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.