2540 Institutional Residents Who May Participate in the Food Assistance Program - Residents of certain institutions, outlined in this section, may participate in the Food Assistance Program according to the specific instructions given for each type of institution. See the KEES User Manual for further information on system processing.

 

2541 Alcohol and Drug Treatment and Rehabilitation Centers - Persons who regularly participate in publicly operated (community mental health centers) or private nonprofit alcohol and drug treatment and rehabilitation programs on a resident basis may voluntarily apply for the Food Assistance Program. Prior to certifying any residents for food assistance, the worker shall verify that the treatment center is authorized by FNS as a retailer (if the center wishes to redeem benefits through a wholesaler) or, if it is not authorized by FNS as a retailer, that it is authorized under part B of Title XIX of the Public Health Service Act. If a treatment center has been authorized by FNS as a retailer, it is not necessary for the worker to verify that the treatment program qualifies under the above Act. This verification will have been made by FNS in authorizing the treatment center as a retailer.

 

NOTE: KDADS Behavioral Health Services licenses all substance abuse treatment and rehabilitation programs in Kansas. If a residential facility is licensed by KDADS to provide residential substance abuse treatment and rehabilitation, then it is "authorized under Part B of Title XIX of the Public Health Service Act."


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. Also refer to 9372.

 

2541.1 Certification Procedures

 

  1. Resident alcoholics and addicts shall have their eligibility determined as one-person households.

EXCEPTION: Some alcohol and drug treatment and rehabilitation centers, as a plan of treatment, enroll the addicted family member and their children and house them in the treatment center. These children are eligible to receive food assistance as members of the resident alcoholic/addict's food assistance case.

  1. Residents of alcoholic/addict treatment centers shall apply on their own behalf; however, they must be certified through use of an authorized representative who shall be an employee of, and designated by, the nonprofit organization or institution that is administering the treatment and rehabilitation program.
     
  2. The organization or institution shall receive and spend the food allotment for food prepared by and/or served to the resident household.

 

2541.2 Processing Standards

 

  1. Residents of an alcohol or drug addiction treatment center who are entitled to expedited services shall  have benefits 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).
     
  2. Residents of alcohol/drug treatment and rehabilitation centers who are not eligible for expedited services 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. See 1322.
     
  3. Changes in household circumstances and reviews shall be processed by using the same standards that apply to all other food assistance
     
  4. 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.
     

2541.3 Income and Resources - The financial eligibility criteria outlined in 5000 and 6000 apply to households in these special living arrangements:

 

  1. To determine the shelter deduction for residents of an alcohol/drug abuse facility, any payment that the resident makes which can be identified specifically 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 a one-person household (or, if children are included, the maximum allotment for a household size that is equal to the total number of food assistance household members that are residing in the facility) 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 a shelter expense. 

 

2541.4 Treatment Center Responsibilities

 

  1. Each treatment and rehabilitation center shall provide the Area EES Program Administrator or his/her designee with a list of currently participating residents on a monthly basis. This list shall include a statement signed by a responsible center official attesting to the validity of the list. The Area EES Program Administrator or his/her designee shall conduct periodic on-site visits to the center to assure the accuracy of the listings and that the center's records are consistent and up-to-date.
     
  2. The treatment center shall notify the local office, as provided in 9121 or 9122, of changes in the household's income or other circumstances. The treatment center shall also notify the local office when the household leaves the treatment center.
     
  3. The treatment center receiving benefits on behalf of a household shall store the Kansas Benefits Card(s) in a secure location.
     
  4. The organization or institution 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 circumstances and should carefully review those circumstances with residents prior to acting as an authorized representative for the resident. 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 treatment center.

    Claims shall be established on the system, however, a repayment plan shall NOT be entered for the claim to prevent collecting from the recipient, either through benefit reduction or TOP. A notice of repayment must be sent to the facility, clearly explaining the name of the resident who was overpaid, the reason for the overpayment, and that repayment is expected as soon as possible.
     

2541.5 Responsibility of Treatment Center When Resident Exits

 

  1. When a household leaves the treatment center before the 16th of the month, the center shall provide the resident household with one-half of it's allotment.
     
  2. When a household leaves the treatment center on or after the 16th of the month, the facility has the right to retain all food assistance benefits issued for that month.

NOTE: The rules listed above in 2541.5 (1) and (2) apply regardless of whether the food assistance benefits are available before or after the household's departure.

  1. The treatment center shall note in its records the amount and date food assistance benefits are credited to departing residents.
     
  2. Once the household leaves the center, the treatment center may no longer act as that household's authorized representative. The center 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 treatment center, and shall advise the household to return the form to the appropriate office within 10 days.
     
  3. When a client leaves an ADA facility with a POS device, and is entitled to all or part of the benefits already deducted from their account, the ADA facility should complete a Food Assistance purchase refund. This will debit the center's daily transactions and credit the client's food assistance benefit account. (Another way for the facility to access the food assistance benefits is to determine a prorated daily amount based on that individuals food assistance benefit, with the facility swiping the card weekly or bi-weekly based on the "cost" of meals for the week. This will reduce the number of refunds that the facility may be required to do.) Facilities that are not authorized as a retailer and who must shop with individual cards will need to carefully use the food assistance benefits to insure that benefits are left in the client's account should they leave the facility before the 15th.
     

  4. Instruct the client to call the local office to have the ADA facility removed as their authorized representative when they leave the facility.

 

2541.6 Agency Responsibility to Report Misuse - The local DCF office shall promptly notify the Economic & Employment Support Policy Section when it has reason to believe that a treatment center is misusing a resident's food assistance 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 coupons 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 center'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.

 

2541.7 Agency Action When the Treatment Center is Disqualified or Loses Certification - If the treatment center 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 treatment center as a retailer and the authorized representative status of the facility is suspended, all residents of the treatment center are ineligible. The residents are not entitled to a notice of adverse action but shall receive a written notice explaining the termination and when it will become effective.