Current through Vol. 42, No. 1, September 16, 2024
Residents of group homes may be certified for food benefits
through the use of an authorized representative who is designated by and is an
employee of the group home. The group home may either receive and spend the
food benefits for food prepared by or served to the eligible resident or allow
the eligible resident to use all or any portion of the food benefit allotment
on his or her own behalf.
(1)
Residents in group homes.
(A)
Residents of group homes who are disabled or blind as defined in OAC
340:50-5-4
may voluntarily apply for food benefits. The resident may apply and be
certified:
(i) through an authorized
representative employed and designated by the group home;
(ii) on his or her own behalf; or
(iii) through an authorized representative of
his or her own choice.
(B) The group home determines what method the
resident uses to make application based on the resident's mental and physical
ability to handle his or her own affairs. The group home consults with other
agencies providing services to the resident in making this
determination.
(C) If the resident
applies through the use of the group home's authorized representative,
eligibility is determined for a single person household. The household must
meet all conditions of eligibility.
(D) If the resident applies on his or her own
behalf or through an authorized representative of his or her own choice,
household size is determined in accordance with the definition in OAC
340:50-5-1.
(i) The food benefits may either be turned
over to the facility to be used to purchase food for meals served communally or
individually to eligible residents, used by the eligible resident to purchase
and prepare his or her own food, or to purchase meals prepared and served by
the group.
(ii) The resident is
responsible for reporting changes in circumstances.
(2)
Approved group
homes. The group home must be approved by the Developmental Disabilities
Services Division (DDSD) or by Food and Nutrition Services (FNS) as a
retailer.
(3)
Group home's
responsibility. Each group home must provide the local human services
center (HSC) with a list of currently participating residents on a monthly
basis. Included on this list is a statement signed by a responsible official of
the group home attesting to the validity of the list.
(A) When the group home is acting in the
capacity of authorized representative, it is responsible for notifying the HSC
of changes in income or other household circumstances required to be reported.
[OAC
340:50-9-5
]
(B) The group home has no
responsibility to report changes for residents certified on their own behalf or
through an authorized representative of their own choice.
(4)
When participant leaves the group
home.
(A) When a participant leaves
the group home, the group home acting as an authorized representative or
retaining use of the resident's food benefits must:
(i) notify the departing resident there may
be benefits remaining in his or her Electronic Benefit Transfer (EBT) account.
(I) The departing household receives its full
food benefit if no food benefits have been spent on behalf of that individual
household. These procedures are applicable any time during the month.
(II) The group home accesses only half of the
food benefits in the resident's EBT account prior to the
15th of the month.
(III) If the resident remains in the facility
after the 15th day of the month, the remaining food
benefits may be accessed on behalf of the resident.
(IV) When the household leaves after the 16th
of the month and the food benefits have already been issued and used, the
household does not receive any further food benefits for that month;
(ii) no longer act as authorized
representative for that person;
(iii) inform the departing household they
must go to the local Oklahoma Department of Human Services (OKDHS) HSC office
to secure their own Access Oklahoma card;
(iv) deactivate immediately the Access
Oklahoma card by calling the phone number shown on the back of the card when
the resident leaves the group home; and
(v) notify the HSC office the person left the
group home.
(B)
Residents who applied on their own behalf and retained use of their own food
benefits are entitled to keep the food benefits when they leave.
(C) The group home, if possible, provides the
household leaving the facility with a Form 08FB038E, Changes in Household
Circumstances, and advises the person to complete the form showing his or her
new circumstances and to return the form to the local OKDHS HSC within ten
calendar days.
(5)
Group home liability. When the group home is acting as an
authorized representative, the organization is responsible for any
misrepresentation or fraud it knowingly commits in the certification of
residents.
(A) As an authorized
representative, the organization must be knowledgeable about the household's
circumstances and carefully review these circumstances with residents prior to
applying on their behalf.
(B) The
organization is strictly liable for all losses or misuse of food benefits held
on behalf of resident households and for all over issuances which occur while
the households are residents of the group home.
(C) The group home is not liable for over
issuances for residents certified on their own behalf or through an authorized
representative of their own choice.
Amended at 9 Ok Reg
3405, eff 5-13-92 (preemptive); Amended at 9 Ok Reg 3843, eff 8-24-92
(emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 18 Ok Reg 2079,
eff 7-1-01; Amended at 22 Ok Reg 805, eff 5-12-05; Amended at 25 Ok Reg 937,
eff 6-1-08
