The United States Department of Agriculture Food and Nutrition Service (FNS) issued its final regulations to codify certain nondiscretionary provisions of the Agricultural Act of 2014 (Farm Bill), including the prohibition of utilizing the excess medical deduction to deduct the costs of medical marijuana (and other Schedule I controlled substances costs) and any expenses associated with its use from a household's income when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). In addition, the Food and Nutrition Act of 2008 (the Act) prohibited individuals who are fleeing felons or violating a condition of probation or parole from receiving SNAP benefits, and required FNS to define the terms "fleeing" "probation or parole violator" and "actively seeking." These terms have now been defined by FNS.

The rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The rules will become effective on 3/1/2017.

Chapter 1000

5101: 4-1-13 "Food assistance: Availability of Information, Program Administration, Office Operations, and Income Eligibility Verification System Information"

This rule describes the requirements regarding the availability of information, program administration, office operations, and income eligibility verification system information. The Office of Family Assistance amended this rule to put it into plain language as well as question-and-answer format to improve clarity. Additional changes include:

• Language was added to paragraph (A)(1)(b) to require county agencies to display the JFS 00209 "Americans with Disabilities Act as Amended" poster.
• The description of fleeing felons and those who have violated a condition of probation or parole has been amended in order to align with the new federal regulations.
• Paragraphs (A)(7)(b)(ii)(a-d) were stricken. New paragraph (C)(2)(b) references rule 5101:4-2-03 which describes the process to follow to determine if law enforcement is actively seeking an individual.
• The term "food assistance" was replaced with "Supplemental Nutrition Assistance Program (SNAP)."

Chapter 2000

5101: 4-2-03 "Food assistance: Assistance Group Definition"

This rule describes the eligibility of various assistance groups and individuals who must be included or excluded in the assistance group. 7 CFR 273.11(n) now defines the terms "fleeing" "probation and parole violator" and "actively seeking." As a result, OFA amended this rule to:

• Add paragraph (D)(6)(a) to define an individual as "fleeing" when: 1) there is a felony warrant for an individual; 2) the individual is aware of, or should reasonably be able to expect that, a warrant has or would have been issued; 3) the individual has taken some action to avoid being arrested or jailed; and 4) a law enforcement agency is actively seeking the individual.
• Add paragraph (D)(6)(b) to define an individual as a "probation or parole violator when: (1) there is an outstanding warrant for the individual due to violating a condition of his or her probation or parole imposed under a federal or state law, and (2) law enforcement is actively seeking the individual to enforce the conditions of probation or parole. FNS has provided clarification that an individual determined to have violated any probation or parole imposed under federal or state law will be disqualified for SNAP eligibility; the violation is not limited to felony charges.
• Add paragraph (D)(6)(c) to define "actively seeking" as any of the following:

1.A federal, state, or local law enforcement agency informs a county agency that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the State agency;

2.A federal, state, or local law enforcement agency presents a felony arrest warrant as provided in paragraph (D)(6)(a)(i); or

3.A federal, state, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from a county agency about a specific outstanding felony warrant or probation or parole violation.

Chapter 4000

5101: 4-4-23 "Food assistance: deductions from income"

This rule describes the deductions from income for purposes of determining eligibility for SNAP benefits. OFA amended this rule to add language to paragraph (C)(2)(c) prohibiting the cost of any Schedule 1 controlled substance under the Controlled Substances Act, including medical marijuana, and any expenses associated with its use as an excess medical deduction.