CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Family Support

(Amendment)

 

††††† 921 KAR 3:090. Simplified assistance for the elderly program or ''SAFE''.

 

††††† RELATES TO: 7 C.F.R. 273.1, 273.2, 273.9, 273.10, 273.12, 273.14

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4

††††† 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 C.F.R. 271.4 delegates the administration of the Supplemental Nutrition Assistance Program (SNAP) to the state agency. This administrative regulation establishes requirements for the Simplified Assistance for the Elderly Program (SAFE), a demonstration project administered by the cabinet to improve access to SNAP for elderly and disabled individuals.

 

††††† Section 1. Definitions. (1) "Regular SNAP benefits" means SNAP benefits received in accordance with the procedures specified in:

††††† (a) 921 KAR 3:020, Financial Requirements;

††††† (b) 921 KAR 3:025, Technical Requirements;

††††† (c) 921 KAR 3:030, Application Process; and

††††† (d) 921 KAR 3:035, Certification Process.

††††† (2) "Shelter costs" means monthly rent or mortgage expenses as stated by the applicant.

††††† (3) "Simplified Assistance for the Elderly" or "SAFE" means an optional SNAP program for SSI participants who are age sixty (60) or older.

††††† (4) "State Data Exchange" or "SDX" means files administered by the Social Security Administration that provide states with eligibility and demographic data relating to SSI applicants and participants.

 

††††† Section 2. SAFE Program Procedures. Unless a different procedure or process for a SNAP requirement is specified in this administrative regulation, all SNAP requirements specified in 921 KAR Chapter 3 shall apply to SAFE, including the process for:

††††† (1) A fair hearing;

††††† (2) An administrative disqualification hearing;

††††† (3) An appeal;

††††† (4) A disqualification;

††††† (5) A claim and collection of a claim; and

††††† (6) EBT issuance.

 

††††† Section 3. Eligibility for SAFE. (1) An individual may qualify for SAFE benefits if the individual:

††††† (a) Is a Kentucky resident;

††††† (b) Is:

††††† 1. A current SSI recipient; or

††††† 2. SSI eligible, but SSI benefits are currently suspended;

††††† (c) Is age sixty (60) or older;

††††† (d) Is not institutionalized;

††††† (e) Is:

††††† 1. Single, widowed, divorced, or separated; or

††††† 2. Married and living with a spouse who meets the criteria specified in (a) through (f) of this subsection; and

††††† (f) Purchases and prepares food separately from another individual who shares the same residence, but is not a member of the applicantís household as defined in 921 KAR 3:010.

††††† (2) The cabinet shall use SDX to verify an applicantís marital and institutional status.

††††† (3) If a household member does not meet the criteria listed in subsection (1) of this section, the household:

††††† (a) Shall not be eligible for SAFE; and

††††† (b) May apply for regular SNAP benefits in accordance in 921 KAR 3:030.

††††† (4) An individual who meets the criteria of subsection (1) of this section may apply for regular SNAP benefits instead of SAFE benefits.

††††† (5) An individual shall not receive SAFE benefits and regular SNAP benefits at the same time.

 

††††† Section 4. SAFE Application Process. (1) Through use of the SDX files, the cabinet shall:

††††† (a) Identify SSI participants who are potentially eligible for SAFE; and

††††† (b) Mail each identified SSI household a SF-1, Simplified Assistance for the Elderly (SAFE) Application, and a return envelope.

††††† (2) A SAFE application shall be considered filed if the SF-1 is:

††††† (a) Signed; and

††††† (b) Received at the Department for Community Based Services, Division of Family Support.

††††† (3) In accordance with 7 C.F.R. 273.2(g), the cabinet shall provide an eligible household an opportunity to participate within thirty (30) days of the date the application is filed.

 

††††† Section 5. SAFE Certification Process. (1) The cabinet shall process a SAFE application without requiring an interview.

††††† (2) Information necessary to certify a SAFE application shall be obtained from SDX with the exception of the information provided by the applicant on the SF-1 or the SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form.

††††† (3) The cabinet shall certify an eligible household for SAFE benefits for up to thirty-six (36) months.

††††† (4) In accordance with 7 C.F.R. 273.10(g), the cabinet shall send an applicant a notice upon certification or denial.

