The following sections explain the application of SNAP
criteria and certification procedures to the eligibility determinations for
households with special circumstances pertaining to:
A. Dining Facilities and Homeless Meal
Providers;
B. Shelters for Battered
Women and Children;
C. Drug and
Alcohol Treatment and Rehabilitation Centers;
D. Residents of Group Living Arrangements.
4.309.1
Dining Facilities
and Homeless Meal Providers
Households with special circumstances, such as a person with
disabilities, persons aged sixty (60) and older, or group living arrangements,
may be authorized to use SNAP benefits to buy food from authorized communal
dining facilities, meals on wheels, drug and alcohol treatment and
rehabilitation centers, and shelters for battered women and children.
Households experiencing homelessness may also use SNAP
benefits to purchase prepared meals from approved restaurants. SNAP households
experiencing homelessness may use food benefits for meals prepared for and
served by an authorized provider (for example, a soup kitchen or temporary
shelter) that feeds persons experiencing homelessness.
4.309.2
Shelters for Battered Women and
Children
There are no restrictions on how long a center shall be in
operation or on the number of residents served by the shelter. The local office
shall determine a shelter's status as a shelter for battered women and children
and shall document the basis for their determination. The rules within this
subsection apply specifically to centers which provide meals to their
residents. Centers which do not provide meals are not to be considered
institutions and their residents' eligibility will be determined using the
standard rules for eligibility.
4.309.21
Residents of Shelters for
Battered Women and Children
Women or women with their children who are temporarily
residing in a shelter for battered women and children (which serves over fifty
percent (50%) of their meals) shall be considered exempt from the prohibition
against residents of institutions.
A.
They shall be allowed to apply and be considered for eligibility as individual
(parent/child) units, rather than considered as part of a household consisting
of all shelter residents.
B. In
many instances battered women and their children who were previously certified
in the household of an abuser may not have access to their allotment.
Therefore, these individuals shall be allowed to participate in one (1)
additional project area and/or household so long as one of the two households
with which they are participating contains the individual who abused them.
These persons may receive an additional allotment only once in a
month.
C. The local office should
act promptly to reflect the changes in household composition and shall act on
the change to reduce or terminate benefits to the applicant's former household
as appropriate.
D. Shelter
residents who apply as separate households shall be certified solely on the
basis of their income and resources and the expenses for which they are
responsible. They shall be certified without regard to the income, resources,
and/or expenses of their former household. Jointly held resources shall be
considered inaccessible to the household if access to such resources is
dependent upon the agreement of a joint owner who still resides in the former
household.
4.309.3
Drug and Alcohol Treatment and
Rehabilitation Centers (Center)
A.
Residents of publicly operated community mental health centers or private
non-profit organizations or institutions, operating a residential drug or
alcohol treatment or rehabilitation program, are eligible to participate in
SNAP. Applications shall be made through an authorized representative who is
employed by the drug or alcohol treatment or rehabilitation facility and
designated by the facility for that purpose. Individuals residing in a
for-profit facility are considered residents of an institution per Section
4.304.4(E), above.
B. The center
shall be approved by the Colorado Department of Human Services (CDHS), Office
of Behavioral Health (OBH) before its residents are eligible for SNAP
participation. The OBH will ensure that the center is providing treatment that
can lead to the rehabilitation of drug or alcohol addiction.
Before the certification of residents can be accomplished,
the local office shall verify that the center has been approved by FNS as a
retailer and is certified by the OBH. Proof of OBH certification may be
provided in the form of a license or an approval letter issued to the center by
that agency, or proof that the center is funded under Part B of Title XIX of
the Public Health Service Act (42 U.S.C. 300x-1
through 300x-13).
C. Residents and their children residing in a
certified center must voluntarily elect to participate in SNAP. Residents shall
have their eligibility determined as one-person households unless children are
residing with them at the center. Children of the residents in a center who
live with their parents in the treatment center will qualify for SNAP. Meals
served to the children are eligible for purchase with SNAP benefits. The local
office shall certify residents of centers by using the same provisions that
apply to other applicant households.
D. Residents of centers may be receiving
public assistance or SSI benefits or may be destitute of income and resources
and eligible for expedited service. Residents who qualify for expedited service
shall have benefits available for spending no later than seven (7) calendar
days following the date the application was filed.
E. Any applicant household containing a
member who regularly participates in a drug and alcohol treatment program on a
non-resident basis shall include this member when having its eligibility
determined. The household must complete the application process through the
head of household or through an authorized representative and shall meet all
financial and non-financial criteria unless specifically exempt. Such
households may use any part of their SNAP benefits to purchase food prepared
for or served to the individual during the program, provided the program has
been authorized by FNS for such purposes.
