Tracking# 2014-00496

FA/P 7/11/14, eff. 9/1/14

[I:/12010302_Submittal]

I:/12010302.doc and

I:/12010302_StakeholderAttachment

(10 CCR 2506-1)

[Instructions: insert the follow paragraph at the end of the Statement of Basis and Purpose section.]

Sections B-4000 through B-4800.4 were repealed in entirety and rewritten as Sections 4.000 through 4.906 and adopted as final following publication at the 7/11/14 State Board meeting (Rule-making# 12-1-3-2), with an effective date of 9/1/2014. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporate by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, State Board Administration.

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[Instructional note: Food Assistance rules B-4000 through B-4800.4 have been struck through in their entirety and have been rewritten and replaced as follows.]

4.000 FOOD ASSISTANCE PROGRAM

4.010 PROGRAM INTRODUCTION

This material sets forth rules, policies, and procedures concerned with eligibility determination and certification of persons who apply to participate in the Food Assistance Program, and, if determined eligible, the requirements concerning the use of Food Assistance benefits. The rules and regulations herein are promulgated in accordance with Program regulations of the United States Department of Agriculture (USDA), 7 CFR 271–274 (2012), as amended, and the State Plan of Operation. The rules contained in this manual do not include any later amendments to or editions of the incorporated material. Copies of 7 CFR Parts 271 through 274 are available for inspection during normal working hours or by contacting: Director, Food Assistance Programs Division, Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203. Electronic copies of 7 CFR parts 271 through 274 may be found by accessing the electronic code of federal regulations at http://www.ecfr.gov.

4.020 USE OF THE FOOD ASSISTANCE MANUAL

Below is a summary of the information contained in each section:

Section 4.000 contains general Program information, confidentiality requirements, and complaint procedures, including complaints regarding alleged discrimination.

Section 4.100 contains Program-specific definitions.

Section 4.200 sets forth policies and procedures for the application and recertification processes. Information contained in this section includes the process of filing an application and recertification, interview requirements, timely processing standards, determination of certification periods, and initial month allotment proration.

Section 4.300 outlines the non-financial criteria a household must meet in order to be eligible for the Program. Non-financial criteria include identity of applicant, Social Security Number (SSN) requirement, residency, household composition, citizenship and non-citizenship status, and work program requirements.

Section 4.400 sets forth the financial criteria a household must meet in order to be eligible for the Program. Financial criteria include gross and net income standards, resource standards, and deductions from income.

Section 4.500 sets forth policies and procedures regarding the verification and documentation of a household’s circumstances.

Section 4.600 outlines a household’s obligation to report changes during the certification period, and how certain changes are handled by the county department.

Section 4.700 sets forth policies and procedures for issuing Food Assistance benefits, including restoration and replacement of issuances.

Section 4.800 outlines the rules and processes regarding claims, appeals, and fraud.

Section 4.900 outlines state and county administrative requirements.

4.030 PURPOSE OF THE FOOD ASSISTANCE PROGRAM

The purpose of the Food Assistance Program is expressed by the United States Congress in Section 2 of the Food and Nutrition Act of 2008, Public Law No. 110-246 (codified at 7 USC 2012). The rules contained in this manual do not include any later amendments to or editions of the incorporated material. Copies of the federal laws are available for inspection during normal working hours or by contacting: Director, Food Assistance Programs Division, Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203.

The Food Assistance Program is designed to promote the general welfare and to safeguard the health and well-being of the nation’s population by raising the levels of nutrition among low-income households.

4.040 USING FOOD ASSISTANCE BENEFITS

Food assistance benefits received by an eligible household may be used at any time by the household or other persons whom the household selects to purchase eligible food for the household. Food Assistance benefits are issued through an Electronic Benefit Transfer (EBT) system in which benefit allotments are stored on an electronic benefit transfer card and used to purchase authorized items at a point-of-sale (POS) terminal. EBT cards shall be presented only to retailers authorized by USDA/FNS to accept food benefit payment for food purchases.

Food Assistance benefits must be used to pay for food currently purchased and cannot be used to pay for foods previously or subsequently secured or to pay back bills owed the grocer. The only exceptions are that Food Assistance benefits may be used to pay for food items such as milk or bakery goods that are delivered to the home on a regular basis, or for advance payment to a non-profit cooperative food venture when food purchased is to be delivered at a later date.

4.040.1 WHERE HOUSEHOLDS CAN USE FOOD ASSISTANCE BENEFITS

A. Specified persons may use their Food Assistance benefits to purchase meals from the following:

1. A meal delivery service approved by the USDA, Food and Nutrition Service (FNS);

2. A communal dining facility for elderly persons and/or SSI households;

3. An authorized drug or alcoholic treatment and rehabilitation center;

4. An authorized public or private, nonprofit group living arrangement facility; and

5. A shelter for battered women and children.

B. Homeless households shall be permitted to use their benefits to purchase prepared meals from an authorized public or private nonprofit provider for homeless persons. A meal provider for homeless persons means a public or private non-profit establishment, including, but not limited to, soup kitchens and temporary shelters which feed homeless persons. In order to be considered a homeless meal provider, the meal provider must be approved as such by the USDA, FNS.

Homeless households may also purchase meals from restaurants if the restaurant offers discounts to homeless households or serves food to homeless households at concessional (reduced) prices, and the restaurant is authorized by the USDA, FNS as a retailer.

4.040.2 ELIGIBLE FOODS

Households can only purchase eligible foods with Food Assistance benefits. Eligible foods include:

A. Any food or food product intended for human consumption, except for alcoholic beverages, tobacco, and hot food, including hot food products prepared by the retailer and sold at above room temperature for immediate consumption.

