Amend section 387.1(ab) to add a definition for “New York State Combined Application Project (NYSCAP)” and reletter existing definitions contained in subdivisions (ab)-(ar) as subdivisions (ac)-(as).

Add a new section 387.24 in relation to the NYSCAP. Added section 387.24 defines the parameters, scope and purpose of the proposed regulatory amendments, namely, the implementation of the federally-approved demonstration waiver, NYSCAP.

Subdivision 387.24(a) sets forth the requirements for eligibility and participation in the NYSCAP.

Subdivision 387.24(b) sets forth conditions that shall render an individual ineligible for participation in the NYSCAP.

Subdivision 387.24(c) sets forth the process by wherein eligible households are enrolled in the Supplemental Nutrition Assistance Program (SNAP) by means of the NYSCAP.

Subdivision 387.24(d) sets forth the process wherein active SNAP households that become eligible for the NYSCAP have their case converted to the NYSCAP.

Subdivision 387.24(e) provides that NYSCAP benefits will be calculated pursuant to standard SNAP rules.

Subdivision 387.24(f) addresses the transition of current New York State Nutrition Improvement Project (NYSNIP) households to the NYSCAP.

Subdivision 387.24(g) sets forth the certification period length for NYSCAP cases.

Subdivision 387.24(h) sets forth the reporting responsibilities for participating NYSCAP households, the parameters governing the use of system reported changes, and the district responsibility to act on known changes in NYSCAP household circumstances.

Subdivision 387.24(i) provides the process for establishing continued eligibility for SNAP under the NYSCAP by means of the recertification process.

Subdivision 387.24(j) sets forth requirements concerning the distribution of notifications to NYSCAP households, including the necessary content and timelines of these notices.

1. Statutory authority:

The Supplemental Nutrition Assistance Program (SNAP) is authorized by Chapter 51 of Title 7 of the United States Code (U.S.C.). Pursuant to 7 U.S.C. § 2011, the SNAP promotes the general welfare and safeguards the health and well-being of the nation’s population by raising levels of nutrition among low-income households. Pursuant to 7 U.S.C. § 2013, the United States Department of Agriculture (USDA) is authorized to administer the federal SNAP, under which, at the request of the State agency, eligible households within the State are provided an opportunity to obtain SNAP benefits.

7 U.S.C. § 2026 provides that the USDA may grant a State agency approval to conduct a demonstration project in order to, in part, “test program changes that might increase the efficiency of the SNAP” and may waive any program requirements necessary for the conduct of the project. The proposed § 387.24 New York State Combined Application Project (NYSCAP) is a federal demonstration project designed to enhance food security for Supplemental Security Income (SSI) Live-Alone households, a population considered to be categorically eligible for SNAP. The NYSCAP will replace the existing, expiring demonstration project currently serving this population, the New York State Nutrition Improvement Project (NYSNIP). The two projects are fundamentally very similar in that they systematically identify and then automatically enroll new participants into the project. The primary difference between the two projects is in the SNAP budgeting methodology; the NYSNIP utilizes a standardized benefit amount while the NYSCAP will use regular SNAP budgeting methodology. SNAP recipients participating in the NYSCAP as well as social services districts (districts) administering the SNAP are obligated to adhere to the NYSCAP requirements as outlined in the New York State Waiver approved by the USDA for as long as the Office of Temporary and Disability Assistance (OTDA) continues to operate the project or until directed to cease operations by the USDA. The implementation of NYSCAP is contingent on continued federal approval because of its demonstration project status.

Social Services Law (SSL) § 17(a)-(b) and (k) provide, in part, that the Commissioner of OTDA shall “determine the policies and principles upon which public assistance, services and care shall be provided within the state both by the state itself and by the local governmental units …”, shall “make known his policies and principles to local social services officials and to public and private institutions and welfare agencies subject to his regulatory and advisory powers…”, and shall “exercise such other powers and perform such other duties as may be imposed by law.”

SSL § 20(3)(d) authorizes OTDA to promulgate regulations to carry out its powers and duties.

SSL § 95 authorizes OTDA to administer the SNAP in New York State and to perform such functions as may be appropriate, permitted, or required by or pursuant to federal law.