††††† (5) The cabinet shall send a SF-2 to a SAFE household in the month preceding the last month of the householdís certification period.

 

††††† Section 6. SAFE Benefits. (1) The cabinet shall provide a SAFE household a standard monthly benefit amount approved by the U.S. Department of Agricultureís Food and Nutrition Service and listed in the SF-1.

††††† (2) The standard SAFE benefit amounts shall be based on:

††††† (a) Shelter costs;

††††† (b) Household size; and

††††† (c) The average benefits received by a similar household in the regular SNAP.

 

††††† Section 7. Changes in Household Circumstances. (1) A household receiving SAFE benefits shall not be required to report any changes during the certification period.

††††† (2) The cabinet shall process changes in household circumstances based on information received from SDX.

††††† (3) If information voluntarily reported by the household is contradictory to SDX data, the cabinet shall not act upon the information unless the information is a change in a household member's:

††††† (a) Name;

††††† (b) Date of birth; or

††††† (c) Address.

††††† (4) Unless a change in household circumstance results in a change in benefits, the cabinet shall not provide a SAFE household with notification of a change being made in household circumstances.

 

††††† Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "SF-1, Simplified Assistance for the Elderly (SAFE) Application", 11/14[11/13]; and

††††† (b) "SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form", 11/14[04/13].

††††† (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: August 7, 2014

††††† FILED WITH LRC: August 11, 2014 at 3 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on September 22, 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 September 15, 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 September 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 requirements for the Simplified Assistance for the Elderly (SAFE) program, a demonstration project administered by the cabinet to improve access to the Supplemental Nutrition Assistance Program (SNAP) for elderly and disabled individuals.

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

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes:††††† The administrative regulation conforms to the content of the authorizing statutes by establishing cabinet procedures for the SNAP which includes the SAFE demonstration project.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:††† This administrative regulation assists in the effective administration of the statutes by establishing the requirements for the SAFE program.

††††† (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 will change the existing administrative regulation by revising material incorporated by reference, form SF-1, Simplified Assistance for the Elderly (SAFE) Application, and form SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form, 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.

††††† (b) The necessity of the amendment to this administrative regulation:†† The amendment to this administrative regulation is necessary to update the nondiscrimination statement included on incorporated material to conform to federal requirements. FNS revised the nondiscrimination statement in 2013. If federal requirements are not met, including conformity with nondiscrimination requirements, 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 by aligning with federal performance and practice 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 statues by assuring compliance with federal requirements and affording public assistance recipients with more 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 SAFE recipients and potential applicants are affected by this administrative regulation. During June 2014, approximately 14,019 individuals, 12,250 in one (1) person and 1,769 in two (2) person households participated in SAFE in Kentucky.

††††† (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: The amendment to this administrative regulation will not require any additional actions on the part of SAFE program 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 any new or additional cost to the entities identified in question (3).

††††† (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. It is not projected to initially create new or additional costs for the administrative body.

††††† (b) On a continuing basis: The amendment to this administrative regulation is not projected to create new or additional costs for the administrative body on a continuing basis.

††††† (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 by the U.S. Department of Agriculture. Program administrative costs are funded 50 percent federal and 50 percent state and have 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 is not necessary to amend this administrative regulation.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees nor directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applicable as application of this policy is applied in a like manner for all individuals statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

††††† 1. Federal statute or regulation constituting the federal mandate. 7 C.F.R. 271.4, 7 C.F.R. 273.2

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

††††† 3. Minimum or uniform standards contained in the federal mandate. 7 C.F.R. 271.4, 7 C.F.R. 273.2

††††† 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? 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. The amendment does not impose a stricter standard, or additional or different responsibilities or requirements.

 

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 Cabinet for Health and Family 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. 7 C.F.R. 271.4, 7 C.F.R. 273.2, KRS 194A.050(1)

††††† 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 program has been operational for numerous years and will not generate any new or additional revenues in 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 will not generate any new or additional revenues in subsequent years.

††††† (c) How much will it cost to administer this program for the first year? This administrative regulation will not result in any new or additional cost in the first year.

††††† (d) How much will it cost to administer this program for subsequent years? This administrative regulation will not result in any new or additional cost 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: