2542
Group Living Arrangements - A group living arrangement
is defined as a public or private nonprofit residential
setting that serves no more than 16 residents and that is licensed by
KDADS, under Section 1616(e) of the Social Security Act. If questionable,
the facility must verify it’s nonprofit status (proof they are considered
nonprofit by the IRS).
Blind or disabled persons as defined in the Definition of Common Terms
section of the Appendix
who reside in a group living arrangement as described above may voluntarily
apply for the Food Assistance Program. Prior to certifying any resident
for food assistance, the worker shall verify that the resident qualifies
as disabled as defined in the Definition of Common Terms section of the
Appendix
and that the group living arrangement is authorized by Food and Consumer
Service as a retailer or is licensed by KDADS, including KDADS determination
that the center is a nonprofit organization.
NOTE: To determine if an
organization is licensed by KDADS, contact the appropriate Area Office
licensing specialist.
NOTE: Individuals residing in homes or apartments that
are paying rent, utilities, HCBS services, transportation, food,
etc to a for profit community service provider are
considered living in an institution and are not eligible for food assistance
if the facility or community service provider provides more than 50% of
the residents meals. This includes situations where prepared meals are
served and situations where the residents purchase and prepare meals.
Each situation will have to be determined on a case-by-case basis and
EES Administration can assist in making a determination if needed.
Persons residing in these specialized living arrangements shall be certified
by using the same provisions that apply to all other households, with
the exception of the special provisions set forth in this section.
2542.1 Certification Procedures
- Residents of group living arrangements shall either apply and be
certified through use of an authorized representative 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 choosing. The group living arrangements shall determine if any
resident may apply for food assistance on his/her own behalf. The
determination should be based on the resident's physical and mental
ability to handle his/her own affairs. The facility should be encouraged
to consult with any other agencies of the state providing services
to the individual residents prior to making a determination. All residents
of the group living arrangement do not have to be certified by the
same method.
- Group home residents applying through use of the facility's authorized
representative shall have their eligibility determined as a one-person
household.
- Residents
applying on their own behalf or through an authorized representative
of their own choosing may apply as a one-person household or for
any grouping of residents applying as a household as defined in
4210.
Those certified on their own will have a Kansas Benefits Card issued
and they will select their own PIN.
- If the resident
applies through the facility as the authorized representative,
the group living arrangement may either receive and spend that
resident's food assistance benefits for food prepared by and/or
served to the eligible resident or allow the eligible resident
to use all or a portion of the allotment on his/her own behalf.
Those certified through an authorized representative will have
a card issued to the authorized representative for the client.
The client may or may not also need a card issued to them. This
decision will have to be made on a case-by-case basis with the
client and their authorized representative.
- If the residents
are certified on their own behalf, the food assistance benefits
may 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.
NOTE: Facilities with a
large food assistance volume may be issued a POS and the facility will
use the Kansas Benefits Card and transfer food assistance benefits to
the facility's account. For clients in semi-independent living, clients
may shop for themselves and use the card at the store with assistance.
In some instances, facilities with a smaller volume of food assistance
use will use vouchers to transfer food assistance benefits. (To have a
POS device or use vouchers, the facility must be authorized by USDA as
a retailer.)
2542.2 Processing
Standards
- Residents of group living arrangements who are entitled to expedited
service shall have benefits made available no later than 7 calendar
days following the date the application was filed. Verification and
documentation requirements shall be completed prior to issuance of
a second coupon allotment. See procedures for postponement of verification
in 1415.1 (4).
- Residents of group living arrangements who are not eligible for
expedited service shall have their applications processed in accordance
with normal processing standards (see 1413).
When normal processing standards apply, verification and documentation
requirements shall be completed prior to making an initial determination.
Also see 1322.
- Changes in household circumstances and reviews shall be processed
by using the same standards that apply to all other food assistance
households.
- Resident households shall be afforded the same rights to notices
of adverse action, fair hearings, and lost benefits as are all other
food assistance households.
2542.3 Income and Resources
- The financial eligibility criteria outlined in 5000
and 6000 apply to households in these
special living arrangements.
To determine the shelter deduction for residents of a group living arrangement
facility, any payment that the resident makes which can be specifically
identified as a shelter expense shall be considered. Since there is no
exclusion or deduction allowed for actual board payments, any single payment
for room and board must be reduced by the current maximum monthly food
assistance allotment for that size household in order to determine the
resident's shelter expense. The payment shall be further reduced by any
amounts specifically set aside for purposes other than shelter, such as
an income allowance for personal needs. The remainder shall be considered
as the shelter expense.