4.309.31
Responsibilities of the
Center
Drug or alcohol treatment and rehabilitation centers will be
responsible for the following:
A. The
drug or alcohol treatment center employee designated to serve as an authorized
representative shall be responsible for obtaining their own Electronic Benefit
Transfer (EBT) card and Personal Identification Number (PIN) with which to
access benefits from the resident's account while the resident remains a
resident of the facility.
The resident's EBT card shall be stored in a secure area
while the resident receives treatment at the facility. The drug or alcohol
treatment center shall not have access to, or knowledge of, the PIN for the
resident's own EBT card.
B.
Each treatment and rehabilitation center shall provide the certification office
with a certified list of currently participating residents and their children
residing with them in the center. The certification office shall require the
list on a monthly or semimonthly basis. In addition, the certification office
shall conduct periodic, random, onsite visits to the center to ensure the
accuracy of the listings and that the local office's records are consistent and
up-to-date. The frequency of periodic visits is left to the discretion of the
local office but once each year is recommended.
C. The center shall also report when the
resident leaves the center. The center shall return to the issuing office any
benefits received after the household has left the center.
The center shall provide the residents with their EBT card
when the household leaves the treatment and rehabilitation program. Once the
household leaves the center, the center is no longer allowed to act as that
household's authorized representative. The departing resident shall receive
his/her full allotment if already issued and if no benefits have been spent on
his/her behalf.
If benefits have been issued and any portion has been spent
on his/her behalf and the resident leaves prior to the sixteenth (16th) of the
month, the center shall provide the resident with one half of his/her monthly
allotment; on or after the sixteenth (16th), if benefits have already been
used, the resident shall not receive any benefits.
Under no circumstances shall the center pull benefits from an
EBT card after the resident has left the facility. The center shall return the
authorized representative EBT card, and the resident's card if it was left
behind, to the issuing office within five (5) calendar days of the resident's
departure.
The center shall provide the household with a change report
form as soon as it has knowledge the household plans to leave the facility and
advise the household to return the form to the local office within ten (10)
days of any change the household is required to report.
D. The center shall be responsible for any
misrepresentation or fraud, which it knowingly commits in the certification of
center residents. The organization or institution shall be knowledgeable about
household circumstances when serving as an authorized representative. The
organization or institution should carefully review those circumstances with
residents prior to applying on their behalf.
E. The center may be penalized or
disqualified if it is determined administratively or judicially that benefits
were misappropriated or used for purchases that did not contribute to a
certified household's meals. The local office shall promptly notify the state
department when it has reason to believe that a center is misusing SNAP
benefits in its possession. However, no action shall be taken against the
center prior to an FNS investigation. The local office shall establish a claim
for over-issuance of SNAP benefits held on behalf of center residents if any
over-issuances are discovered because of an FNS investigation or hearing. If
FNS disqualifies a center as an authorized drug and alcohol rehabilitation and
treatment center, the local office shall suspend its authorized representative
status for the same period.
4.309.4
Residents of Group Living
Arrangements
A. Group living
arrangements are residential settings that are considered alternatives to
institutional living. Institutional settings are not included in this
provision. To be eligible as residents of a group living arrangement, the
person must be a person with disabilities. In addition, the local office shall
verify that the group living arrangement is a public or private nonprofit
facility with no more than sixteen (16) residents and is certified as a group
living arrangement by the Colorado Department of Public Health and Environment
and the state department under Section 1616(e) of the Social Security Act
(codified at 42 U.S.C.
1382e(e)). FNS may also
certify under standards determined by the USDA that are comparable to standards
implemented by the state under 1616(e) of the Social Security Act. Individuals
residing in a for-profit facility are considered residents of an institution
per Section 4.304.4(E).
B.
Residents of group living arrangements must voluntarily elect to participate in
SNAP.
Residents shall either apply and be certified through an
authorized representative, who is employed and designated by the group living
arrangement or apply and be certified on their own behalf or through an
authorized representative of their own choice. The group living arrangement
shall determine if any resident may apply for SNAP on his/her own behalf; the
determination shall be based on the resident's physical and mental capability
to handle his/her own affairs.
1. If
residents apply using the group living facility's authorized representative,
eligibility shall be determined as a one-person household. The group living
arrangement may either:
a) Receive and spend
the allotment on food prepared by and/or served to the eligible resident,
or
b) Allow the eligible resident
to use all or any portion of the allotment on his/her own
behalf.
2. The group
living facility employee designated to serve as an authorized representative
shall be responsible for obtaining their own Electronic Benefit Transfer (EBT)
card and Personal Identification Number (PIN) with which to access benefits
from the resident's account while the resident remains a resident of the
facility.
3. The resident's EBT
card shall be stored in a secure area while the resident resides in the group
living facility. The group living facility shall not have access to, or
knowledge of, the PIN for the resident's personal EBT card.
4. If the residents apply on their own
behalf, the applications shall be accepted for any individual applying as a
one-person household or for any grouping of residents applying as a household.
