N.Y. Comp. Codes R. & Regs. tit. 14 § 686.17

Current through Register Vol. 46, No. 50, December 11, 2024

Section 686.17 - Food stamp benefits

(a)Applicability.

This section applies to non-profit organizations and governmental entities (other than OPWDD) with an OPWDD - issued operating certificate to operate an IRA or community residence of 16 or fewer beds, and to all individuals living in IRAs or community residences of 16 or fewer beds operated by non-profit organizations or governmental entities (other than OPWDD).

(b)Applying for food stamp benefits.

(1) The provider shall apply for food stamp benefits for each individual for whom an application for food stamp benefits has not already been made, unless:

(i) the individual is capable of independently managing money and does not allow the provider to apply for food stamp benefits; or

(ii) the individual and provider agree that the individual will pay for, obtain and prepare all of his or her own food; or

(iii) the individual pays the provider the specified amount for food.

(a) Effective October 1, 2010, the individual shall pay the provider $200 per month.

(b) For the period November 1, 2013 to December 31, 2013, the amount that the individual is required to pay to the provider for food is reduced by $11 per month. The provider shall reimburse any individual for any amount the individual paid in excess of $189 per month for the period November 1, 2013 to December 31, 2013.

(c) Effective January 1, 2014, the individual shall pay the provider $189 per month.

(d) Effective January 1, 2015, the individual shall pay the provider $194 per month.

(e) Effective January 1, 2018 through December 31, 2018, the individual shall pay the provider $191.50 per month. Effective January 1, 2019, the individual shall pay the provider $192 per month.

(2) Each individual capable of independently managing money, and for whom an application for food stamp benefits has not already been made, shall apply for food stamp benefits unless:

(i) the individual allows the provider to apply on his or her behalf; or

(ii) the individual and provider agree that the individual will pay for, obtain and prepare all of his or her own food; or

(iii) the individual pays the provider for food as specified in this subparagraph.

(a) Effective October 1, 2010, the individual shall pay the provider $200 per month.

(c) Effective January 1, 2014, the individual shall pay the provider $189 per month.

(d) Effective January 1, 2015, the individual shall pay the provider $194 per month.

(e) Effective January 1, 2018 through December 31, 2018, the individual shall pay the provider $191.50 per month. Effective January 1, 2019, the individual shall pay the provider $192 per month.

(c)Maintaining eligibility for food stamp benefits.

(1) As used in this section maintain eligibility for food stamp benefits means recertifying eligibility for food stamp benefits, providing information for purposes of determining and verifying eligibility for food stamp benefits and otherwise cooperating with Federal, State and local government agencies in the administration of the food stamp program. It does not mean refusing employment, public benefits, gifts or receipt of other income or assets which would make the individual ineligible for food stamp benefits.

(2) The provider shall maintain eligibility for food stamp benefits for each individual for whom the provider has applied for such benefits.

(3) Each individual for whom the provider has not applied for food stamp benefits must maintain his or her eligibility for food stamp benefits, or allow the provider to maintain eligibility and give the provider whatever information is needed to do so.

(d)Redeeming food stamp benefits or paying for food.

(1) The provider may obtain and redeem food stamp benefits for each individual for whom the provider applied for such benefits.

(2) Each individual for whom the provider has not applied for food stamp benefits must either:

(i) allow the provider to obtain and redeem his or her food stamp benefits; or

(ii) if the provider agrees, pay for, obtain and prepare all of his or her own food; or

(iii) if the provider requests, pay the provider for food as follows:

(a) if the individual receives food stamp benefits, the individual must pay an amount equal to the food stamp benefits the individual receives;

(b) if the individual does not allow the provider to apply for food stamp benefits, does not make his or her own application or maintain his or her own eligibility for food stamp benefits, and does not present documentation of an inability to pay the required amount, the individual must pay the provider as specified in this clause;

(1) Effective October 1, 2010, the individual shall pay the provider $200 per month for food.

(2) For the period November 1, 2013 to December 31, 2013, the amount that the individual is required to pay to the provider for food is reduced by $11 per month. The provider shall reimburse any individual for any amount the individual paid in excess of $189 per month for the period November 1, 2013 to December 31, 2013.

(3) Effective January 1, 2014, the individual shall pay the provider $189 per month for food.

(4) Effective January 1, 2015, the individual shall pay the provider $194 per month.

(5) Effective January 1, 2018 through December 31, 2018, the individual shall pay the provider $191.50 per month. Eff ective Janu- ary 1, 2019, the individual shall pay the provider $192 per month.

(c) if the application for food stamp benefits for the individual was denied, or if the individual presents documentation that he or she cannot pay the required amount, the individual shall pay an amount he or she is able to pay;

(d) if the individual and the provider agree upon a reduced amount, the individual must pay the agreed-upon reduced amount for food and/or allow the provider to obtain and redeem the agreed-upon amount of the individual's food stamp benefits.

(e) The provider may not unreasonably withhold agreement to an arrangement whereby an individual pays for, obtains and prepares his or her own food. The provider shall base a decision on whether to agree to such an arrangement on the best interests and needs of the individual in accordance with his or her plan of services, and may not base such a decision on the provider's convenience or finances.

(f) The provider shall not decrease the amount of money it gives an individual for food purchases, whether from the individual's food stamp benefits or otherwise, or change any arrangement with the individual whereby the individual purchases or prepares some of his or her food or meals, unless such change is based on the individual's best interests and needs in accordance with his or her plan of services.

(g) A provider may not discharge an individual from a residence or deny an individual admission to a residence because of failure to pay for food or because of OPWDD's failure to grant an appeal pursuant to section 686.13(i)(1)(vii) of this Part.

(h) A provider's obligation to provide for the nutritional needs of a person as set forth in sections 633.4(a)(4) and 635-9.1(a)(1)(x) of this Title is not diminished or altered because of an individual's receipt or lack of receipt of food stamp benefits or because of fluctuations in the amount of food stamp benefits.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 686.17

Amended, New York State Register, Volume XXXVI, Issue 12, effective 3/26/2014

Amended New York State Register March 25, 2015/Volume XXXVII, Issue 12, eff.3/25/2015

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff.11/1/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register March 28, 2018/Volume XL, Issue 13, eff. 3/28/2018