Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 604.1 - FRAUD PROVISIONS
Subchapter 1 - PURPOSE AND DEFINITIONS
Section 17-604.1-2 - Definitions
As used in this chapter:
"Access device" means any card, including EBT card, plate, code, account number, or other means of access that can be used alone or in conjunction with another access device to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under the Food Stamp Act of 1977, as amended.
"Authorization to participate (ATP) card" means a document which is issued to a certified household to show the allotment the household is authorized to receive. The ATP card may be issued by a computer or hand issued at the unit.
"Coupon" means any coupon, stamp, EBT card, access device or type of certificate printed by FNS and issued by the department to eligible households for the purchase of eligible food.
"EBT card" means the electronic benefit transfer (EBT) card issued by the department which will allow the holder to access benefits in an EBT account through an automated teller machine (ATM) or point of sale (POS) device.
"Food Stamp Act" means the Food Stamp Act of 1977, as amended ( 7 U.S.C. §§2011 - 2027 ).
"FNS" means the Food and Nutrition Service of the United States Department of Agriculture.
"Fraud" means a knowing false statement or misrepresentation of a fact which results in the receipt of a benefit that would not otherwise result without the false statement. For example, failing to report employment income is fraudulent when a recipient, or other party knowingly makes a false statement such as, "no income" or "no employment", to receive public assistance benefits that the recipient would not otherwise receive if the recipient reported the recipient's income.
"Intentional program violation" or "IPV" means any action by an individual, for the purpose of establishing or maintaining eligibility or for increasing or preventing a reduction in benefits, who intentionally:
(1) Made a false or misleading statement;
(2) Misrepresented, concealed, or withheld facts;
(3) Committed any act that constitutes a violation of the Food Stamp Act, the supplemental nutrition assistance program regulations, or any state statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of benefits, coupons, authorization cards, or reusable documents as part of an automated benefit delivery system (access device); or
(4) Violates the provisions of section 17-610-11. "Nolo contendere" means "I do not contest it" and has the same effect as a plea of guilty as far as the proceedings on an indictment are concerned.
"Supplemental Nutrition Assistance Program" or 'SNAP" means the nutrition assistance program formerly known as the food stamp program.
"Trafficking" means the buying or selling of coupons, ATP cards, EBT cards or other benefit instruments for cash or consideration other than eligible food; or the exchange of firearms, ammunition, explosives, or controlled substances, as defined in section 802 of title 21, United States Code, for coupons.