B. Seeds and plants to grow foods for the personal consumption by eligible household members.

4.050 CONFIDENTIALITY

A. If there is a written request by a responsible member of the household, or it’s currently authorized representative, or a person acting on behalf of the household to review materials contained in the case record, the material and information contained in the case record shall be made available for inspection during normal business hours.

B. The local office shall withhold confidential information, such as the names of persons who have disclosed information about the household without the household’s knowledge, or the nature or status of pending criminal investigations or prosecutions.

C. Use or disclosure of information obtained from a Food Assistance applicant or household or from any state or federal agency included in the Income and Eligibility Verification System (IEVS), including the Internal Revenue Service (IRS), Social Security Administration (SSA) and Colorado Department of Labor and Employment (DOLE) exclusively for the Food Assistance Program, shall be restricted to the following persons:

1. Persons directly connected with the administration or enforcement of the regulations or provisions of the Food and Nutrition Act of 2008, Public Law No. 110-246, as amended, (codified at 7 USC 2012), other federal assistance programs, or federally-assisted state programs which provide assistance on a means-tested basis to low income individuals. The rules contained in this manual do not include any later amendments to or editions of the incorporated material. Copies of the federal laws are available for inspection during normal working hours or by contacting: Director, Food Assistance Programs Division, Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203.

2. Employees of the Comptroller General's office of the United States for audit examination authorized by any other provision of law;

3. Except for IRS information, local, state or federal law enforcement officials for the purpose of investigating an alleged violation of the regulations of Public Law No. 110-246, as amended, (codified at 7 USC 2012). The request shall include the identity of the individual requesting the information and his/her authority to do so, the violation being investigated, and the identity of the person about whom the information is requested;

The agency will provide the address, Social Security Number, and, if available, photographs of any member of a household on request by a federal, state or local law enforcement officer. The officer must furnish the name and notify the agency that the individual is fleeing to avoid prosecution, custody, or confinement after a conviction for a crime or attempt to commit a crime, and that under the law, the crime is a felony (or high misdemeanor in New Jersey). The information will also be provided if the individual has violated a condition of probation or parole imposed under federal or state law. Information will also be provided if the member of the household has information necessary for the officer to conduct an official duty related to a fleeing felon or parole violation;

4. Persons Connected with the Parent Locator Service

Information made available to the Parent Locator Service must be restricted to the recipient or applicant's most recent address and place of employment;

5. Persons directly connected with the administration of the Child Support Program, the Social Security Administration, or agencies in other states in order to assist in the administration of their program, and to the extent IEVS information is necessary for determining eligibility or benefit amounts. IRS information will not be shared;

6. Persons directly connected with the verification of immigration status of non-citizen Food Assistance applicants through the Systematic Alien Verification for Entitlements (SAVE) system, to the extent the information is necessary to identify the individual for verification purposes;

7. School authorities for the purpose of determining which children are from families who participate in the Program. This information is used to determine eligibility for meals under the National School Lunch or Breakfast Program; and,

8. Persons directly connected with the administration or enforcement of programs included in the Income and Eligibility Verification System (IEVS).

Information obtained through the IEVS will be stored and processed so that no unauthorized personnel may acquire or retrieve the information for unauthorized purposes.

All persons with access to information obtained pursuant to the IEVS requirements will be advised of the circumstances under which access is permitted and the sanctions imposed for illegal use or disclosure of the information.

4.060 RIGHT AND OPPORTUNITY TO REGISTER TO VOTE

An applicant for Food Assistance benefits shall be provided the opportunity to register to vote. The county department shall provide to all applicants the prescribed voter registration application.

The county department shall not:

A. Seek to influence the applicant's political preference or party registration.

B. Display any political preference or party allegiance.

C. Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote.

D. Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

4.060.1 Transmittal of Voter Registration Records

A completed voter registration application shall be transmitted to the county clerk and recorder for the county in which the county department is located not later than ten (10) calendar days after the date of acceptance; except that, if a registration application is accepted within five (5) calendar days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk and recorder for the county not later than five (5) calendar days after the date of acceptance.

4.060.2 Confidentiality of Voter Registration Records

Records concerning voter registration and declination to register to vote shall be maintained for two years by the county department, and these records shall not be a part of the Food Assistance case record and are not subject to subpoena. The county department shall ensure the confidentiality of individuals registering or declining to register to vote. A voter registration application completed at the agency is not to be used for any purpose other than voter registration.

4.070 Complaint Requirements

The local office shall, as part of its overall outreach responsibility, publicize the state's complaint system. In addition, the local office shall advise any household wishing to file a complaint of the complaint procedure and offer assistance in filing a complaint, if appropriate.

The State Department shall ensure that information is made available to potential participants, applicants, participants, or other interested persons concerning the complaint system, and the procedure for filing a complaint at the state or county level. Such information shall be made available to potential participants, applicants, and other interested parties through written materials and posters which shall be prominently displayed in all certification and issuance offices.

For complaints of discrimination, refer to 4.060.2 through 4.060.22.

The local office shall make every effort to resolve all complaints, excluding complaints of discrimination, brought to their attention at the local level. However, all complainants shall be informed they have the right to contact the State Department if they are not satisfied with the action taken at the local level.

4.070.1 State and County Department Responsibility

A. The State Department shall maintain records of complaints received. These records will be reviewed on an office-by-office basis at least annually. Any potential or actual patterns of deficiencies identified shall be reported to the State Food Assistance Division coordinator for action or for inclusion, if appropriate, in the state and/or county department’s Performance Improvement Plan.