Ch 15. APPENDICES

    Ch 15 Outline

  1. 1. LNHA POLICIES AND PROCEDURES – Appendix A
    1. A. Definition of Annual Income
      1. 1) Wage or Salary Income
      2. 2) Non-Farm Self-Employment Income
      3. 3) Farm Self-Employment Income
      4. 4) Interest, Dividends, or Net Rental Income
      5. 5) Social Security Income
      6. 6) Public Assistance Income
      7. 7) Retirement or Disability Income
      8. 8) All other Income
    2. B. Annual Income Shall Not Include
  2. 2. LNHA POLICIES AND PROCEDURES – Appendix B
    1. A. Purpose
    2. B. Scope
      1. 1) Who is Subject to Testing
      2. 2) Method of Testing
      3. 3) Substances Tested For
      4. 4) Confirmation Testing
      5. 5) Dilute Samples
    3. C. Testing Administration
      1. 1) Drug Officers
      2. 2) Employee Consent
      3. 3) Cost and Availability of Testing
    4. D. Testing Procedures
      1. 1) Applicant Testing
      2. 2) Random or Reasonable Cause Testing
      3. 3) Pre-Collection Interviews
      4. 4) Sample Collection
      5. 5) Confidentiality
      6. 6) Chain of Custody
      7. 7) Confirmation Testing
    5. E. Medical review Officer (MRO)
    6. F. Notification
    7. G. Confidentiality
    8. H. Education and Training
  3. 3. LNHA POLICIES AND PROCEDURES – Appendix C
    1. A. Definition of Over-Income
      1. 1) Over-Income Calculation

1. LNHA POLICIES AND PROCEDURES – Appendix A

A. Definition of Annual Income

Annual income is the anticipated total income from all sources received by all of the members of a household (even if temporarily absent) in any twelve-month period Annual income includes, but not limited to:

1) Wage or Salary Income

This includes total money earnings received for work performed as an employee during the calendar year. It includes wages, salary, Armed Forces pay, commissions, tips, piece-rate payments, and cash bonuses earned before deductions were made for taxes, bonds, pensions, union dues, etc.

2) Non-Farm Self-Employment Income

This includes net money (gross receipts minus expenses) from one’s own business, professional enterprise, or partnership. Gross receipts include the value of all goods sold and services rendered. Expenses include costs of goods purchased, rent, heat, light power, depreciation charges, wages and salaries paid business taxes (not personal income taxes), etc.

3) Farm Self-Employment Income

This includes net money income (gross receipts minus operating expenses) form the operation of a farm by a person as an owner, renter or sharecropper. Farming includes all manner of fishing, shrimping, or clamming. Gross receipts include the value of all products sold, government farm programs, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood sand, gravel, etc. Operating expenses include the cost of food, fertilizer, seed, bait, fuel, nets, and other farming supplies, as well as cash wages paid to farmhands, deckhands, depreciation charges, cash rent, interest on farm mortgages, farm building repairs, farm taxes (not state or federal personal income taxes). The value of fuel, food, or other farm products used for family living is not included as part of the net income.

4) Interest, Dividends, or Net Rental Income

This includes interest on savings or bonds, dividends from stockholding or membership in associations, net income from rental property to others and receipts from boarders or lodgers, net royalties, and periodic payments from an estate or trust fund.

5) Social Security Income

This includes railroad retirement insurance checks from the US government, Social Security pensions, survivors’ benefits, and permanent disability insurance payments made by the Social Security Administration prior to deductions for medical insurance. Medicare reimbursements are not included.

6) Public Assistance Income

This shall include:

  1. Supplemental security income payments made by federal or state welfare agencies to low income persons who are 65 years of age or older, blind, or disabled;
  2. Temporary Aid to Needy Families (TANF) payments;
  3. General Assistance.

7) Retirement or Disability Income

This shall include:

  1. Retirement pensions and survivor benefits from a former employer, labor union, or federal, state, county or other government agency;
  2. Disability income from sources such as worker’s compensation, companies or unions, the US Armed Forces, or federal, state, or local government;
  3. Periodic receipts from annuities and insurance;
  4. Regular income from IRA and KEOGH plans.

