TDA-52-14-00001-P Supplemental Nutrition Assistance Program (SNAP)

12/31/14 N.Y. St. Reg. TDA-52-14-00001-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 52

December 31, 2014

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-52-14-00001-P

Supplemental Nutrition Assistance Program (SNAP)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 358-1.1, 358-1.2, 358-2.27, 381.2, 651.1 and 651.2; repeal of Part 388 of Title 18 NYCRR.

Statutory authority:

7 USC ch. 51 and sections 2011 and 2013; Social Services Law, sections 20, 34, 95 and art. 5, title 9-B; L. 2003, ch. 360; L. 2005, ch. 57, part C; L. 2012, ch. 41

Subject:

“Food Stamp Program” renamed “Supplemental Nutrition Assistance Program” (SNAP); Food Assistance Program (FAP) repealed; certain public assistance employment program reporting requirements modified.

Purpose:

To render subject State regulations consistent with cited statutory authority and chapter 360 of the Laws of 2003, part C of chapter 57 of the Laws of 2005 and chapter 41 of the Laws of 2012.

Text of proposed rule:

The content description for Article 1 of Subchapter B of Chapter II Title 18 NYCRR is amended to read as follows:

358 Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families with Children, [Food Stamps, Food Assistance,] Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded Through the Department of Family Assistance[, and Any Program or Service Administered Through the New York State Department of Labor (DOL) as Described in 12 NYCRR Part 1300]

The caption for Title 18 NYCRR Part 358 is amended to read as follows:

FAIR HEARINGS: FAMILY ASSISTANCE, SAFETY NET ASSISTANCE, MEDICAL ASSISTANCE, EMERGENCY ASSISTANCE TO AGED, BLIND OR DISABLED PERSONS, EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN, [FOOD STAMPS, FOOD ASSISTANCE,] SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, HOME ENERGY ASSISTANCE, AND SERVICES FUNDED THROUGH THE DEPARTMENT OF FAMILY ASSISTANCE

Title 18 NYCRR § 358-1.1 is amended to read as follows:

Section 358-1.1 General.

These regulations govern the fair hearing process and establish the rights and obligations of applicants, recipients, and social services agencies when an applicant or recipient seeks review of a social services agency action or determination regarding that individual's assistance or benefits under public assistance programs, medical assistance, [food stamp, food assistance] the supplemental nutrition assistance program (SNAP), and the home energy assistance program (HEAP) [programs] and under various service programs as defined in section 358-2.20 of this Part and any program or service administered through the New York State Office of Temporary and Disability Assistance (OTDA) as described in 18 NYCRR Part 385.

Title 18 NYCRR § 358-1.2 is amended to read as follows:

Subdivisions (a)-(c) of § 358-1.2 are amended to read as follows:

(a) Notice. These regulations set forth what information you are entitled to receive if you have been accepted for or denied public assistance, medical assistance, HEAP, [food stamp] or SNAP benefits or services, or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, [food stamp] or SNAP benefits or services which you are receiving, or if there is an increase in the public assistance, medical assistance, or [food stamp] SNAP benefits you are receiving, or if there is to be a change in the calculation of such assistance or benefits, or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title.

(b) Timing. These regulations set forth the time periods within which you are obligated to request a fair hearing and/or conference if your application for public assistance, medical assistance, HEAP, [food stamp] or SNAP benefits or services is not acted upon in a timely manner, or if you have been denied public assistance, medical assistance, [food stamp] or SNAP benefits or services, or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, [food stamp] or SNAP benefits or services you are receiving, or if there is an increase in the public assistance, medical assistance, or [food stamp] SNAP benefits you are receiving, or if there is to be a change in the calculation of such assistance or benefits; or if you are told that you have received an over-issuance of [food stamp] SNAP benefits.

(c) Procedures. These regulations set forth what you are required to do to have an action of a social services agency reviewed when you are denied public assistance, medical assistance, [food stamp] SNAP, [benefits,] or HEAP benefits or services, or when there is a discontinuance, reduction, or suspension in the public assistance, medical assistance, [food stamp] or SNAP benefits or services which you are receiving, or when there is an increase in the public assistance, medical assistance, or [food stamps] SNAP benefits which you are receiving, or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title, or if the social services agency has not acted in a timely manner, or if there is a change in the calculation of such assistance or benefits, or if you are told that you have received an over-issuance of [food stamp] SNAP benefits; how to ask for a conference and fair hearing; how to exercise your right to have your public assistance, medical assistance, [food stamp] or SNAP benefits or services continued until a hearing decision is issued; how to request another hearing date if you are unable to attend the fair hearing on the day it is scheduled to be held; how to get an interpreter if you do not speak English or if you are deaf; and [who] whom you may bring to a conference[,] or fair hearing.

Title 18 NYCRR § 358-2.27 is amended to read as follows:

358-2.27 Food Stamps. Whenever the term food stamps is used in this Part it means [food stamps under the Food Stamp Program and food assistance under the Food Assistance Program as set forth in Part 388 of this Title] SNAP benefits.

