CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Family Support

(Amendment)

 

††††† 921 KAR 3:030. Application process.

 

††††† RELATES TO: KRS 116.048, 7 C.F.R. 273.2, 273.10,[42 U.S.C. 1973gg-5,] 7 U.S.C. 2020(e)(2)(B)(ii), (iii), (iv), 42 U.S.C. 1973gg-5, 2000d, Pres. EO 13166

††††† STATUTORY AUTHORITY: KRS 116.048(1), 194A.050(1), 7 C.F.R. 271.4, 7 U.S.C. 2020(e)(2)(B), 7 U.S.C. 2011-2029, 42 U.S.C. 1973gg-5

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. 7 U.S.C. 2011 to 2029 and 7 C.F.R. 271.4 authorize the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) and prescribes the manner in which the program shall be implemented. 7 U.S.C. 2020(e)(2)(B) requires the cabinet to develop a uniform application process. KRS 116.048(1) designates the cabinet as a voter registration agency in accordance with 42 U.S.C. 1973gg-5. This administrative regulation establishes the application and the voter registration processes used by the cabinet in the administration of the SNAP.

 

††††† Section 1. Right to Apply or Reapply. (1) An individual shall have the right to apply or reapply for SNAP benefits on the same day that the household first contacts the Department for Community Based Services (DCBS) office in person during office hours.

††††† (2) The cabinet shall make the application process readily accessible to a household.

††††† (3) In accordance with the procedures described in 920 KAR 1:070, interpreter services shall be provided for a person who is:

††††† (a) Deaf; or

††††† (b) Hard of hearing.

††††† (4) In accordance with 42 U.S.C. 2000d and Presidential EO 13166, interpreter services shall be provided for a person who is Limited English Proficient.

††††† (5) An application shall be considered filed if:

††††† (a) A FS-1, Application for SNAP, containing the name, address, and signature of the applicant is received by a DCBS office; or

††††† (b) Application for benefits and another public assistance program is made in accordance with 921 KAR 2:040 and Section 6 of this administrative regulation.

††††† (6) An application shall be processed after the:

††††† (a) Applicant or representative is interviewed;

††††† (b) Required information and verification for the application is provided to the DCBS office; and

††††† (c) Application and related documents are received by the DCBS office, as specified in Section 3(1) of this administrative regulation.

 

††††† Section 2. Who May Sign an Application. An application for SNAP shall be signed by:

††††† (1) An adult or emancipated child who is a responsible member of the household; or

††††† (2) The household's authorized representative.

 

††††† Section 3. Where an Application is Filed. (1) Except as provided in subsection (2) of this section, an application shall be filed in any DCBS office.

††††† (2) A concurrent application for Supplemental Security Income (SSI) and SNAP shall be filed in the service area office of the Social Security Administration.

 

††††† Section 4. Prompt Action on an Application. The cabinet shall provide an eligible household that completes the initial SNAP application process an opportunity to participate as soon as possible. The cabinet shall not provide an opportunity to participate later than:

††††† (1) Thirty (30) days after the application is filed for a household ineligible for expedited services; or

††††† (2) The fifth calendar day following the date an application is filed for a household eligible for expedited services.

 

††††† Section 5. Expedited Service. The cabinet shall provide expedited services to a household that is eligible in accordance with 7 C.F.R. 273.2(i).

 

††††† Section 6. Public Assistance Application Process. (1) A household in which every member is applying for Kentucky Transitional Assistance Program (KTAP) shall be allowed to simultaneously apply for SNAP benefits. A single interview shall be conducted for both programs.

††††† (2) Time standards specified in Section 4 of this administrative regulation shall not apply to a public assistance application. A public assistance application shall be governed by the time standards specified in 921 KAR 2:035, Section 3 [4].

††††† (3) A household in which every member receives, or is authorized to receive, SSI shall be considered categorically eligible unless:

††††† (a) The entire household is institutionalized;

††††† (b) A household member is ineligible due to a drug-related felony conviction;

††††† (c) A household member is disqualified due to an intentional program violation specified in 921 KAR 3:010; or

††††† (d) The head of the household is disqualified for failure to comply with the work requirements specified in 921 KAR 3:042.

††††† (4) A household in which any member receives, or is authorized to receive cash, in-kind, or other benefits funded under Temporary Assistance for Needy Families Block Grant (TANF) shall be considered categorically eligible unless:

††††† (a) The entire household is institutionalized;

††††† (b) A household member is ineligible due to a drug-related felony conviction;

††††† (c) A household member is disqualified due to an intentional program violation specified in 921 KAR 3:010; or

††††† (d) The head of household is disqualified for failure to comply with the work requirements specified in 921 KAR 3:042.

††††† (5) If verified by the program or service conferring categorical eligibility status, a categorically eligible household shall not be required to verify the following eligibility factors:

††††† (a) Resources;

††††† (b) Gross and net income;

††††† (c) Social Security number;

††††† (d) Sponsored alien information; and

††††† (e) Residency.

 

††††† Section 7. Joint SSI and SNAP Application Process. A household in which every member is an applicant or recipient of SSI shall be allowed to simultaneously apply for both SSI and SNAP as specified in Section 3(2) of this administrative regulation.

