FATL 399 (Food Assistance: Determining Eligibility of Individuals in Drug Addiction and Alcoholic Treatment and Rehabilitation Programs and Group Living Arrangements)
Food Assistance Transmittal Letter No. 399
March 17, 2020
TO: Food Assistance Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs and group living arrangements.

On June 5, 2017, the United States Department of Agriculture, Food and Nutrition Service (FNS) made a change to 7 CFR 273.11, which effectively required every drug addiction or alcoholic treatment and rehabilitation programs (DAA treatment centers) to become an authorized SNAP retailer.  As a result, Ohio revised rule 5101:4-6-01 to include the requirement for a DAA to be a SNAP retailer.  FNS has now determined that imposing this requirement had unintended consequences and as a result, has modified 7 CFR 273.11 so a DAA need only be: tax exempt and certified as receiving (or eligible to receive) funding under part B of Title XIX of the Public Health Service Act or operating to further the purposes of part B of Title XIX; or the DAA must be authorized as a retailer by FNS.

The definition of a "drug addiction or alcoholic treatment and rehabilitation program" in federal and state law is unchanged and it continues to include any drug addiction or alcoholic treatment and rehabilitation program conducted by a private nonprofit organization or institution, or publicly operated community mental health center, under part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x) (1992).

The Office of Family Assistance (OFA) has modified rule 5101:4-6-01 to reflect the change in federal law and a DAA (as that term is defined in rule 5101:4-1-03(B)(14) of the Administrative Code) need only meet one of the criteria (be tax exempt and have Title XIX certification; or be an FNS authorized retailer).

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes are effective on 04/01/2020.

Chapter 6000

5101:4-6-01 "Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs."

This rule describes how to determine eligibility of individuals in a drug addiction and alcoholic treatment and rehabilitation program.  Changes to the rule include: 

  • The word “treatment center” being replaced with “DAA treatment center” for clarity;
  • Paragraph (B)(1) was re-written to clarify the requirements for the DAA treatment center to be tax exempt and certified as receiving (or eligible to receive) funding under part B of Title XIX of the Public Health Service Act or operating to further the purposes of part B of Title XIX;
  • Paragraph (B)(1)(c) was updated to replace the word “and” with “or” due to changes in federal regulations;
  • Paragraph (C)(2)(d) was updated due to federal regulation changes regarding the time frame on returning electronic benefit cards to recipients upon the recipient leaving the DAA treatment center;
  • Paragraph (D)(1) was added due to federal regulation changes; and
  • Paragraphs (D)(2)(a) and (D)(2)(b) were added to reinstate previous rule language regarding the process of returning benefits to assistance groups upon the recipient leaving the DAA treatment center. 

5101:4-6-26 "Food assistance: group living arrangements."

This rule describes the requirements of group living arrangements.  Changes to the rule include: 

  • Paragraph (J)(1) was added due to federal regulation changes;
  • Paragraphs (J)(2)(a) and (J)(2)(b) were added to reinstate previous rule language regarding the process of returning benefits to assistance groups upon the recipient leaving the group living arrangement; and
  • Paragraph (J)(5) was added due to a change in federal regulations regarding the time frame on returning electronic benefit cards to recipients upon leaving.