Title 18 NYCRR § 381.2 is amended to read as follows:

Subdivision (b) of § 381.2 is amended to read as follows:

(b) The office may contract with a public or private entity for a statewide electronic benefit transfer (EBT) system for the distribution of public assistance cash grants and allowances[,] and Federal [food stamp] Supplemental Nutrition Assistance Program (SNAP) benefits[,] [State/local food assistance benefits and safety net program benefits] to eligible grantees provided:

Title 18 NYCRR Part 388 is REPEALED.

Title 18 NYCRR Part 651 is amended to read as follows:

Subdivision (a) of § 651.1 is amended to read as follows:

(a) For purposes of preparation of quarterly reports to the Federal Department of Health and Human Services, social services districts must report monthly to the Office of Temporary and Disability Assistance (the office) [and the New York State Department of Labor (DOL)] information on each family receiving Federal Temporary Assistance to Needy Families (TANF) benefits, including but not limited to the following:

Paragraph (9) of subdivision (a) of § 651.1 is amended to read as follows:

(9) whether the family received subsidized housing, medical assistance under the State plan approved under title XIX of the Social Security Act, [food stamps] Supplemental Nutrition Assistance Program (SNAP) benefits, or subsidized child care, and if the latter two, the amount received;

Subparagraph (iv) of paragraph (11) of subdivision (a) of § 651.1 is amended to read as follows:

(iv) subsidized public sector employment, work experience, or community service;

Paragraph (12) of subdivision (a) of § 651.1 is amended to read as follows:

(12) information required by [DOL] the office to calculate work participation rates mandated by section 407 of Public Law 104-193 (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996), as amended by the Deficit Reduction Act of 2005 (Public Law 109-171);

Subdivision (b) of § 651.1 is amended to read as follows:

(b) Social services districts must report monthly to the office [and DOL] information on families receiving TANF benefits and information on families receiving assistance in the safety net program who are required by federal law and regulation to be included in the work participation rates mandated by section 407 of Public Law 104-193 (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996), as amended by the Deficit Reduction Act of 2005 (Public Law 109-171), including, but not limited, to the following:

Subdivision (c) of § 651.1 is amended to read as follows:

(c) The information required under this section shall be collected and shall be reported using the Welfare Management System, the Welfare to Work Caseload Management System, or other automated systems or reporting forms as determined by the [commissioners] commissioner of the office [and DOL]. Social services districts shall assist [each agency] the office in collecting the information in accordance with instructions from the [appropriate agency] office.

Title 18 NYCRR § 651.2 is amended to read as follows:

Subdivision (a) of § 651.2 is amended to read as follows:

(a) For purpose of preparation of annual reports for the New York State Legislature, social services districts must report monthly to the office [and DOL] information on families and individuals receiving public assistance benefits, including, but not limited to, the following:

Paragraph (3) of subdivision (a) of § 651.2 is amended to read as follows:

(3) Work activities subsidized or otherwise sponsored by the office[, DOL,] or social services districts, including but not limited to:

Paragraph (11) of subdivision (a) of § 651.2 is REPEALED.

Paragraph (12) of subdivision (a) of § 651.2 is renumbered paragraph (11) of subdivision (a) of § 651.2.

Subdivision (b) of § 651.2 is amended to read as follows:

(b) The information required by this section shall be collected using the Welfare Management System, the Welfare to Work Caseload Management System, or other automated systems or forms as determined by the [commissioners] commissioner of the office [and the DOL]. Social services districts shall assist [each agency] the office in collecting the information in accordance with instructions from the [appropriate agency] office.

Paragraph (2) of subdivision (c) of § 651.2 is amended to read as follows:

(2) Unless otherwise required by the Federal Department of Health and Human Services, the sample size shall be limited to the size required under Federal statute for [food stamp program] SNAP quality control purposes.

Text of proposed rule and any required statements and analyses may be obtained from:

Richard P. Rhodes, Jr., Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, NY 12243, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

The federal Supplemental Nutrition Assistance Program (SNAP) is authorized by Chapter 51 of Title 7 of the United States Code (U.S.C.). Pursuant to 7 U.S.C. § 2011, the federal SNAP promotes the general welfare and safeguards the health and well-being of the nation’s population by raising levels of nutrition among low-income households.

Pursuant to 7 U.S.C. § 2013, the federal Secretary of Agriculture is authorized to administer the federal SNAP, under which, at the request of the State agency, eligible households within the State will be provided an opportunity to obtain SNAP benefits.

Social Services Law (SSL) § 95, as amended by Chapter 41 of the Laws of 2012, authorizes the Office of Temporary and Disability Assistance (OTDA) to administer the SNAP, formerly named the “Food Stamp Program,” in New York State and to perform such functions as may be appropriate, permitted or required by or pursuant to federal law.

