approaches to meet the mandates of DRA.

 

What does SB 226 Do and a Review of the Changes

The real goal of TANF in both state and federal law is to move clients to long term self sufficiency through employment.  This goal in state law did not change.

SB 226 is an improved response to the Deficit Reduction Act that reinforces this goal, brings flexibility back into state law, incorporates the incorporates the wisdom obtained from ten years of TANF evaluations and the recommendations of the National Conference of State Legislatures.

SB 226 provides options for DHHS to strengthen the TANF program and establishes accountability.  There are very few new mandates, and a short list can be found in the right pocket of your folder. 

Specific changes under each of the three major categories of changes are shown below.  A full list of changes and the reason for the change is located in the right pocket of your folder. 

 

Flexibility –We know that the TANF federal regulations have not yet been released and that there are currently federal hearings and studies on how DRA has impacted states abilities to run effective TANF programs.  A quote from Senator Max Baucus (D-Montana) “If changes from the budget bill left our welfare laws less effective, Congress needs to know that and make proper adjustments.”

      We also know that states are using innovative programs to increase participation rates while producing successful client outcomes. 

 

·         167:77 a is a new item that describes five different actions that DHHS can take to meet the participation rate rather than rely solely on putting clients into federally defined activities.

·         167:77 e – provides additional flexibility to move cases that cannot meet the participation rate into the state funded program created under 1331 for two parent cases. Examples are cases with disabled clients.  It also allows DHHS to shift two parent cases back to TANF when they meet the participation rate.

·         167:79 III -.  Removes the mandate of employment orientation as a condition of eligibility and makes it optional to allow for changes if the process is not cost effective or does not promote TANF goals.

 

Long Term Self Sufficiency - The Federal work participation rate does not measure whether a program was successful in moving families to self sufficiency and success in meeting that rate does not mean NH has a successful program. 

·         167:77 IV (c) - focuses on the true goal of TANF – to move low income families into jobs and out of poverty so they can support their families without reliance on public assistance.

·         167:85 - clearly states that the goal must be to move families out of poverty while meeting the federal work participation rate.

·         167:77 – requires analysis of caseload changes to ensure that families are not moved off TANF only to have their care assumed by towns and cities using 100% local funds.

·         167:82 V – increases the time frame for level two sanctions from 2 weeks to four weeks so that clients are not moved to a higher level sanction when they are complying

·         167:91 – allows applicants to continue training and post secondary education when they are vocationally specific and approved by DHHS.

 

NCSL recommendations

·         167:77 c – Mandates the use of outcome measures to evaluate program success.  These were previously optional.

·         167:82 V – adds a statement  that sanctions are a tool to increase compliance

·         167:77 I. (a) Increase the ability to meet the participation rate without increasing spending by encouraging full use of MOE opportunities.

·          167:77 (e) Reduces recidivism and increases the state’s participation rate by encouraging additional services to employed clients.

·         167:85 I.and II. and IV- Maximizes state flexibility by removing federal wording and  providing  options for a full array of activities.

·         167:77 I. (d) Using activities to move clients toward self sufficiency – not just to meet the work participation rate and keeping successful state programs regardless of whether they meet federal definitions.

 

Caseload Decrease

Caseload numbers show a decrease of 608 NHEP cases from 10/1/06 through 1/07 which appears to be caused by a 100 case per month decrease in openings.  This is a 16% decrease that needs an explanation.  In all of my years of experience with TANF and AFDC, I have never seen a decrease of this magnitude that was not related to economic recovery.  This bill seeks to address this through a required analysis of caseload decreases and reporting of outcomes to the HHS Oversight Committee.

Fiscal Note

I have reviewed the fiscal note and found a number of areas that need to be addressed.  These areas fall into the following categories:

·         costs assigned to provisions that are optional

·         costs assigned to provisions that are current law

·         costs associated with items that, while not in law, are in DHHS rules

·         computer changes

·         costs based on an assumption that the changes would result in not meeting the participation rate when DHHS has full authority to design the optional program.

 

Summary

I urge you to support SB226 and provide a flexible and reasonable framework to meet the needs of New Hampshire’s low income families while at the same time meeting federal mandates.