If residents are certified on their own behalf, the allotment may be returned
to the facility to be used to purchase food for meals served either communally
or individually to eligible residents, used by eligible residents to purchase
and prepare food for their own consumption, and/or to purchase meals prepared
and served by the group living arrangement.
C. Applications for residents of group living
arrangements shall be processed using the same standards that apply to all
other SNAP households including that residents entitled to expedited service
shall have benefits available for spending no later than seven (7) calendar
days following the date the application was filed. Required verification shall
be obtained prior to further benefits being issued.
D. The local office shall process changes in
household circumstances and recertifications by using the same standards that
apply to all other SNAP households, and resident households shall be afforded
the same rights all other SNAP households enjoy, including the right to notices
of adverse action, fair hearings, and entitlement to lost benefits.
4.309.41
Responsibilities of Group
Living Arrangements
A. Each group
living arrangement shall provide the local office with a list of currently
participating residents. The local office shall require the list on either a
monthly or semimonthly basis and the list shall be signed by a responsible
center official attesting to the validity of the list. In addition, the local
office shall conduct periodic random onsite visits to ensure the accuracy of
the list and that the local office's records are consistent and up to
date.
B. If the resident has
applied on his/her own behalf, the household is responsible for reporting
changes to the local office in accordance with Section 4.603. If the group
living arrangement is acting in the capacity of an authorized representative,
the group living arrangement shall notify the local office of changes in the
household's income or other household circumstances and when the individual
leaves the group living arrangement.
C. When the household leaves the group living
facility, the group living arrangement, either acting as an authorized
representative or retaining use of the benefits on behalf of the residents
(regardless of the method of application), shall provide residents with their
EBT card. The household, not the group living arrangement, shall be allowed to
receive his/her authorized issuance. Also, the departing household shall
receive its full allotment if no benefits have been spent on behalf of that
individual household. These procedures are applicable any time during the
month.
However, if the benefits have already been issued and any
portion spent on behalf of the individual and the household leaves the group
living arrangement prior to the sixteenth (16th) of the month, the facility
shall provide the resident with one half of his/her monthly allotment. If the
household leaves on or after the sixteenth (16th) of the month and the benefits
have already been issued and used, the household does not receive any
benefits.
Once the resident leaves, the group living arrangement no
longer acts as his/her authorized representative. Under no circumstances shall
the group living arrangement pull benefits from an EBT card after the resident
or group of residents have left the group living facility. The facility shall
return the authorized representative EBT card, and the resident's card if it
was left behind, to the issuing office within five (5) calendar days of the
resident's departure.
The group living arrangement shall provide the household with
a change report form as soon as it has knowledge of the household plan to leave
the facility and advise the household to return the form to the local office
within ten (10) days of any change the household is required to
report.
D. When acting as
the authorized representative, a group living arrangement shall be responsible
for any misrepresentation or fraud, which it knowingly commits in the
certification of group living facility residents. The facility shall be
knowledgeable about household circumstances as an authorized representative and
should carefully review those circumstances with residents prior to applying on
their behalf. The facility shall be strictly liable for all losses or misuse of
benefits held on behalf of resident households and for all over-issuances that
occur while the households are residents of the group living facility. However,
the resident applying on his/her own behalf shall be responsible for
over-issuance as would any other household.
E. The group living arrangement may purchase
and prepare food to be consumed by eligible residents on a group basis if
residents normally obtain their meals at a central location as part of the
group living arrangement services, or if meals are prepared at a central
location for delivery to the individual residents. If residents purchase and/or
prepare food for individual consumption, as opposed to communal dining, the
group living arrangement shall ensure that each resident's SNAP benefits are
used for meals intended for that resident. If the resident retains use of their
own allotment, they may either use the benefits to purchase meals prepared for
them by the facility or to purchase food to prepare meals for their own
consumption.
4.309.42
Disqualification of the Group Living Arrangements
A group living arrangement facility authorized by FNS may be
penalized or disqualified if it is determined administratively or judicially
that benefits were misappropriated or used for purchases that did not
contribute to a certified household's meals. The local office shall promptly
notify the state department when it has reason to believe that a facility is
misusing benefits. However, the local office shall take no action prior to FNS
action against the facility. The local office shall establish a claim for
over-issuances of SNAP benefits held on behalf of resident clients if any
over-issuances are discovered during an investigation or hearing procedure for
redemption violations.
If the group living facility loses its authorization from FNS
to accept SNAP benefits or is no longer certified by the Colorado Department of
Public Health and Environment as a group living arrangement, residents using
the facility as an authorized representative shall no longer be able to
participate. The residents are not entitled to a Notice of Adverse Action but
shall receive a written notice explaining the termination and when it shall
become effective.
Residents applying on their own behalf shall still be able to
participate, if otherwise eligible.
Notes
10 CCR 2506-1-4.309
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
46
CR 17, September 10, 2023, effective
9/30/2023
