Section 1240-01-31-.02 - GROUP LIVING ARRANGEMENTS(1) Resident Of Group Living Arrangements. Disabled or blind residents of a group living arrangement who receive benefits under Title II of Title XVI of the Social Security Act may voluntarily apply for the Food Stamp Program. The county shall certify these residents using the same provisions that apply to all other households. Prior to certifying any residents, the county shall verify that the group living arrangement is authorized by FNS or the Department of Mental Health and Retardation. Once the county verifies that the institution is authorized by the Department of Mental Health and Retardation, it must also verify that it is a non-profit residence.(2) Application Process. (a) Residents of group living arrangements shall either apply and be certified:1. Through use of an authorized representative employee and designated by the group living arrangement;2. Apply and be certified on their own behalf; or3. Through an authorized representative of their own choice.(b) The group living arrangement shall determine if any resident may apply for Food Stamps on his or her own behalf; the determination should be based on the resident's physical and mental ability to handle his or her own affairs. The group living arrangement is encouraged to consult with any other agencies providing services to individual residents prior to a determination.(c) All of the residents of the group living arrangement do not have to be certified either through an authorized representative or individually in order for one or the other method to be used. Applications shall be accepted for any individual applying as a one person household or for any grouping of residents applying as a household as defined in 1240-1-2-.02.(d) If the resident applies using the facility as an authorized representative, the group living arrangement may either receive and spend the coupon allotment for food prepared by and/or served to the eligible resident or allow the eligible resident to use all or any portion of the allotment on his or her own behalf. The same provisions applicable in 1240-1-31-.01(4)(b), (d), (e) and (6)(c) to residents of treatment centers also apply to blind or disabled residents of group living arrangements when the facility acts as the resident's authorized representative.(e) If the residents are certified on their own behalf, the coupon allotment may either be: 1. Returned to the facility to be used to purchase meals served either communally or individually to eligible residents;2. Used by eligible residents to purchase and prepare food for their own consumption; and/or3. Used to purchase meals prepared and served by the group living arrangement.(f) If the group living arrangement has its status as an authorized representative suspended by FNS as discussed in 1240-1-31-.01(6)(h), residents applying on their own behalf shall still be able to participate if otherwise eligible.(3) Reporting Changes. (a) If the resident has made application on his or her own behalf, the household is responsible for reporting changes to the county office in accordance with the provisions that apply to all other Food Stamp households as stated in 1240-1-19-.04.(b) If the group living arrangement is acting in the capacity of an authorized representative, the group living arrangement shall notify the county office of changes in the household's income or other household circumstances in accordance with the provisions that apply to all other Food Stamp households. The group home shall also notify the county office when the individual leaves the group living arrangement. (See Section 1240-1-19-.04) The group living arrangement shall return any household's ATP card or coupons to the county office if they are received after the household has left the group living arrangement.(4) Household Leaves The Group Living Arrangement. (a) Facility Has Use of Coupons. 1. When the household leaves the facility, the group living arrangement, either acting as an authorized representative or retaining use of the coupons on behalf of the residents (regardless of the method of application) shall provide residents with their ID card (if applicable) and any untransacted ATP cards. Also, the departing household shall receive its full allotment if the monthly allotment has been issued and no coupons have been sent on behalf of that individual household. These procedures are applicable any time during the month.2. When an individual leaves the group living arrangement prior to the 16th day of the month and coupons have already been issued and any portion spent on behalf of the individual, the facility shall provide the household with its ID card (if applicable) and one-half of its monthly coupon allotment. If the household leaves after the 16th of the month and the coupons have already been issued and used, the household does not receive any coupons.3. When a group of residents has been certified as one household and has returned the coupons to the facility to use, the departing residents shall be given a pro rata share of one-half of the household's monthly coupon allotment if leaving prior to the 16th day of the month. EXAMPLE Three residents have been certified as one household within the group living arrangement facility. Their monthly coupon allotment would be $165.00; one-half of this amount is $83.00. Therefore, each person's pro rata share would be one-third of $83.00 or $28.00.
4. Once the resident leaves, the group living arrangement no longer acts as his or her authorized representative.5. The group living arrangement shall, if possible, provide the household with a Change Report Form to report to the county office the individual's new address and other circumstances after leaving the group living arrangement and shall advise the household to return the form to the appropriate office in the county within 10 days.(b) Household Retains Use of Coupons.1. If a resident or a group of residents apply on their own behalf and if they retain use of their own coupons, these individuals are entitled to keep the coupons when they leave the group living arrangement. If a group of residents has applied as one household, a pro rata share of the remaining coupons shall be provided to any departing household member. EXAMPLE
A group of four residents apply as one household. Their monthly coupon allotment is $209.00. One of the four residents leaves the facility on the 18th of the month. The group has $100.00 of coupons remaining. The individual leaving would receive one-fourth of the $100.00 coupons or $25.00 in coupons.
2. Although the household is responsible for reporting changes in household circumstances, the group living arrangement shall, if possible, provide the household with a Change Report Form to report to the county office the individual's new address and other circumstances after leaving the group living arrangement. The facility should also advise the household to return the form to the appropriate office in the county within 10 days. (5) Liabilities. The same provisions regarding misrepresentation and fraud applicable to drug and alcoholic treatment centers also apply to group living arrangements when the facility is acting as an authorized representative [see 1240-1-31-.01(6)(e) and (f) ]. These provisions are not applicable if a resident has applied on his or her own behalf. The resident applying on his or her own behalf shall be responsible for overissuances as would any other Food Stamp household (see 1240-1-20).(6) Use Of Coupons By Residents. (a) Group living arrangements may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at a center location as part of the group living arrangement services or if meals are prepared at a central location for delivery to the individual residents.(b) If residents purchase and/or prepare food for "home consumption" as opposed to communal dining, the group living arrangement shall ensure that each resident's Food Stamps are used for meals intended for that resident.(c) If the resident retains use of his or her own coupon allotment, he or she may either use the coupons to purchase meals prepared for them by the facility or to purchase food to prepare meals for their own consumption.Tenn. Comp. R. & Regs. 1240-01-31-.02
Original rule filed August 15, 1980; effective September 29, 1980.Authority: T.C.A. § 14-27-104; 7 CFR 273.11.