8) All other Income

This shall include:

  1. Veteran’s Administration payments:
  2. Unemployment Compensation;
  3. Alimony and Child Support;
  4. Contributions received periodically from persons not living in the household;
  5. Military family allotments;
  6. Net gambling winnings;
  7. All other periodic earnings.

B. Annual Income Shall Not Include

  1. Income from employment of minor children living in the household;
  2. Payments received for the care of foster children or foster adults (usually individuals with disabilities, unrelated to the tenant, who are unable to live alone);
  3. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gaining, and settlement for personal or property losses;
  4. Amounts received by the family that are specifically for, in reimbursement of, the cost of medical expenses for any family member;
  5. Income of a live-in aide;
  6. The full amount of student financial assistance paid directly to the student or to the education institution;
  7. Special pay to a family member serving in US Armed Forces who is exposed to hostile fire;
  8. Amounts received under training programs funded by the US Department of housing and Urban Development (HUD);
  9. Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
  10. Amounts received by a participant in other publicly assisted programs which are specifically for, or in reimbursement of out-of-pocket expenses (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program;
  11. Incremental earnings and benefits to any family member resulting from the participation in qualifying state or local employment training programs (including training programs not affiliated with the Lummi Nation). Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training;
  12. Temporary, nonrecurring, or sporadic income (including gifts);
  13. Earnings in excess of $480 for each full-time student 18 years of age or older (excluding the head of household and/or the spouse);
  14. Adopting assistance payments in the excess of $480 per adopted child;
  15. Deferred periodic amounts of Supplemental Security Income and Social Security Benefits that are received in a lump sum amount or in prospective monthly payment;
  16. Amounts received by the family in the form or refunds or rebates under state or local law for property taxes on the dwelling unit;
  17. Amounts paid by a state agency to a family with a developmentally disabled family member living at home to offset the costs of services and equipment needed to keep the developmentally disabled family member at home;
  18. Amounts specifically excluded by any other federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the 1937 American Indian Housing Act. The following types of income are subject to such exclusion:
    1. The value of allotments provided to an eligible household for coupons under the Food Stamp Act of 1977 (or its successor legislation);
    2. Payments to volunteers under the Domestic Volunteer Service Act of 1973
    3. Payments to participants in the AmeriCorps Program;
    4. Payments received under the Alaska Native Claims Settlement Act;
    5. Income derived from certain sub marginal land of the United States that is held in trust for certain Indian tribes;
    6. Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program;
    7. Payments received under programs funded in whole or part under the Job Training Partnership Act;
    8. The first $2,000 of per capita shares received from judgment funds are awarded by the Indian Claims Commission or the Court of Claims or from funds held in trust for an Indian tribe by the Secretary of Interior;
    9. Amounts of Scholarships funded under the Title IV or the Higher Education Act of 1965, including awards under the federal Work Study Program or under Bureau of Indian Affair’s student assistance programs;
    10. Payments received from programs funded under Title V of the Older Americans Act of 1965;
    11. Payments received after January 1, 1989 from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re: Agent Orange product liability litigation;
    12. Payments received under the Maine Indian Claims Settlement Act of 1980;
    13. The value of any childcare provided or arranged (or any amount received as a payment for such or reimbursement of costs incurred for such care) under the Childcare and Development Block Grant Act of 1990;
    14. Refunds received from the Federal Earned Income Tax Credit.

2. LNHA POLICIES AND PROCEDURES – Appendix B

A. Purpose

The Lummi Housing Authority serves a vital need of the Lummi community. In addition to providing community members with a roof and walls, Lummi Housing must provide community members with a health and safe living environment. Unfortunately, the use of illegal drugs is a severe problem in the Lummi community and poses a direct threat to the health and safety of participants in Lummi Housing Programs. To combat this scourge, and enforce the Lummi Housing Policies and Procedures, Lummi Housing shall perform drug tests according to the following policies.

