PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 387.16(e) and (f) and addition of section 387.16(e)(1), (2) and (f)(1), (2) to Title 18 NYCRR.
Statutory authority:
United States Code, title 7, ch. 51, sections 2011 and 2013; Social Services Law, sections 95 and 95-a
Subject:
Food Stamp Program.
Purpose:
Establish a new food stamp budgeting methodology for certain residents in group living arrangements.
Text or summary was published
in the July 9, 2008 issue of the Register, I.D. No. TDA-28-08-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243-0001, (518) 474-9779, email: Jeanine.Behuniak@OTDA.state.ny.us.
Assessment of Public Comment
During the public comment period on the proposed rule to establish a new food stamp budgeting methodology for certain residents in group living arrangements, the Office of Temporary and Disability Assistance (OTDA) received numerous comments, almost all of which were very supportive of this proposal.
Comment: Approximately 200 comments were received urging the OTDA to adopt this proposed rule because, in conjunction with the proposed amendments to 18 NYCRR § 393.4, it would result in an increase in food stamp benefits for food stamp eligible individuals living in group homes.
Response: The OTDA agrees with these comments in support of the proposed rule.
Comment: One commenter expressed concern that the change to the food stamp budgeting methodology that would result from enactment of the amendments would be too complicated for social services districts (districts) to follow correctly, would be difficult for staff to learn and potentially could result in budgeting errors.
Response: The OTDA disagrees with this comment. The commenter’s concern is misplaced as it is premised on substantial worker involvement. However, the OTDA has taken steps to minimize worker decisions and manual calculations. The OTDA has made substantial changes to the Welfare Management System (WMS) computer system to automate the changes as much as possible. The proposed amendments will require the districts to gather some additional information and to enter some new data into WMS in order to generate updated food stamp budgets for the affected applicants and recipients. Once the new entries are made, WMS will apply the new budgeting methodology, and the updated food stamp budgets will then be generated. The OTDA anticipates that the resulting changes in food stamp budgeting methodologies will have a minimal impact on the districts’ operations and workload.
In addition, the OTDA plans to issue an Administrative Directive to the districts explaining the regulatory changes and providing contact information in case the districts should have any questions.
Comment: One commenter who supported the proposed rule set forth concerns regarding the provisions available in food pantries and the availability of transportation.
Response: Issues concerning the provisions available in food pantries and the availability of transportation are outside the scope of the proposed regulatory amendments.
Comment: One commenter “fully endorsed” the principles underlying the proposed rule, including the equitable treatment of group home residents and the use of standard, but individualized, budget computations to calculate the monthly food stamp benefits of group home residents.
However, this commenter also provided a number of criticisms. First the commenter provided information regarding communications in the Graves litigation and asserted that the OTDA did not provide him and his co-counsel in the Graves litigation an opportunity to review or discuss the content of the proposed amendments prior to their publication.
Response: Issues concerning communications, review and discussions in the Graves litigation are not relevant to the substantive issues of the proposed regulatory amendments.
Comment: Second the commenter expressed concern about the alleged complicated language and lack of clarity in the proposed amendments. The commenter suggested the use of more simply worded regulations without repeated statutory or regulatory references. The commenter asserted that if the State-prescribed notices of proposed action merely cite to these regulations, then the notices would defeat the federal government’s goal of explaining in easily understandable language the reasons for the proposed actions.
Response: The proposed regulations were drafted as clearly as possible to address all possible group home scenarios. The proposed regulations need to address various types of facilities, multiple income sources and the potential presence of persons residing in the facilities but not receiving care. The State-prescribed notices which will reflect the implementation and ongoing use of the proposed regulations will not merely cite to the new regulations. Instead the State-prescribed notices will in easily understandable language describe the action being taken, explain the basis for the action, set forth the effective date and meet all other notice requirements prescribed by statutes and regulations.
Comment: Third the commenter expressed concern regarding the use of the terms “countable income” and “all earned income” in the proposed rule. The commenter asserted that these terms should be defined. However, the commenter did note that he and his co-counsel did “…not wish to delay the adoption of these vital regulatory amendments and additions.”
Response: The OTDA maintains that these two terms are easily understood. Countable income and earned income, as used in the proposed amendments, simply refer to food stamp income after all income exclusions and income deductions have been budgeted. For purposes of determining a food stamp budget, 18 NYCRR § 387.11 sets forth income exclusions, and 18 NYCRR § 387.12 sets forth income deductions. The OTDA agrees that the adoption of the proposed rule should not be delayed.
