Section 1240-01-31-.01 - DRUG ADDICT AND ALCOHOLIC TREATMENT CENTERS - FOOD STAMPS ONLY(1) Authorization Of Drug And Alcoholic Treatment Centers. Drug and alcoholic treatment centers must be authorized to receive and utilize food coupons on behalf of eligible recipients/residents, via an authorized representative employed by the treatment program. The program must meet the following criteria prior to the certification of residents by Family Assistance Certification personnel:(a) The program must be certified by the Department of Mental Health as a bona fide treatment program.(b) The program must be conducted by a private, non-profit organization or institution, or a publicly operated community health center. (The program must be authorized by FNS only if it wishes to redeem Food Stamps through wholesalers.)(2) Eligibility As Household Members.(a) Non-Residents. Members of eligible households, including single person households, who are narcotic addicts or alcoholics and who regularly participate in a drug or alcoholic treatment and rehabilitation program on a non-resident basis may use coupons to purchase food prepared for them during the treatment program. This treatment program may be operated by a private non-profit organization or institution authorized by the Department of Mental Health as a bona fide treatment center.(b) This treatment program may be operated by a non-profit organization or institution or a publicly operated community health center authorized by the Department of Mental Health as a bona fide treatment center.(3) Residents of treatment centers shall apply and be certified through the use of an authorized representative who is an employee of and designated by the private non-profit organization or institution or a publicly operated community health center that is administering the treatment and rehabilitation program.(4) Certification Policy. (a) Reserved for future use.(b) Expedited Service. For those residents of treatment centers and rehabilitation centers who are entitled to expedited service, the eligibility worker shall mail an ATP or have an ATP available to be picked up no later than seven working days following the filing date. If eligibility for the initial application is expedited, the eligibility worker shall complete verification and documentation requirements prior to the issuance of a second coupon allotment.(c) One Person Households. Residents of treatment centers have their eligibility determined as one-person households.(d) Normal Processing Standards. When normal processing standards apply, the eligibility worker shall complete the verification and documentation requirements prior to making an eligibility determination for the initial application.(e) Rights of Certified Residents. Resident households have the same rights to notices of adverse action, fair hearings, and entitlement to lost benefits, as do all other Food Stamp households. A resident of a center has a right to an application and has the right to same day filing. However, the interview, verification, and other certification procedures must be accomplished through the authorized representative.(f) Exemption from Work Registration. As stated in Section 1240-1-3-.45(3)(e), regular participants in drug addiction or alcoholic treatment and rehabilitation programs, either in a resident or non-resident basis, are exempt from work registration requirements.(g) Verification of Participation for Work Registration Exemption. The regular participation of an addict or alcoholic in a treatment program may be verified through the organization or institution operating the program before granting the exemption, if the information is questionable. To be considered questionable the information on the application must be inconsistent with statements made by the applicant or the authorized representative with other information on the application or previous application, or with information known to or received by the eligibility worker prior to certification.(h) Certification Periods. Because of the substantial likelihood of frequent and significant changes and the inability to predict circumstances in the near future, residents of treatment centers are certified usually for 1 or 2 months. However, if a longer certification period is warranted a longer period must be assigned. Households certified after the 15th, whose circumstances warrant it, should have the certification period increased by one month. Residents provided expedited services are given certification periods in accordance with Section 1240-1-5.(5) Basis For Center Participation. Drug addiction or alcoholic treatment and rehabilitation program means any drug addiction or alcoholic treatment and rehabilitation program recognized as a tax exempt organization by the Internal Revenue Service. Such organization or institution must be certified by the Tennessee Department of Mental Health which is the agency designated by the Governor of Tennessee as responsible for state programs for alcoholics and drug addicts. Under Public Law 91-616, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and Public Law 92-255, Drug Abuse and Treatment Act of 1972, such agencies can be designated as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics.(6) Center Responsibilities. (a) Monthly Reports. Each treatment and rehabilitation center shall be asked to provide the county with a certified list of currently participating residents signed by the center director. The county office shall require the listing on a monthly basis.(b) When the Participant Leaves the Center. The treatment center shall at each certification: 1. Provide resident households with their ID card and any untransacted ATP cards issued for the household when the household leaves the treatment center. The departing household shall also receive its full allotment if issued by direct mail and if no coupons have been spent on behalf of that individual household. These procedures are applicable any time during the month. However, if the coupons have already been issued and any portion spent on behalf of the individual and the household leaves the treatment and rehabilitation program prior to the 16th day of the month, the treatment center shall provide the household with one-half of its monthly coupon allotment. If the household leaves after the 16th day of the month and the coupons have already been issued and used, the household does not receive any coupons.2. That once the household leaves the treatment center, the center is no longer allowed to act as that household's authorized representative and that the treatment center shall return any ATPs or coupons received on behalf of households which are no longer residents of the center.3. That the treatment center shall provide the household, if possible, with a change report form and to instruct the household to use the form to report their new address and other circumstances after leaving the center. The center must advise the household to return the form to the appropriate office of the eligibility worker within 10 days.(c) For Reporting Changes. The treatment center shall notify the county office of changes in the household's income or other household changes in circumstances. The treatment center must also notify the eligibility worker when the addict or alcoholic leaves the treatment center. Changes in the household's circumstances shall be processed by using the same standards that apply to all other Food Stamp households.(d) Returning ATP or Coupons. The treatment center shall return the household's ATP or coupons and the ID card to the Food Stamp office if received after the individual has left the center.(e) Center Liability. The organization or institution is responsible for any misrepresentation or fraud which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the household's circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The organization or institution is strictly liable for all losses or misuse of food coupons held on behalf of residents and for all overissuances which occur while the households are residents of the treatment center.(f) Center Penalties and Disqualifications. The organization or institution may be penalized or disqualified by FNS if it is determined either administratively or judicially that coupons were misappropriated or used for purchases that did not contribute to a certified household's meals. The county office shall promptly notify the local FNS office when it has reason to believe that an organization or institution is misusing coupons in its possession. The county office shall not take any action against the organization or institution prior to the FNS action.(g) Claims for Overissuance. The county office shall establish a claim against the treatment center for overissuances of food coupons held on behalf of resident claims if any overissuances are discovered during an investigation or hearing procedure for redemption violations.(h) Disqualified Treatment Center. County offices will receive notification if FNS disqualifies an organization or institution as an authorized retail food store and the county office shall suspend the authorized representative status of that organization or institution for the same period.(7) Residents of drug addict and alcoholic treatment centers that lose their FNS authorization to accept and redeem coupons or lose their certification through the Department of Mental Health shall not be eligible to participate. The residents are not entitled to a Notice of Adverse Action (Form HS-0751, Notice of Disposition), but shall receive a written notice explaining the termination and when it will become effective.Tenn. Comp. R. & Regs. 1240-01-31-.01
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed April 15, 1986; effective July 14, 1986.Authority: T.C.A. §§ 14-27-104; 7 CFR 273.1 and 273.11; PL 99-198.