10-144-301 Me. Code R. § 400-FS 444-5
Residents of centers for the treatment of substance use disorders or group living arrangements for individuals with disabilities have the same rights to notices of adverse action, fair hearing and entitlement to lost benefits as do all other SNAP households.
Application for residents of centers for the treatment of substance use disorders together with their spouse and children who reside at the center must be made through an authorized representative who is an employee of the center. Residents together with their spouse and children shall have their eligibility determined separately from other residents of the facility. Each application must be for an individual household. The recipient's benefits will be controlled by the center.
The center must be certified by the State of Maine Office of Behavioral Health as providing residential treatment of individuals with substance use disorders.
A center which knowingly provides false information or does not handle benefits properly may be disqualified from participation in SNAP. Repeated occurrences shall be referred to the Senior Program Manager - SNAP, for review.
The Department will conduct an interview if the household requests one.
NOTE: If the center charges for room and board, the room expense is included in the budget as a rent expense (see Section 555-5(7)(A)(1)), but the board expense is not. If the center does not provide an itemized bill, the rent included in the budget is determined by subtracting the Thrifty Food Plan (Section 999-3 Chart 5) for the household size, from the total room and board expense.
If benefits have already been issued and any portion has been spent on behalf of the household, and they leave the center prior to the 16th of the month, the center shall provide the household with one-half of their monthly allotment.
If the household leaves after the 16th of the month, and the benefits have already been issued and used, the household does not receive any benefits for that month.
A group living arrangement for individuals with disabilities is a public or private nonprofit facility, serving no more than 16 residents (the majority of whom are SSI recipients), that is approved by the State of Maine Department of Health and Human Services.
An individual with disabilities (as defined in Section 999-1) living in an approved group living arrangement for individuals with disabilities may be eligible for benefits. The group living arrangement for individuals with disabilities shall determine whether a resident may apply on their own behalf.
If the resident applies on their own behalf, they are responsible for reporting changes in their situation to the Office for Family Independence (OFI). If the group living arrangement is acting as authorized representative, it is responsible for reporting changes in the household's circumstances, and when the household leaves the facility.
If the facility charges for room and board, the room expense is included in the budget as a rent expense, but the board expense is not. If the facility does not provide an itemized bill, the rent included in the budget is determined by subtracting the Thrifty Food Plan (Section 999-3 Chart 5) for the household size, from the total room and board expense.
When the household leaves the facility, regardless of the method of application or the time of the month, the facility shall provide the resident(s) with their EBT Card (if applicable), and the departing household shall receive their full allotment if no benefits have been spent on their behalf.
If the benefits have already been issued, and any portion spent on behalf of the household and the departure is prior to the 16th of the month, the facility shall provide the household with their EBT Card and one-half of their monthly allotment. If the household leaves after the 16th of the month and the benefits have already been issued and used, the household does not receive any reimbursement.
If a group of residents have been certified as one household, and one or more depart prior to the 16th of the month, the facility will notify OFI and one half the departing residents' share of the benefit will be transferred to their new account.
10-144 C.M.R. ch. 301, § 400-FS 444-5