B. Scope

1) Who is Subject to Testing

All applicants, 16 years of age or older, who are selected for participation in Lummi Housing Homeownership or Rental Programs shall undergo drug screening in order to ensure their suitability for participation. Additionally
Lummi Housing will conduct random drug screenings on participants who Lummi Housing reasonably suspects of illegal drug use. The testing shall be performed by a facility certified by Lummi Housing and paid for (unless otherwise specified herein) by Lummi Housing.

2) Method of Testing

Under this policy, a drug test shall consist of a urinalysis, an oral strip test, or any other method accepted and used in the medical community.

3) Substances Tested For

Testing facilities shall screen for the following drugs: THC (marijuana), Cocaine and metabolites, Amphetamines and metabolites, Opiates, PCP (Phencyclidine), Benzodiazepines, and Oxycodone (Oxycontin). Lummi Housing reserves the right to test for other illegal substances upon reasonable suspicion of use and to expand this list as more refined testing procedures become available.

4) Confirmation Testing

All samples that initially test positive shall be automatically subjected to confirmation testing.

5) Dilute Samples

Any testee who provides a non-medically explainable dilute sample shall, at their own cost, undergo a second test. A second consecutive dilutes sample shall be treated as “positive.” Any subsequent random tests shall be at the cost of Lummi Housing.

C. Testing Administration

1) Drug Officers

The Lummi Housing Director shall designate Drug Offices from Lummi Housing staff. The Drug Officer(s) shall be the point of contact for individuals subject to testing and shall be responsible for providing notice of procedures and possible consequences to Lummi Housing applicants and participants, giving the right to further testing at the testee’s expense, obtaining and giving notice of testing results, and documenting all actions taken in regards to testing. The Drug Officer must maintain confidentiality at all times and shall only share information with other Lummi Housing staff on a “need to now” basis.

2) Employee Consent

No drug testing may be administered without first giving the applicant or participant notice of their right to refuse such testing and the consequences of such refusal, the consequences of a positive result, and written consent of the person subject to testing.

3) Cost and Availability of Testing

  1. Initial and Subsequent Testing
    Lummi Housing shall bear the cost of all initial and confirmation testing.
  2. Contemporaneous Testing
    At the time of testing, the testee may have a contemporaneous sample drawn and have it independently tested at a facility chosen by the testee and certified by Lummi Housing. Lummi Housing shall establish a list of certified facilities and shall make the list available to testees at the time of testing. This testing shall be performed at the cost of the testee.

D. Testing Procedures

1) Applicant Testing

All applicants subject to this policy shall be given full notice of testing requirements and procedures, as well as the consequences of refusal to submit to testing or a positive result. Prior to processing of an application, Lummi Housing shall give all applicant testees a date, time, and place at which to appear (by use of their own transportation) for the purposes of testing. All testees shall be required to present photo identification to the testing resides outside of Whatcom County, WA, another test site shall be located by Lummi Housing and used at no cost to the testee.

2) Random or Reasonable Cause Testing

When it is determined that a participant must be tested, they shall be informed by a Lummi Housing Drug Office as to whether the test is based on a random selection or reasonable cause. They shall also be informed of the consequences of refusal to submit to testing or a positive result. Testees will be informed of the place the testing is to take place and that they must submit their testing sample and provide proof of such to Lummi Housing within 24 hours after the notification.

  1. Reasonable Cause:
    Reasonable cause for drug testing means facts, circumstances, physical evidence, physical signs and symptoms, or a pattern of performance and/or behavior that would cause a person to reasonably conclude that they may have engaged in drug use. Examples of reasonable case include, but are not limited to:

    1. Physical symptoms consistent with drug use:
    2. Evidence of illegal substance use, possession, sale, or delivery;
    3. Physical altercations and assaults, erratic or violent behavior, or severe mood swings resulting in angry outbursts.

