(A) What is a group living arrangement?
A group living arrangement is a public or private non-profit
residential setting that:
(1) Provides
its residents with a majority of their meals (over fifty per cent of their
meals daily);
(2) Has no more than
sixteen residents; and
(3) Is
certified by a public agency of the state of Ohio under section 1616(e) of the
Social Security Act of 1935 (42
U.S.C.
1382e) (12/1999), or under comparable
standards determined by the secretary of the United States department of
agriculture (USDA).
(B)
What requirements shall a group living arrangement meet for its residents to be
eligible to receive supplemental nutrition assistance program (SNAP) benefits?
(1) Non-profit: the group living arrangement
may be operated by a public agency or private organization but must be
considered non-profit as defined in section
501 of the Internal Revenue Code
(26 U.S.C.
501)
(03/2018)
(12/2019).
(a) The group living arrangement may verify
its non-profit status by verifying that it is authorized by the USDA food and
nutrition service (FNS) to accept SNAP benefits or by providing other
documents.
(b) The verification of
non-profit status may be contained in the license or certificate issued by the
appropriate state agency. Not all group living arrangements certified or
licensed by the state of Ohio are non-profit organizations.
(c) The county agency shall ensure that the
group living arrangement has appropriate non-profit status.
(2) Sixteen or fewer residents: in
order to participate in SNAP under this rule, the maximum number of residents
in the group living arrangement shall be sixteen. Not all residents have to be
eligible for SNAP benefits for others to be eligible. For example:
if
when there
are sixteen residents in a group home and ten apply and only nine are found
eligible, the ineligibility of the one person does not affect the eligibility
of the others.
(3) Certification
and licensure: the group living arrangement shall be certified or licensed by
an agency of the state of Ohio that is authorized under section 1616(e) of the
Social Security Act of 1935 (42
U.S.C.
1382e), or under standards determined
by the USDA secretary. Section 1616(e) of the Social Security Act
(42
U.S.C.
1382e) requires Ohio to designate one
or more state agencies with the authority to set and enforce standards for
various types of group living arrangements. The county agency shall review the
license or certificate of the particular group living
arrangement.
(C) What
state agencies have authority to certify or license group living arrangements?
The designated state agencies, their responsibilities, and the
statutory references are:
(1) Ohio
department of mental health - licensing of residential facilities (section
5119.34 of the Revised Code;
Chapter 5122:3-1 of the Administrative Code).
(2) Ohio department of developmental
disabilities - licensing of residential facilities for the mentally retarded
and the developmentally disabled (section
5123.19 of the Revised Code;
Chapter 5123:2-3 of the Administrative Code).
(3) Ohio department of aging - certifying
adult foster homes for older adults and investigating complaints of individuals
residing in facilities licensed by the Ohio department of health (Chapter 173.
of the Revised Code; agency 173 of the Administrative Code).
(4) Ohio department of job and family
services - licensing of group homes for children (section
5103.03 of the Revised Code;
Chapter 5101:2-9 of the Administrative Code).
(D) What type of residents are eligible to
live in a group living arrangement and still be eligible for benefits?
The resident(s) must be blind or disabled as defined in the
definition of "elderly or disabled member" as set
forth
described in rule
5101:4-1-03 of the
Administrative Code. Aged residents who are not also blind or disabled are not
eligible.
(E) How can
individuals living in a group living arrangement apply for benefits?
(1) Disabled or blind residents of a group
living arrangement may apply for benefits through:
(a) An authorized representative employed and
designated by the group living arrangement;
(b) An authorized representative of their
choice; or
(c) On their own
behalf.
(2) The group
living arrangement shall determine
if
when a resident may apply on
his or her
their own behalf based on the resident's physical and
mental ability.
(3) Some residents
of the group living arrangement may apply on their own behalf while other
residents of the same group living arrangement may apply through the group
living arrangement's representative.
(F) What must the county agency do before
certifying any individuals residing in a group living arrangement?
The county agency shall verify that the group living
arrangement meets the requirements described in paragraph (B) of this
rule.
(G) How is assistance
group composition determined for an individual residing in a group living
arrangement?
(1) When the residents apply on
their own behalf, the assistance group size must be determined in accordance
with the definition of assistance group in rule
5101:4-2-03 of the
Administrative Code. The county agency must certify these residents using the
same provisions that apply to all other assistance groups.
(2) When the residents apply through the use
of the group living arrangement's authorized representative, their eligibility
must be determined as a one-person assistance group.
(H) How can food be purchased in a group
living arrangement setting?
(1) When the
residents are certified on their own behalf, the benefits may be returned to
the group living arrangement to be used to purchase meals served communally or
individually to eligible residents or retained and used to purchase and prepare
food for their own consumption.
(2)
The group living arrangement may purchase and prepare food to be consumed by
eligible residents on a group basis when the residents normally obtain their
meals at a central location as part of the group living arrangement's service
or when meals are prepared at a central location for delivery to individual
residents.
(3) When personalized
meals are prepared and paid for with
food
assistance
SNAP benefits, the group
living arrangement must ensure that the resident's benefits are used for meals
intended for that resident.
(I) What are the responsibilities of the
group living arrangement facility?
The group living arrangement must:
(1) Provide a list of SNAP participants: on a
periodic basis as determined by the county agency each group living arrangement
shall provide the county agency with a list of currently participating
residents and include a statement signed by the group living arrangement
official attesting to the validity of the list.