Former SSL § § 95(10)(a) and (e) provided authorization for local social services districts (SSDs) to operate a food assistance program (FAP) in accordance with regulations promulgated by OTDA and federal and State statutory, regulatory, and policy requirements. Pursuant to former SSL § 95(10)(k) and Chapter 360 of the Laws of 2003, this authorization expired on September 30, 2005. Chapter 41 of the Laws of 2012 removed the FAP provisions from SSL § 95.

SSL § 20(3)(d) confers authorization on OTDA generally to establish rules, regulations, and policies necessary to carry out its powers and duties. SSL § 34(3)(f) authorizes OTDA to establish regulations specifically for the administration of public assistance and care within the State, by both the State itself and, on the local level, by the SSDs. Part C of Chapter 57 of the Laws of 2005 transferred responsibility for administration of the public assistance (PA) employment program from the State Department of Labor (DOL) to OTDA, effective April 1, 2005.

2. Legislative objectives:

The proposed amendments would bring the State regulations into compliance with Chapter 41 of the Laws of 2012, which changed the name of the Food Stamp Program to SNAP, and with Chapter 360 of the Laws of 2003, which established a sunset date of September 30, 2005 for the SSDs’ authority, as regulated by OTDA, to operate the FAP. The proposed regulatory amendments would also update the State regulations by eliminating the monthly requirement that SSDs report to the DOL information on families receiving PA in order to comply with federal and State reporting requirements, thereby rendering the subject State regulations consistent with Part C of Chapter 57 of the Laws of 2005, which effectively transferred all functions, powers, duties and obligations incidental to the administration of the PA employment program from the DOL to OTDA.

3. Needs and benefits:

Chapter 41 of the Laws of 2012 changed the name of the Food Stamp Program to the Supplemental Nutrition Assistance Program. References in the regulations to the Food Stamp Program will refer to the Supplemental Nutrition Assistance Program, rendering them consistent with 18 NYCRR § § 387.0 and 387.1, which were so amended on September 5, 2012. Chapter 360 of the Laws of 2003 established a sunset date of September 30, 2005 for the SSDs’ authority, as regulated by OTDA, to operate the FAP; the proposed regulatory amendments would remove references to the FAP within State regulations, thereby rendering them consistent with current law. Part C of Chapter 57 of the Laws of 2005 transferred all functions, powers, duties and obligations incidental to the administration of the PA employment program from the DOL to OTDA; by eliminating the monthly SSD reporting requirement to the DOL relative to information on PA families incidental to the administration of the PA employment program, the proposed regulatory amendments would render the State regulations consistent with current law.

4. Costs:

It is anticipated that there will be no costs associated with this proposal, since the proposed amendments are intended to: update State regulations to render them consistent with Chapter 41 of the Laws of 2012 relative to the SNAP name change; remove references to the FAP in accordance with Chapter 360 of the Laws of 2003 and Chapter 41 of the Laws of 2012 and render the subject State regulations consistent with 18 NYCRR § § 387.0 and 387.1, which were previously amended on September 5, 2012 to reflect the name change to SNAP; and update State regulations by removing the monthly SSD reporting requirement to the DOL in accordance with the transfer of PA employment program oversight from the DOL to OTDA as implemented by Part C of Chapter 57 of the Laws of 2005.

5. Local government mandates:

It is not anticipated that the proposed regulatory amendments will create any new mandates for local governments.

6. Paperwork:

The proposed regulatory amendments will not create any new reporting requirements or additional paperwork.

7. Duplication:

The proposed amendments would not duplicate, overlap or conflict with any existing State or federal statutes or regulations.

8. Alternatives:

An alternative to the proposed amendments would be to retain the existing regulations. However, these regulatory amendments are necessary to bring the State regulations into compliance with SSL § 95 and Chapter 360 of the Laws of 2003, Part C of Chapter 57 of the Laws of 2005, and Chapter 41 of the Laws of 2012.

9. Federal standards:

The proposed amendments are consistent with the federal standards for SNAP and PA.

10. Compliance schedule:

There is no need to establish a compliance schedule because the proposed regulatory amendments would not impose substantive requirements on regulated persons. OTDA will be in compliance with the proposed regulatory amendments on their effective date.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required because the proposed regulatory amendments will neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon small businesses or local governments. As it was evident from the proposed regulations that they would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not required because the proposed regulatory amendments will neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas. As it was evident from the proposed regulations that they would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.

Job Impact Statement

A Job Impact Statement is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they will not have a substantial adverse impact on jobs and employment opportunities in either the public or private sectors. The proposed regulatory amendments will not affect the jobs of the workers in the social services districts or the State. These regulatory amendments are necessary to bring the subject State regulations into compliance with Social Services Law § 95 and Chapter 360 of the Laws of 2003, Part C of Chapter 57 of the Laws of 2005, and Chapter 41 of the Laws of 2012. Thus, the proposed regulatory amendments will not have any adverse impact on jobs and employment opportunities in New York State.