5101:4-6-01 Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs.

Narcotic addicts or alcoholics who regularly participate in publicly operated or private non-profit drug addiction or alcoholic treatment and rehabilitation programs on a resident basis may voluntarily apply for the food assistance program.

(A) What is the certification process for treatment center residents?

(1) Applications must be made through an authorized representative who is employed by the treatment center and designated by the center for that purpose.

(2) The county agency shall require the assistance group to designate the treatment center as its authorized representative for the purpose of receiving and using an allotment on behalf of the assistance group.

(3) Residents must be certified as a one-person assistance group unless their children are living with them, in which case their children must be included in the assistance group.

(4) The county agency must certify residents of treatment centers using the same provisions that apply to all other assistance groups, including, but not limited to, the same rights to notices of adverse action and fair hearings.

(5) The county agency must conduct periodic random on-site visits to the treatment center to ensure the accuracy of the list (as provided in paragraph (C)(3) of this rule) and that the county agency's records are consistent and up to date.

(B) What must the treatment center provide in order for the residents of the center to be eligible to receive food assistance?

The facility must provide evidence that it is:

(1) Tax exempt;

(2) Certified by the Ohio department of drug and alcohol services as:

(a) Receiving funding under part B of Title XIX of the Public Health Service Act, 42 U.S.C. 300x (1992);

(b) Eligible to receive funding under part B of Title XIX even if no funds are being received;

(c) Operating to further the purposes of part B of Title XIX, to provide treatment and rehabilitation of drug addicts and/or alcoholics; or

(3) Authorized as a retailer by food and nutrition service.

(a) When the United States department of agriculture (USDA), food and nutrition service (FNS) disqualifies a treatment program as an authorized retail food store, the county agency shall suspend its authorized representative status for the same period.

(C) What are the responsibilities of the treatment and rehabilitation centers?

(1) Accessing the benefits: treatment centers may redeem benefits by using the assistance group's electronic benefit transfer (EBT) card at authorized stores or at a point of sale device at the center, when the center is an authorized retailer.

(2) Change notification: the treatment center must notify the county agency of changes in the assistance group's circumstances as described in rule 5101:4-7-01 of the Administrative Code and when an assistance group leaves the treatment center. When an individual leaves a treatment center the center must:

(a) Provide the assistance group with a change report form to report to the county agency the assistance group's new address and other circumstances after leaving the center;

(b) Advise the assistance group to return the form to the appropriate county agency office within ten days;

(c) No longer act as the assistance group's authorized representative for certification purposes or for obtaining or using food assistance benefits; and

(d) Provide the assistance group with his/her EBT card if the card was in the possession of the center. When the assistance group has already left the center, the center must return the EBT card to the county agency.

(3) List of current participants: the treatment center must provide the county agency with a list of currently participating residents that includes a statement signed by a responsible center official attesting to the validity of the list. The participating resident list must be supplied to the county agency by the treatment center on a monthly basis.

(4) The organization or institution shall be responsible for any misrepresentation or intentional program violation which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the assistance group'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 residents and for all overpayments which occur while the assistance group is a resident of the treatment center.

(D) What must the treatment center do with food assistance benefits of recipients that have left the center?

(1) When the assistance group leaves prior to the sixteenth of the month the county agency shall permit the return of one-half of the allotment to the assistance group's EBT account through a refund.

(2) When the assistance group leaves the center on or after the sixteenth day of the month the assistance group must be allowed to receive any remaining benefits authorized or posted to the EBT account at the time the assistance group leaves the center.

(3) The county agency shall promptly notify the state agency when it has reason to believe that an organization or institution is misusing benefits in its possession. The state agency shall notify FNS of the report. The county agency shall not take any action against the organization or institution prior to FNS action. Upon a determination of misuse by FNS the county agency shall establish a claim for the overpayments of food assistance benefits held on behalf of residents as stipulated in paragraph (C)(4) of this rule. When FNS disqualifies an organization or institution as an authorized retail food store, the county agency shall suspend its authorized representative status for the same period.

(4) When the center loses its authorization under Title XIX, or its FNS authorization as a retail food store is revoked, participation by any resident is automatically canceled. A notice of adverse action is not required but the center and each recipient shall be notified in writing of their ineligibility.

Effective: 6/1/2015
Five Year Review (FYR) Dates: 02/27/2015 and 06/01/2020
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 9/27/82, 6/15/86 (Emer.), 9/13/86, 3/24/88 (Emer.), 6/18/88, 9/1/94, 10/1/96, 10/1/97, 2/1/99, 6/1/01 (Emer.), 8/27/01, 12/1/04, 5/24/07, 3/1/10