Md. Code Regs. 07.03.17.61

Current through Register Vol. 51, No. 26, December 27, 2024

Section 07.03.17.61 - Maryland Restaurant Meals Program

A. Purpose. The Maryland Restaurant Meals Program provides elderly, disabled, and homeless SNAP recipients with the option to use their benefits to purchase hot, prepared foods from restaurants that have been approved by the Administration to participate in the program.

B. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) 'Administration" means the Family Investment Administration of the Department of Human Services.

(b) "FNS" means the United States Department of Agriculture Food Nutrition Service.

(c) "MOU" means memorandum of understanding.

(d) 'Program " means the Restaurant Meals Program.

(e) "Restaurant" is defined as a private for-profit establishment where meals are sold and served to customers, including in store delis or delicatessens and food trucks.

C. The Restaurant Application Process.

(1) A restaurant shall submit a complete Restaurant Meals Program application to the Administration.

(2) A complete Program application shall include:

(a) A completed MOU form; and

(b) A completed U.S. Department of Agriculture Supplemental Nutrition Assistance Program Application for Meal Services form.

(3) Once an application is received by the Administration, the Administration shall review a restaurant's application for completion and accuracy.

(4) Incomplete Application.

(a) The Administration will notify the applicant of all missing information by issuing a request for additional information within 30 days of application receipt.

(b) If the applicant does not provide the requested information within 10 calendar days from the date of a request for information, the Administration shall deny the application.

(5) Once the Administration determines an application is accurate and complete, it will forward the application to FNS for review and authorization.

(6) If FNS does not authorize the restaurant to accept SNAP benefits, the Administration shall deny the application.

(7) If FNS does authorize the restaurant to accept SNAP benefits:

(a) The effective date of the MOV will be the date FNS provides its authorization for the restaurant;

(b) The Administration shall insert the effective date on the MOV, which will then execute the MOV; and

(c) The executed MOV will be mailed to the restaurant.

D. Participating restaurants:

(1) Shall have an executed MOV with the Administration. One MOV may be executed for restaurants applying for multiple locations, provided that all restaurants are under the same ownership or structure;

(2) Shall be authorized by FNS;

(3) Shall offer meals at concessional prices by:

(a) Serving meals that cost less than that which would be charged to customers not using SNAP benefits with a sales price at least 10 percent less than the sales price charged to customers who are not using SNAP benefits to pay for similar meals;

(b) Serving meals already discounted for certain customers; or

(c) Serving meals offered to all customers at advertised special or sale prices;

(4) Shall be fully accessible to the disabled;

(5) Shall have more than 50 percent of total sales in food;

(6) May not be set exclusively for carry-out;

(7) Shall collect SNAP benefits at the time of meal delivery;

(8) May not be operating as a bar or tavern;

(9) Shall post a sign notifying the public of the restaurant's participation in the program;

(10) May not charge, include, or otherwise collect a service gratuity for any food or meals sold to an individual participating in the program;

(11) May not charge, include, or otherwise collect a sales or meals tax for any food or meal sold to an individual participating in the program; and

(12) May not allow individuals participating in the program to purchase alcoholic beverages with SNAP benefits.

F. Household Eligibility.

(1) An eligible household under this section may purchase hot, prepared foods at participating restaurants using SNAP benefits.

(2) A household is eligible to participate in the RMP if the household is eligible to receive food supplement program benefits under State and federal law, and the household:

(a) Lacks a fixed, regular, and adequate nighttime residence;

(b) Includes only individuals who are:

(i) 60 years old or older; or

(ii) Designated disabled by a government entity;

(c) Includes only an individual and the individual's spouse if the individual is:

(i) 60 years old or older; or

(ii) Designated disabled by a government entity; or

(d) Includes only:

(i) Individuals who are 60 years old or older; and

(ii) Individuals who are designated disabled by a government entity.

(3) Determining Household Eligibility. The Administration shall review a household for program eligibility:

(a) During the initial application for SNAP benefits; and

(b) Each time the house is recertified or reporting a change.

(4) Notification of Household Eligibility.

(a) The Administration shall notify the household of its program eligibility.

(b) The Administration shall notify the household if its program eligibility is discontinued and the reason for the discontinuation.

(5) Fair Hearing Process.

(a) The Administration shall provide notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the Administration notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance.

(b) The appeal procedures are set forth in COMAR 07.01.04.

Md. Code Regs. 07.03.17.61

Regulation .61 adopted effective 47:14 Md. R. 674, eff. 7/16/2020