2. Legislative objectives:

It was the intent of the Legislature in enacting the above statutes that the OTDA establish rules, regulations, and policies, for the provision of SNAP benefits to eligible households in New York State in the most efficient, streamlined manner possible. The NYSCAP not only maintains a streamlined SNAP eligibility process and protects the nutrition security of a significant number of vulnerable New York State residents, it also reduces state government’s administrative burden.

3. Needs and benefits:

The proposed regulatory amendments would update Part 387 of Title 18 of the State regulations by adding a new § 387.24. The proposed regulatory amendments would implement a new combined application project for recipients of SSI benefits, who have been designated as “Live-Alone” by the Social Security Administration (SSA) and the State-funded SSI State Supplement Program (SSP). While a similar demonstration project has been in operation since March 2003, the addition of § 387.24 would codify enhanced access to nutrition benefits for one of the State’s most vulnerable populations, the elderly and disabled in State regulations. This is a categorically eligible population that has historically struggled with the application and recertification process for SNAP benefits. Under the NYSCAP, information about SSI applicants is electronically transferred to the OTDA from the SSA, via the State Data Exchange (SDX), which is then used by the OTDA to automatically issue SNAP benefits to the project-eligible individuals once their SSI is approved. The households are then automatically notified of their enrollment in the SNAP via the NYSCAP. This notification includes an overview of the NYSCAP, an explanation of their rights and responsibilities under the NYSCAP, instructions for accessing benefits, and provisions for submitting documentation to support the receipt of a higher SNAP benefit.

NYSCAP-eligible individuals benefit from the project in several ways. They are not required to complete an application or an eligibility interview, they are entitled to a certification period of 36-months, and they are not required to report any changes other than responding to the NYSCAP SNAP Benefit Interim Report (Interim Report), which is distributed to the household approximately 18 months prior to the end of the certification period.

The NYSCAP also provides administrative ease to districts by virtue of waiving the application and interview requirements for this population. Additionally, the NYSCAP assumes relatively stable household circumstances while utilizing ongoing communication between the SSA and the OTDA to automatically check for project eligibility; therefore, the resulting lengthened certification periods and reduced participant reporting requirements necessitate less frequent administrative action on the part of districts in order to administer SNAP benefits to these individuals.

The proposed regulatory amendments would: (1) assist SSI recipients by setting forth eligibility requirements that households must satisfy to be eligible for NYSCAP benefits, as well as clarifying criteria that would render any household ineligible for such benefits; (2) provide details regarding the automatic enrollment and conversion processes; and (3) provide guidance concerning notifications sent to households, verification and reporting requirements as well as guidance regarding automatic case actions such as when a NYSCAP case may close for failure to redeem benefits in the 90 days subsequent to enrollment.

4. Costs:

The proposed regulatory amendments would have no fiscal impact for households. The NYSCAP is an inherently cost-neutral program as it utilizes standard SNAP budgeting methodology. Therefore, participants are entitled to the same amount of SNAP benefits under NYSCAP as they are under standard SNAP eligibility rules.

Further, the proposed regulatory amendments would not impose any new costs or administrative burden on districts, as they are already implementing a similar demonstration project. The new project will continue to streamline the SNAP eligibility process and create efficiencies. All districts are required to administer the SNAP in compliance with the State and federal statutes and regulations governing the program, and any associated costs are eligible for administrative reimbursement under current practice and methodologies.

The development costs associated with the NYSCAP are incurred at the State government level and can be managed within existing resources. Overall, the State’s administrative burden relative to the NYSCAP would likely be reduced in comparison to the NYSNIP, owing to the NYSCAP’s use of regular SNAP budgeting methodology, which eliminates the annual requirement for OTDA to calculate and systematically update the NYSNIP standardized benefit amounts to maintain cost neutrality.

Nor would the proposed regulatory amendments impose any annual costs upon New York State. The development and implementation costs associated with the initial implementation of the NYSCAP were almost exclusively incurred within the parameters of normal operating budgets, except the addition of a project manager hired at a rate of $86.72/hour for 400 hours for a total additional cost of $34,688.

