New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 686 - Operation of Community Residences
Section 686.17 - Food stamp benefits
Universal Citation: 14 NY Comp Codes Rules and Regs § 686.17
Current through Register Vol. 46, No. 52, December 24, 2024
(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.
(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.
(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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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