 

††††† Section 8. Voter Registration. (1) In accordance with KRS 116.048 and 42 U.S.C. 1973gg-5, a SNAP applicant or recipient shall be provided the opportunity to complete an application to register to vote or update current voter registration if the applicant or recipient is:

††††† (a) Age eighteen (18) or over; and

††††† (b) Not registered to vote or not registered to vote at his current address.

††††† (2) PAFS-706, Voter Registration Rights and Declination, shall be utilized to document a SNAP applicant or recipient's choice to:

††††† (a) Register to vote;

††††† (b) Not register to vote; or

††††† (c) Indicate that they are currently registered to vote.

††††† (3) A voter registration application shall be completed if a SNAP applicant or recipient wants to:

††††† (a) Register to vote; or

††††† (b) Update voter registration to provide a new address.

††††† (4) The voter registration process shall not apply to an individual not included in the assistance application, such as an authorized representative.

††††† (5) All information utilized in the voter registration process shall remain confidential and be used only for voter registration purposes.

††††† (6) The State Board of Elections shall approve the application to register to vote and send a confirmation or denial notice to the voter registration applicant.

 

††††† Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "FS-1, Application for SNAP", 9/14[edition 3/13]; and

††††† (b) "PAFS-706, Voter Registration Rights and Declination", [edition] 8/10.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

TERESA C. JAMES, LCSW, Commissioner

AUDREY TAYSE HAYNES, Secretary

††††† APPROVED BY AGENCY: May 7, 2014

††††† FILED WITH LRC: May 8, 2014 at 2 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on June 23, 2014, at 9:00 a.m. in the Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by June 14, 2014, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until close of business June 30, 2014. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone 502-564-7905, fax 502-564-7573, tricia.orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Elizabeth Caywood

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the application and the voter registration processes used by the cabinet in the administration of the Supplemental Nutrition Assistance Program (SNAP).

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish uniform application standards for SNAP.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes by establishing an application process for SNAP.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the administration of the statues by establishing procedures used by the cabinet in the administration of SNAP.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation will revise material incorporated by reference, FS-1, Application for SNAP, to comply with federal regulations by updating the nondiscrimination statement as required by the U.S. Department of Agriculture, Food and Nutrition Service (FNS), Office of Civil Rights. Technical corrections were also made in accordance with KRS Chapter 13A.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary to ensure the nondiscrimination statement included on incorporated material conforms to federal requirements. FNS revised the nondiscrimination statement in 2013. If the incorporated material does not conform, the state risks corrective action up to and including federal penalties and sanctions.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the authorizing statutes through its congruency with federal requirements.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment to this administrative regulation will assist in the effective administration of the statutes by assuring compliance with federal requirements and affording public assistance recipients with adequate notice of their rights regarding nondiscrimination.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All SNAP recipients and potential applicants are affected by this administrative regulation. Approximately 825,684 individuals in 398,545 households participated in SNAP in Kentucky during February 2014. In March 2014, over 47,000 SNAP applications were received.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment will not require any additional actions on the part of SNAP applicants or recipients.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The amendment to this administrative regulation will not impose a new cost or burden to the regulated entities.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): As a result of this amendment, regulated entities will have their rights to nondiscrimination and methods to report suspected discrimination clearly outlined, in accordance with federal requirements, within this administrative regulationís incorporated material.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: The amendment to this administrative regulation is technical and conforming in nature and does not have a new initial cost to the administrative body.

††††† (b) On a continuing basis: The amendment to this administrative regulation is technical and conforming in nature and does not have a new continuing cost to the administrative body.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: SNAP benefits are 100 percent federally funded. Administrative functions are funded at a fifty (50) percent state and fifty (50) percent federal match rate. The funding has been appropriated in the enacted budget.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new or by the change if it is an amendment: An increase in fees or funding will not be necessary to implement this amendment.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation will be applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

††††† 1. Federal statute or regulation constituting the federal mandate. 7 C.F.R. 271.4, 273.2, 273.10, 7 U.S.C. 2020(e)(2)(B), 7 U.S.C. 2011-2029, 42 U.S.C. 1973gg-5, 42 U.S.C. 2000d, Pres. EO 13166

††††† 2. State compliance standards. KRS 116.048, 194A.050 (1)

††††† 3. Minimum or uniform standards contained in the federal mandate. The provisions of this administrative regulation comply with the federal mandate.

††††† 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? The amendment to this administrative regulation will impose no stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.

††††† 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. Justification for the imposition of a stricter standard, or additional or different responsibilities or requirements, is not applicable.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department for Community Based Services will be impacted by this administrative regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 116.048, 194A.050 (1), 7 C.F.R. 271.4, 273.2, 273.10, 7 U.S.C. 2020(e)(2)(B), 7 U.S.C. 2011-2029, 42 U.S.C. 1973gg-5, 42 U.S.C. 2000d, Pres. EO 13166

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation does not generate revenue and will not generate any additional revenue during the first year.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation does not generate revenue and will not generate any additional revenue in subsequent years.

††††† (c) How much will it cost to administer this program for the first year? This amendment will not require any additional costs in the first year.

††††† (d) How much will it cost to administer this program for subsequent years? This amendment will not require any additional costs in subsequent years.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: