218 R.I. Code R. 218-RICR-20-00-1.1

Current through December 3, 2024

Section 218-RICR-20-00-1.1 - General Information

1.1.1Authority

A. All regulations and procedures for the certification of Supplemental Nutrition Assistance Program (SNAP) households and subsequent issuance of SNAP benefits to eligible households are authorized by the Food and Nutrition Act of 2008 (as amended through Pub. Law 116-94).

1. Regulations issued pursuant to the act are contained in 7 C.F.R. Parts 271 through 282.

2. Program operations are conducted in Rhode Island under the terms of R.I. Gen. Laws Chapter 40-6.

1.1.2Uses for SNAP Benefits

A. SNAP benefits are designed for use by participants to purchase eligible foods. "Eligible foods" means:

1. Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption; and

2. Seeds and plants to grow foods for the personal consumption of eligible households.

3. Meals prepared and delivered by an authorized meal delivery service to households eligible to use SNAP benefits to purchase delivered meals, or meals served by an authorized communal dining facility for the elderly, for Supplemental Security Income (SSI) households or both, to household eligible to use SNAP benefits for communal dining.

a. Meal delivery services are provided to eligible household members sixty (60) years of age or over and their spouses, and household members living with a disability, and their spouses to the extent that they are unable to adequately prepare all their meals may use all or part of the SNAP benefits issued to them to purchase meals from a non-profit meal delivery service which is authorized by Food and Nutrition Service (FNS) as a retailer or which has a contract with the State agency, such as Meals on Wheels.

b. Communal dining facilities include senior citizen centers, apartment buildings occupied primarily by elderly persons or SSI households, public or private non-profit establishments (eating or otherwise) that feed elderly persons or SSI recipients, and federally subsidized housing for the elderly.

(1) It also includes private establishments which contract with an appropriate State or local agency to offer meals at concession prices to elderly persons or SSI recipients, and their spouses.

4. Meals prepared and served by a drug or alcohol treatment and rehabilitation center to center participants and their children who live with them;

a. Members of eligible households who are narcotic addicts or alcoholics, and who regularly participate in a drug or alcoholic treatment and rehabilitation program, may use all or part of the SNAP benefits issued to them to purchase meals prepared for them during the course of such programs by a private non-profit organization or institution or a publicly operated community mental health center.

5. Meals prepared and served by a group living arrangement facility to residents who are blind or disabled;

a. "Group living facility" means a public or private non-profit residential setting serving no more than sixteen (16) residents which is certified by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH), under Regulations issued in the Social Security Act, 42 U.S.C. § 1382(e).

6. Meals prepared by and served by a shelter for battered persons and children to its eligible residents;

a. "Shelter for battered persons and children" means a public or private non-profit residential facility which serves battered persons and their children.

(1) If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons and children.

b. Eligible residents of shelters for battered persons and children may use all or part of their SNAP benefits to purchase meals prepared and served by a shelter which is authorized by FNS to redeem at wholesalers, or which redeems at retailers as the authorized representative of participating households.

7. In the case of homeless SNAP households, meals prepared for and served by an authorized public or private nonprofit establishment (e.g., soup kitchen, temporary shelter), approved by Department of Human Services (DHS), that feeds homeless persons; and

8. In the case of homeless SNAP households, meals prepared by a restaurant which contracts with DHS to serve meals to homeless persons at concessional (low or reduced) prices.

9. Eligible household members sixty (60) years of age or over, or who receive supplemental security income benefits or disability or blindness payments under Title I, II, X, XIV, or XVI of the Social Security Act, 42 U.S.C. Chapter 7, and their spouses may use all or any part of the SNAP benefits issued to them to purchase meals prepared by a restaurant which contracts with the DHS to offer meals for such persons at concessional (low or reduced) prices.

B. Another person may be designated by the household to purchase the food.

1. Households are not required to have cooking facilities or access to cooking facilities to participate in the program.

1.1.3Non-Discrimination

A. The agency is committed to the impartial and equitable treatment of all individuals in the administration of the Supplemental Nutrition Assistance Program. The non-discrimination statement of the Supplemental Nutrition Assistance Program is:

1. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights Regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, including gender identity and sexual orientation, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

2. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits.

3. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

4. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

5. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

a. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW Washington, D.C. 20250-9410; or

b. Fax: (202) 690-7442; or

c. Email: OAC@usda.gov.

6. USDA is an equal opportunity provider.

B. Discrimination Complaint Process

1. Individuals who believe that they have been subject to discrimination may file a complaint with the Secretary of Agriculture or the Administrator of FNS, Washington, DC 20250, and/or with the Director of the DHS or her designee.

a. A complaint must be filed no later than one hundred eighty (180) days from the date of the alleged discrimination.

(1) However, the time for filing may be extended by the Secretary.

b. The agency must accept all complaints of discrimination, written or verbal, and if requested to do so, forward them promptly to the Secretary or the Administrator of FNS;

(1) Otherwise, civil rights complaints should be forwarded to the Community Relations Liaison Office at 25 Howard Avenue, Bldg. 57, Cranston, R.I. 02920.

2. Written complaints are accepted by the Secretary of Agriculture or the Administrator of FNS or the Director of DHS.

3. Any person who believes that they have been subject to discrimination may also file a complaint with the Director of DHS or her designee, in addition to, or in place of, the one filed with the Secretary of Agriculture or the Administrator of FNS.

1.1.4Complaints Not Relating to Discrimination

A. A complaint is any oral or written expression of dissatisfaction made to staff, either in the field or to Central Office personnel or department officials, by a member of the community questioning such issues as delays in processing or general services to participants.

1. Such complaints may be filed by participants, potential participants or other concerned individuals or groups.

a. They do not include complaints alleging discrimination on the basis of race, gender, age, religion, creed, national origin, political beliefs or disabilities.

b. Nor do these complaints include ones pursued through the fair hearing process or complaints that can be immediately resolved, or resolved by the close of the next business day.

2. Inquiries are not considered complaints.

a. An inquiry is when an applicant or recipient seeks the answer to a question such as where I can receive an application, when will I receive my benefits, when will my application be approved, etc.

3. Whenever a complaint is received by staff and cannot be immediately resolved or resolved by the close of the next business day, a Complaint Form must be filled out by the person receiving said complaint.

4. The agency must follow up on all complaints, resolve complaints, take corrective action where warranted, and respond to the complainant on the disposition of the complaint.

1.1.5Equal Access to Justice

A. The purpose of R.I. Gen. Laws § 42-92-1 is to provide equal access to justice for small businesses and individuals.

1. The Rules and Regulations of this law govern the application and award of reasonable litigation expenses to qualified parties in fair hearing and Administrative Disqualification Hearing proceedings conducted by the DHS for the Supplemental Nutrition Assistance Program.

2. Individuals should be encouraged to contest unjust administrative actions in order to further the public interest, and toward that end, such parties should be entitled to State reimbursement of reasonable litigation expenses when they prevail in contesting an agency action which is, in fact, unfair and unjust according to the statute cited above.

1.1.6Personnel Standards

A. Agency personnel used in the certification process are employed in accordance with the current standards for the merit system of personnel administration. Agency employees meeting the above requirements perform the interviews required in § 1.3.4 of this Part.

1. Volunteers and other non-agency employees cannot conduct certification interviews or certify SNAP applicants.

2. Individuals and organizations who are parties to a strike or lockout and their facilities may not be used in the certification process except as a source of verification of information supplied by an applicant.

3. Only authorized employees of the DHS involved in the administration of the Supplemental Nutrition Assistance Program are allowed to issue Electronic Benefit Transfer (EBT) cards and Personal Identification Numbers (PIN).

1.1.7Disclosure of Information

A. The agency must restrict the use or disclosure of information obtained from SNAP applicant households to the following persons:

1. Persons directly connected with the administration or enforcement of the Food and Nutrition Act of 2008 (as amended through Pub. Law 116-94) or Regulations, other Federal assistance programs, federally-assisted State programs providing assistance on a means-tested basis to low-income individuals, or general assistance programs which are subject to the joint processing requirements described in § 1.3.2(B) of this Part;

2. Persons directly connected with the administration or enforcement of the programs which are required to participate in the Income and Eligibility Verification System (IEVS) to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs;

3. Persons directly connected with the verification of immigration status of non-citizens applying for SNAP benefits, through the Systematic Alien Verification for Entitlements (SAVE) program, to the extent the information is necessary to identify the individual for verification purposes;

4. Persons directly connected with the administration of the Child Support Enforcement program under the Social Security Act, Title IV, Part D, 42 U.S.C. § 651, in order to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. Chapter 7;

5. Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law; and

6. Local, State, or Federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 (as amended through Pub. Law 116-94), or its Regulations.

a. The written request must include the identity of the individual requesting the information, their authority to do so, the violation being investigated and the identity of the person on whom the information is requested.

b. Notwithstanding any other provision of law, the address, Social Security Number, and if available, any photograph of any member of any household shall be made available, upon written request, to any Federal, State, or local law enforcement officer if the officer furnishes the State agency with the name of the member and notifies the agency that:

(1) The member is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime (or an attempt to commit a crime) that is a felony under the law of the place from which the individual is fleeing or which, in the case of New Jersey, is a high misdemeanor under the State of New Jersey; or violating a condition of probation or parole imposed under a Federal or State law; or

(2) The member has information that is necessary for the officer to conduct an official duty related the above;

(3) Locating or apprehending the member is an official duty; and

(4) The request is being made in the proper exercise of an official duty.

B. Recipients of information released under this Section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this Section. In addition, information received through the IEVS must be protected from unauthorized disclosure as required by Regulations established by the information provider. Information released to the agency pursuant to the Internal Revenue Code of 1954, 26 U.S.C. § 6103(a), is subject to the safeguards established by the Secretary of the Treasury in 26 U.S.C. § 6103 and implemented by the Internal Revenue Service in its publication, Tax Information and Security Guidelines.

1.1.8The Household's Access to its Case Record

A. If there is a written request by a responsible member of the household, its currently authorized representative, or a person acting in its behalf to review materials contained in its case record, the material and information contained in the case record pertaining to SNAP benefits are made available for inspection during normal business hours. However, the agency must withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions.

218 R.I. Code R. 218-RICR-20-00-1.1

Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023
Amended effective 9/22/2024
Amended effective 10/1/2024
Amended effective 10/24/2024