3) Pre-Collection Interviews

Prior to the administration of a drug test, the testee shall be interviewed by the testing facility’s staff to determine whether the testee has taken any form of medication that may result in a positive test result.

4) Sample Collection

The testing facility’s staff shall conduct all sample collection. Such personnel shall be trained and shall perform all test/collections in accordance with standard clinical/medical procedures.

5) Confidentiality

The testing facility shall take all steps necessary to insure testee privacy and confidentiality. After collection, the sample is to be properly sealed and Labeled to reflect the testee’s identify. As well as the time and date of collection.

6) Chain of Custody

The testing facility shall keep a record of all individuals who handle each sample to insure proper chain of custody is maintained.

7) Confirmation Testing

Where, upon first analysis, a sample is determined to be positive for the presence of drugs, the laboratory shall automatically subject that sample to confirmation testing. The testing laboratory shall retain all samples confirmed as positive for one year from the date of testing.

E. Medical review Officer (MRO)

The Medical Review Officer is a physician knowledgeable about drugs. The MRO will be the sole recipient of positive testing laboratory results. The MRO will verify that the results are reasonable. That review may include:

  1. Review of the information provided by the employees at the collection interview.
  2. Affording the individual employee an opportunity to discuss the test results with the MRO.
  3. Requesting, as needed and after patient authorization, medical records to verify information obtained.
  4. Determining whether there is a legitimate medical explanation for the results, including legally prescribed medication.

F. Notification

  1. The MRO will report each test result exclusively to the Lummi Housing Drug Officer.
  2. The MRO may release the results to a party other than the authorized Lummi Housing personnel only when the testee signs an authorization for the release to the identified person.
  3. The Lummi Housing Drug Officer shall notify all testees with positive test results of their rights and responsibilities as soon as practicable after receipt of the test results.

G. Confidentiality

  1. All drug testing information regarding specific individuals, including but not limited to interviews, reports, statements, memoranda, and test results, written or otherwise, shall remain strictly confidential. Release shall only be
  2. Made in accordance with federal confidentiality statues and in the parameters of this policy.
    All drug test results will be regarded as medical data and shall not be filed in a testee’s Housing file. The status of testee’s drug test results shall be shared with Lummi Housing on a “need to know” basis.

H. Education and Training

Every applicant and participant will be required to read this policy and sign a statement to that effect. Lummi Housing will conduct an orientation to this policy for all applicants and participants.

3. LNHA POLICIES AND PROCEDURES – Appendix C

A. Definition of Over-Income

According to Chapter 2, Section V, 10% of Lummi Housing NAHASDA funds shall be available on a first-come, first-served basis to assist individuals who exceed income eligibility criteria. Participants are considered over-income if their combined yearly gross income exceeds 80% of the median income for the County based family size. These over-income participants’ rent will be calculated at a different rate than that of the low-income participants. Over-income rental amounts will be calculated as follows:

1) Over-Income Calculation

  1. Refer to the Income Limits Sheet and locate the 80% for the number of bedrooms required (within income limits).
  2. Divide #1 (the Income Limit) and divide it by 12 months. This will equal the ceiling monthly income at the 80% limit.
  3. Multiply the ceiling monthly income by 30%. This will equal the Low-Income Monthly Percentage within income limits.
  4. Start a new calculation: Figure out the Gross Income (pay rate x hours x weeks).
  5. Divide the Gross Income by 12 months. This will equal the Monthly Income.
  6. Multiply the monthly Income by 3%. This will equal the Over-Income Monthly Percentage.
  7. Start a new calculation: Divide #6 (the Over-Income Monthly Percentage) by #3 (the Low-Income Monthly Percentage). This will equal the difference between the monthly percentages.
  8. Multiply #7 (the difference between monthly percentages) by the Ceiling Rent for the number of bedrooms required (refer to the Income Limits Sheet). This will equal the Over-Income Rent Amount.
  9. Subtract the Ceiling Rent (refer to the Income Limits Sheet) from the Over-Income Rent Amount. This will equal the difference in rental amounts.
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