NOTE: The cost of the maximum
monthly allotment to be deducted shall be that in effect at the time of
certification. The worker is only required to update the allotment amount,
if necessary, at the next scheduled review.
2542.4 Group Living Facility
Responsibilities
- Each group living arrangement facility shall provide the Area EES
Program Administrator with a list of currently participating residents
on a monthly basis. This list shall include a statement signed by
a responsible facility official attesting to the validity of the list.
The Area EES Program Administrator or his or her designee shall conduct
periodic on-site visits to the center to assure the accuracy of the
listings and that the facility's records are consistent and up-to-date.
- When the group living arrangement facility is acting as a resident's
authorized representative, the facility shall notify the local DCF
office, as provided in 9121 or 9122, of changes in the household's
income or other circumstances and of when the household leaves the
group living arrangement.
- The group living arrangement facility receiving benefits on behalf
of a household shall store the Kansas Benefits Card(s) in a secure
location.
- The organization or institution acting as the authorized representative
for residents shall be responsible for any misrepresentation or fraud
which it knowingly commits in the certification of center residents.
As an authorized representative, the organization or institution must
be knowledgeable about the household's circumstances and should carefully
review those circumstances with residents prior to applying on their
behalf. The organization or institution shall be strictly liable for
all losses or misuse of food assistance benefits held on behalf of
resident households and for all overissuances which occur while the
households are residents of the center.
- The group living arrangement facility, either acting as an authorized
representative or retaining use of the benefits on behalf of the residents
(regardless of the method of application), shall have the responsibility
outlined in 2542.6 when the household moves
out of the group living arrangement.
2542.5 Residents of Group
Living Arrangement
- A resident, who has made application on his/her own behalf, shall
be responsible for reporting changes to the local DCF office as provided
in 9121 or 9122.
- The resident applying on his/her own behalf shall be responsible
for overissuances as would any other household.
2542.6 Responsibility
of the Group Home, Acting as an Authorized Representative, When a Resident
Exits - When a household leaves the 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 have the following responsibilities:
- When a household leaves the group living arrangement before the
16th of the month, the facility shall provide the resident household
with one-half of it's allotment.
- When a household leaves the facility on or after the 16th of the
month, the facility has the right to retain all benefits issued for
that month.
NOTE: The rules listed in items (1) and (2)
above apply regardless of whether the food assistance are available
before or after the household's departure.
- The facility shall note in its records the amount and date benefits
are returned to departing residents.
- Once the household leaves the group living arrangement, the facility
may no longer act as that household's authorized representative. The
group living arrangement shall, if possible, provide the household
with a Change Report Form
to report to the local DCF office the household's new address and
other circumstances after leaving the facility, and shall advise the
household to return the form to the appropriate local DCF office within
10 days.
2542.7 Action Required
When Residents, Who Retained the Use of Their Own Benefits, Exit -
When a resident or group of residents, who applied on their own behalf
and retain the use of their own benefits leave(s) the group living arrangement,
the following rules apply:
- If a group of residents have applied as one household, a pro rata
share of the remaining benefits shall be provided to any departing
member.
- The group living arrangement shall, if possible, provide the household
with a Change Report Form
to report to the local DCF office the household's new address and
other circumstances after leaving the group living arrangement and
shall advise the household to return the form to the appropriate local
DCF office within 10 days.
- The household is responsible for reporting the changes in household
circumstances.
2542.8 Agency Responsibility
to Report Misuse - The local DCF office shall promptly notify
the EES Policy Section when it has reason to believe that a group living
arrangement facility is misusing benefits. The local DCF office will be
notified by the EES Policy Section if the facility is disqualified, if
it is determined administratively or judiciously that benefits were misappropriated,
or used for purposes that did not contribute to a certified household's
meals. If FNS disqualifies the facility, the EES Policy Section will notify
the local DCF office to suspend the group living arrangement's authorized
representative status for the disqualification period. The local DCF office
shall take no action prior to FNS action against the facility other than
to establish a claim for overissuance as discussed in 11120.
2542.9 Agency Action When
the Group Living Arrangement is Disqualified or Loses Certification -
If the group living arrangement loses its basic certification from the
responsible agency or agencies of the state, its residents are no longer
eligible to participate. When FNS disqualifies a group home as a retailer
and the authorized representative status of the facility is suspended,
all residents of the group living arrangement, who are using the facility
as an authorized representative are ineligible. However, in this instance,
residents of group living arrangements applying on their own behalf are
still able to participate if they are otherwise eligible.