5. Local government mandates:

The proposed regulatory amendments would not impose additional government mandates.

6. Paperwork:

The proposed regulatory amendments would reduce and simplify paperwork requirements as compared to standard SNAP processes for eligible households and districts. For households, paper-based and electronic applications would be replaced with the combined application process; NYSCAP households are only required to submit paperwork in 18-month intervals, once for the Interim Report and again at recertification. Similarly, districts need not process these automatically-enrolled combined applications, and therefore would benefit from reduced paperwork by virtue of the extended certification periods and elimination of reporting requirements between contact points.

There would be a slight increase in required paperwork for households and districts for the proposed NYSCAP as compared to the expiring New York State Nutrition Improvement Project (NYSNIP). Certification periods under the NYSNIP were 48-months but under the NYSCAP, new enrollees and recertifications will have a 36-month certification period as a condition of the USDA’s continued approval of this demonstration project. For districts, the SNAP benefit amount under the NYSCAP will be determined using regular SNAP budgeting methodology, as compared to the standardized benefit amounts of the NYSNIP. The impact of this change will be relatively modest, as the initial enrollment and conversion to the NYSCAP will continue to automatically create a SNAP budget for households, and districts will no longer have to run comparison budgets to determine if a household would be better served in the demonstration project or in the regular SNAP.

Overall, the increased burden on the participating households and districts would be negligible, and would be offset by a significant paperwork reduction, as compared to the regular SNAP requirements. Moreover, these changes were essentially mandated by the USDA in order to maintain the combined application demonstration project, insofar as the USDA declined to permit either the 48-month certification period or the standardized benefits to carry over from NYSNIP.

At the State government level, OTDA is required to submit an annual report to the USDA to monitor the efficacy and cost-neutrality of the demonstration project. This additional requirement falls within the OTDA’s standard scope of responsibilities to administer the SNAP and would not require additional administrative resources to satisfy.

7. Duplication:

The proposed amendments would not conflict with any existing State or federal statutes or regulations.

8. Alternatives:

An alternative to the proposed regulatory amendments would be to retain the existing State regulations. However, OTDA does not consider this a preferred alternative, insofar as recipients and districts would both benefit from implementation of the NYSCAP as outlined in the New York State waiver approved by the USDA and from adoption of the proposed regulatory amendments.

Another alternative would be to refrain from implementing the NYSCAP and allowing the existing demonstration project to expire. However, OTDA does not consider such inaction a viable alternative, because recipients and districts would both be negatively impacted by an increased administrative burden that would stem from the expiration of the existing demonstration project. There are approximately 240,000 individuals participating in the NYSNIP, all of whom would ultimately be transitioned to the NYSCAP. Presently, the demonstration project is reaching over 90 percent of the eligible population in New York State, and OTDA anticipates that implementation of the NYSCAP will maintain or surpass this participation rate. OTDA notes that prior to the implementation of the NYSNIP, the statewide participation rate for SSI Live-Alone individuals was just 65 percent; OTDA expects that the absence of a replacement project upon expiration of the NYSNIP would prompt a return to a reduced participation rate.

9. Federal standards:

The proposed regulatory amendments would not conflict with any federal standards.

10. Compliance schedule:

The proposed regulatory amendments would take effect on August 1, 2020. Beginning on the effective date, information that is shared between the SSA and OTDA that identifies Live-Alone SSI recipients would automatically enroll these individuals in the SNAP under the provisions of the NYSCAP, excepting any individuals not eligible for the project as described in the proposed § 387.24. Additionally, individuals who are eligible for the NYSCAP and have an existing SNAP case would have their case automatically converted to the NYSCAP.

Households that are currently enrolled in the NYSNIP would not be automatically converted. Such households would be brought into compliance with the proposed regulatory amendments as soon as practicable, but no later than the household’s next required contact with the district, which would occur no later than July 31, 2022.

1. Effect of rule:

The proposed regulatory amendments would have no effect on small businesses. However, the proposed regulatory amendments would benefit the 58 social services districts (districts) in the State by updating State regulations to reflect the requirements of the New York State Combined Application Project (NYSCAP).

