TDA-19-16-00007-P Supplemental Nutrition Assistance Program (SNAP)  

  • 5/11/16 N.Y. St. Reg. TDA-19-16-00007-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 19
    May 11, 2016
    RULE MAKING ACTIVITIES
    OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. TDA-19-16-00007-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 section 387.9(a)(7)(ii)(a)-(b)(2)-(3); and addition of section 387.9(a)(7)(ii)(c) to Title 18 NYCRR.
    Statutory authority:
    7 United States Code, ch. 51 (generally) and sections 2011 and 2013; 7 Code of Federal Regulations, section 273.2(d); Social Services Law, sections 17(a)-(b) and (i), 20(2)-(3)(d), 34(3)(f) and 95; L. 2012, ch. 41
    Subject:
    Supplemental Nutrition Assistance Program (SNAP).
    Purpose:
    Update State regulations concerning household cooperation with SNAP quality control reviews to reflect federal changes.
    Text of proposed rule:
    Clauses (a)-(b) of subparagraph (ii) of paragraph (7) of subdivision (a) of § 387.9 of Title 18 NYCRR are amended to read as follows:
    (ii) A household receiving [food stamps] SNAP benefits or reapplying for [food stamps] SNAP must cooperate with any quality control review of its current or previous [food stamp] SNAP eligibility. A household refusing to cooperate in any quality control review must be determined ineligible to receive [food stamps] SNAP benefits.
    (a) A household whose eligibility has been terminated for refusal to cooperate with a quality control review may reapply for [food stamps] SNAP benefits. [Such] The household must not be determined eligible until it cooperates in the quality control review, except as set forth in clause (b) of this subparagraph.
    (b) A household cannot be denied [food stamps] SNAP benefits for its refusal to cooperate in a quality control review if:
    (1) the household was terminated for refusing to cooperate with a quality control review during the completed quality control review period; and
    (2) the household reapplied for [food stamps] SNAP benefits more than [95] 125 days after the end of the annual review period, if it was terminated for refusal to cooperate with a State quality control review, or more than [seven] nine months after the end of the annual review period, if it was terminated for refusal to cooperate with a [Federal] federal quality control review; and
    (3) the household provides verification of its eligibility for [food stamps] SNAP in accordance with section [387.8(c)] 387.8(b) of this Part.
    New clause (c) is added to subparagraph (ii) of paragraph (7) of subdivision (a) of § 387.9 of Title 18 NYCRR to read as follows:
    (c) In the event that one or more household members no longer reside with a household terminated for refusal to cooperate, the penalty for refusal to cooperate will attach to the household of the person(s) refusing to cooperate.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, NY 12243, (518) 486-7503, email: richard.rhodesjr@otda.ny.gov
    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 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 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 United States 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.
    Pursuant to 7 Code of Federal Regulations (C.F.R.) § 273.2(d)(1), “[t]o determine eligibility [for SNAP benefits], the application form must be completed and signed, the household or its authorized representative must be interviewed, and certain information on the application must be verified.” Pursuant to 7 C.F.R. § 273.2(d)(2), “the household shall be determined ineligible [for SNAP benefits] if it refuses to cooperate in any subsequent review of its eligibility as part of a quality control review.”
    Social Services Law (SSL) § 17(a)-(b) and (i) provide, in part, that the Commissioner of the Office of Temporary and Disability Assistance (OTDA) shall “exercise such other powers and perform such other duties as may be imposed by law.”
    SSL § 20(3)(d) authorizes OTDA to promulgate regulations to carry out its powers and duties.
    SSL § 95 authorizes 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.
    Chapter 41 of the Laws of 2012 changed the name of the Food Stamp Program in New York State to the SNAP.
    2. Legislative objectives:
    It was the intent of the Legislature in enacting SSL § 95 that OTDA establish rules, regulations and policies so that adequate provision is made for those persons unable to provide for themselves, while at the same time complying with federal statutes and regulations governing the SNAP.
    3. Needs and benefits:
    The proposed regulatory amendments are necessary to bring the State regulations concerning household cooperation with quality control reviews into compliance with federal statutes and regulations.
    Chapter 41 of the Laws of 2012 changed the name of the Food Stamp Program to the SNAP. This proposal would update references in the amended regulations from the Food Stamp Program to the SNAP.
    4. Costs:
    The proposed regulatory amendments would have no fiscal impact. The social services districts (SSDs) are already required to comply with federal statutes and regulations governing SNAP.
    5. Local government mandates:
    The proposed regulatory amendments would not impose any additional programs, services, duties or responsibilities upon the SSDs.
    6. Paperwork:
    There would be no additional forms required to support the proposed regulatory amendments.
    7. Duplication:
    The proposed regulatory amendments would not conflict with any existing State statutes or federal statutes or regulations. The proposal would bring State regulations into compliance with federal requirements set forth in 7 C.F.R. § 273.2(d)(2).
    8. Alternatives:
    An alternative to the proposed regulatory amendments would be to retain the existing State regulations. However, the proposed regulatory amendments are necessary to bring the existing State regulations into compliance with federal requirements and current State practices.
    9. Federal standards:
    The proposed regulatory amendments would be consistent with the federal standards for the SNAP.
    10. Compliance schedule:
    OTDA and the SSDs would be in compliance with the proposed regulatory amendments on the effective date of the proposed regulatory amendments.
    Regulatory Flexibility Analysis
    A RFASB is not required because the proposed regulatory amendments would 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 regulatory amendments that they would not have an adverse impact upon or impose reporting, recordkeeping, or other compliance requirements upon small businesses or local governments, no further measures were needed to ascertain those facts and, consequently, none were taken.
    Rural Area Flexibility Analysis
    A RAFA is not required because the proposed regulatory amendments would 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 regulatory amendments that they would not have an adverse impact upon or impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas, no further measures were needed to ascertain those facts and, consequently, none were taken.
    Job Impact Statement
    A JIS is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they would not have a substantial adverse impact on jobs and employment opportunities in the social services districts (SSDs) or in the State. The proposed regulatory amendments would not substantively affect the jobs of the employees of the SSDs or the State. The proposed regulatory amendments would update State regulations concerning household cooperation with quality control reviews to reflect changes in federal requirements.
    Thus, the proposed regulatory amendments would not adversely impact upon jobs and employment opportunities in New York State.

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