(2) Cooperate with on-site visits: the group
living arrangement shall cooperate with the county agency when conducting
periodic random on-site visits to the facility to assure the accuracy of the
list and that the county agency's records are consistent and up-to-date. The
frequency of these visits are determined by the county agency. During the
visit, the county agency may also verify other information needed to certify
the facility's residents.
(3)
Report when an assistance group leaves: the group living arrangement shall
notify the county agency when an assistance group has left the group living
arrangement and provide the residents with their electronic benefit transfer
(EBT) card within five days of the
household's
assistance
group's departure. When the assistance group has already left the center,
the center shall return the EBT card to the county agency within five calendar
days. The assistance group, not the group living arrangement, shall be allowed
to sign for and receive any remaining benefits authorized.
(4) Report changes: when the resident has
made application on
his or her
their own behalf, the resident is responsible for
reporting changes to the county agency as
provided
described in
rule
5101:4-7-01 of the
Administrative Code. When the group living arrangement is acting as the
authorized representative, the group living arrangement shall notify the county
agency, as
provided
described in rule
5101:4-7-01 of the
Administrative Code, of changes in the assistance group's
circumstances.
(5) Loss, misuse or
overpayment: the group living arrangement shall be responsible for any
misrepresentation or intentional program violation
which
that it
knowingly commits in the certification of residents. As an authorized
representative described in
paragraph (A)(1)
of rule
5101:4-2-05 of the
Administrative Code, the group living arrangement must be knowledgeable about
assistance group circumstances and should carefully review those circumstances
with residents prior to applying on their behalf. The group living arrangement
shall be strictly liable for all losses or misuse of benefits held on behalf of
resident assistance groups and for all overpayments
which
that occur
while acting as an authorized representative. However, the group living
arrangement is not responsible for any misrepresentation or intentional program
violation
if
when a resident has made application on
his or her
their own behalf.
The resident applying on his or
her
their own behalf shall be
responsible for overpayments as would any other assistance group.
(J) What must the group
living arrangement do with the remaining benefits when an assistance group
leaves?
(1) When no benefits have been spent
on behalf of the individual assistance group, the facility is to return the
full value of any benefits already debited from the assistance group's current
monthly allotment back into the assistance group's EBT account at the time the
individual leaves the facility. These procedures are applicable at any time
during the month.
(2) When the
benefits have already been debited from the EBT account and any portion spent
on behalf of the assistance group, the following procedures are to be followed:
(a) When the benefits have already been
issued and the assistance group leaves the group living arrangement, prior to
the sixteenth day of the month, the facility is to provide the assistance group
with one half of its monthly allotment.
(b) When the assistance group leaves on or
after the sixteenth day of the month and benefits have already been debited and
used, the assistance group does not receive any benefits.
(3) The group living arrangement shall,
if
when
possible, provide the assistance group with a change report form to report the
change of address and any other change in circumstances after leaving the group
living arrangement. The group living arrangement shall also advise the
assistance group to return the form to the appropriate county agency within the
timeframe outlined in rule
5101:4-7-01 of the
Administrative Code.
(4) The group
living arrangement shall notify the county agency when the assistance group
leaves by sending a completed JFS 04196, "Food Assistance Change Reporting" to
the agency informing the agency of the
households
assistance
group's change in address, new address
if
when available, and
that the group living arrangement is no longer the
household's
assistance
group's authorized representative.
(5) The group living arrangement is to return
any EBT cards not provided to departing residents at the end of each month to
the county agency.
(K)
Can a group living arrangement redeem SNAP benefits?
Under the USDA FNS regulations, the only way a group living
arrangement can redeem benefits is when the group living arrangement is
certified as a retail food store. To become an authorized SNAP retailer the
group living arrangement must:
(1)
Contact USDA FNS to apply to become a retailer.
(2) The group living arrangement authorized
by USDA FNS as a retail food store may be penalized or disqualified
if
when it is
determined administratively or judicially that benefits were misappropriated or
used for purchases that did not contribute to a certified assistance group's
meals.
(L) What should a
county agency do
if
when it believes a group living arrangement is
inappropriately using benefits?
The county agency shall:
(1) Promptly notify USDA FNS that an
organization or institution is misusing benefits in its possession. However,
the county agency shall take no action prior to USDA FNS action against the
organization or institution.
(2)
When the USDA FNS disqualifies the group living arrangement as an authorized
retail food store, the county agency shall suspend the authorized
representative status for the same time; but residents applying on their own
behalf will still be able to participate
if
when otherwise
eligible.
(3) Establish a claim for
overpayment when an overpayment is discovered during an investigation or
hearing procedure for redemption violations in accordance with paragraph (I)(5)
of this rule.
Notes
Ohio Admin. Code 5101:4-6-26
Effective:
11/1/2021
Five Year Review (FYR) Dates:
7/13/2021 and
11/01/2026
Promulgated
Under: 111.15
Statutory
Authority: 5101.54
Rule
Amplifies: 329.04,
329.042,
5101.54
Prior
Effective Dates: 12/01/1980, 09/27/1982, 02/15/1985 (Emer.), 05/12/1985,
08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 10/01/1990, 12/01/1991,
08/01/1992 (Emer.), 10/30/1992, 09/01/1994, 07/01/1996, 02/01/1999, 06/01/2001
(Emer.), 08/27/2001, 12/01/2005, 04/01/2010, 03/01/2011, 02/01/2016,
09/01/2018, 04/01/2020