2. Compliance requirements:

The proposed regulatory amendments would not impose any new reporting, recordkeeping or other compliance requirements on the districts. The NYSCAP is a federal demonstration project that will ultimately replace the existing project, the New York State Nutrition Improvement Project (NYSNIP). Both projects simplify the process by which Supplemental Security Income (SSI) Live-Alone households can access federally-funded Supplemental Nutrition Assistance program (SNAP) benefits. As with the current project, NYSCAP would continue to allow this categorically-eligible population to be automatically enrolled into SNAP using information already verified from the State Data Exchange (SDX). The proposed regulatory amendments would also maintain the reduced and simplified paperwork requirements of the current project, which provide administrative ease in comparison to standard SNAP procedures by replacing the separate SNAP application with a combined application process.

3. Professional services:

The proposed regulatory amendments would not require districts to hire additional professional services in order to achieve compliance.

4. Compliance costs:

The proposed regulatory amendments would not impose any new costs or administrative burden on districts, as they are already implementing a similar demonstration project. The new project will continue to streamline the SNAP eligibility process and create efficiencies. All districts are required to administer SNAP in compliance with the State and federal statutes and regulations governing the program, and any associated costs are eligible for administrative reimbursement under current practice and methodologies. The development costs associated with NYSCAP are incurred at the State government level.

5. Economic and technological feasibility:

All districts would have the economic and technological ability to comply with these regulations.

6. Minimizing adverse impact:

The proposed regulatory amendments would not have an adverse impact on districts. NYSCAP maintains the simplified process by which households living alone in the community and receiving SSI can access federally-funded SNAP benefits to help meet their nutritional needs. There are two primary differences between the proposed NYSCAP and the expiring NYSNIP: (1) the reduction of the project certification period length from 48 months to 36 months for new enrollees and recertifications; and (2) the conversion from standardized benefit amounts to the utilization of normal SNAP budgeting methodology.

Although these changes could be construed as having an adverse impact, such an interpretation would be incorrect. One of the requirements to maintain a federal demonstration project is that the project maintain cost-neutrality. The United States Department of Agriculture (USDA) no longer viewed the standardized benefit amounts of the NYSNIP as “cost neutral” and maintaining the 48-month NYSNIP certification period and the standardized benefit calculation methodology were not options that the USDA would consider. Consequently, the NYSCAP would use 36-month certification period and regular SNAP budgeting methodology to assign benefits to participating households in order to maintain federal approval to operate this demonstration project.

Notwithstanding these changes, the NYSCAP would continue to provide administrative ease to districts by reducing the number of traditional applicants, simplifying recertifications, eliminating the need to interview and assess eligibility for new enrollees, extending certification periods beyond the federally-allowed maximum length, automating change reporting, and limiting the amount of required paperwork. Due to its potential positive impact, the Office of Temporary and Disability Assistance (OTDA) asserts that the NYSCAP would continue to represent a positive program enhancement for eligible SNAP participants and districts.

7. Small business and local government participation:

During the initial implementation of the NYSNIP demonstration project in 2003, OTDA conducted a series of conference calls to introduce the project to districts and to discuss and resolve related issues and questions. Districts have supported the NYSNIP project as a simplification initiative because it eases their administrative mandates. OTDA endeavors to maintain the core functionality of the demonstration project as it transitions to the NYSCAP with the proposed regulatory amendments, and, for this reason, OTDA would anticipate a straightforward initial implementation period. During this period, OTDA would be available to districts to discuss and resolve any related issues and questions through whatever means of guidance are necessary.

1. Types and estimated numbers of rural areas:

The proposed regulatory amendments would benefit the 44 rural social services districts (rural districts) in the State by updating State regulations to implement the transition from the current federal demonstration project, the New York State Nutrition Improvement Project (NYSNIP), to the New York State Combined Application Project (NYSCAP).

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The proposed regulatory amendments would not impose any new reporting, recordkeeping or other compliance requirements on the rural districts. The rural districts would not need to hire additional professional services to comply with the proposed regulations. As with the expiring NYSNIP, the NYSCAP would allow a categorically-eligible population to be automatically enrolled into the Supplemental Nutrition Assistance Program (SNAP) using information already verified from the State Data Exchange (SDX). The proposed amendments maintain reduced and simplified paperwork requirements as compared to the standard SNAP eligibility process by waiving the separate SNAP application and replacing it with a combined application process.

The NYSCAP differs from the NYSNIP in benefit calculation methodology, in that the NYSCAP would use standard SNAP budgeting rules to calculate a participating household’s benefit. However, overall, the impact of this change would be modest, as the initial enrollment and conversion to the NYSCAP would continue to automatically create a SNAP budget for households, and rural districts would no longer have to run comparison budgets to determine if a household would be better served in the demonstration project or in the regular SNAP program. Furthermore, this change would not constitute a new requirement, as rural districts are already required to administer SNAP in compliance with the federal statutes and regulations governing the program.

3. Costs:

The proposed regulatory amendments would not impose any new costs or administrative burden on rural districts, as they are already implementing a similar demonstration project. The new project will continue to streamline the SNAP eligibility process and create efficiencies. All districts are required to administer SNAP in compliance with the State and federal statutes and regulations governing the program, and any associated costs are eligible for administrative reimbursement under current practice and methodologies. The development costs associated with NYSCAP are incurred at the State government level.

4. Minimizing adverse impact:

The proposed regulatory amendments would not have an adverse impact on the State’s rural districts. The NYSCAP would maintain the simplified process by which households living alone in the community and receiving SSI can access federally-funded SNAP benefits to help meet their nutritional needs. There are two primary differences between the proposed NYSCAP and the expiring NYSNIP: (1) the reduction of the project certification period length from 48 months to 36 months for new enrollees and recertifications; and (2) the conversion from standardized benefit amounts to the utilization of normal SNAP budgeting methodology.

Although these changes could be construed as having an adverse impact, such an interpretation would be incorrect. One of the requirements to maintain a federal demonstration project is that the project maintain cost-neutrality. The United States Department of Agriculture (USDA) no longer viewed the standardized benefit amounts of the NYSNIP as “cost neutral” and maintaining the 48-month NYSNIP certification period length and the standardized benefit calculation methodology were not options that the USDA would consider. Consequently, the NYSCAP will use regular SNAP budgeting methodology to assign benefits to participating households and to maintain federal approval to operate this demonstration project.

Notwithstanding these changes, the NYSCAP would continue to provide administrative ease to rural districts by reducing the number of traditional applicants, simplifying recertifications, eliminating the need to interview and assess eligibility for new enrollees, extending certification periods beyond the federally allowed maximum length, automating change reporting, and limiting the amount of required paperwork. Due to its potential positive impact, the Office of Temporary and Disability Assistance (OTDA) asserts that the NYSCAP would continue to represent a positive program enhancement for eligible SNAP participants and rural districts.

5. Rural area participation:

During the initial implementation of the NYSNIP demonstration project in 2003, OTDA conducted a series of conference calls to introduce the project to rural districts and to discuss and resolve related issues and questions. Generally, rural districts have supported the NYSNIP as a simplification initiative because it eases their administrative mandates. OTDA endeavors to maintain the core functionality of the demonstration project as it transitions to the NYSCAP with the proposed regulatory amendments and, for this reason, OTDA would anticipate a straightforward initial implementation period. During this period, OTDA would be available to rural districts, to discuss and resolve any related issues and questions through whatever means of guidance are necessary.

A JIS is not required for the proposed regulatory amendments. The proposed regulatory amendments would implement a new combined application project for recipients of Supplemental Security Income (SSI) benefits, who have been designated as “Live-Alone” by the Social Security Administration and the State-funded SSI State Supplement Program. It is apparent from the nature and purpose of the proposed regulatory amendments that they would not have a substantial adverse impact on jobs and employment opportunities in the public and private sectors of the State. The proposed regulatory amendments would not substantively affect the jobs of employees at the State or social service district (district) level. Adoption of the proposed regulatory amendments would not impose any new annual costs or administrative burdens upon the districts, as they are already required to administer the Supplemental Nutrition Assistance Program in compliance with the federal statutes and regulations governing the program.