Maine's Food Supplement Program - Presented by: Maine Equal Justice Partners and Preble Street Maine Hunger Initiative October 14, 2014

Maine’s Food Supplement
           Program

Presented by: Maine Equal Justice Partners and
     Preble Street Maine Hunger Initiative
               October 14, 2014

Why does the Food Supplement
      Program Matter?
          Because…

Hunger in Maine Today
Each year the U.S. Department of Agriculture
Measures Food Insecurity/Hunger.
In 2014, it found that:
 Maine has the 5th highest rate of hunger in the U.S.
 Maine has the highest rate of hunger in New England
 In Maine the rate of food insecure households rose from 9% in 2002
  to 14.9% In 2012 – increased almost twice as much as the U.S. as a
  whole.
 Almost 250,000 Mainers cannot afford consistent and adequate
  nutrition—more than the total population of Maine’s five largest
  cities combined and one in four of the states population.

How Does the Food Supplement (FS)
             Program Help?
   Provides recipients with the dignity to choose the best
    foods for their family

   Reduces strain on food pantries

   Allows clients to stretch resources for other necessities

 Helps parents put food on the table for their children

 Helps the elderly maintain their independence

 Helps people transition to self-sufficiency

AND…
Provides Economic Stimulus:
 Every $5 in Food Supplement benefits generates
  over $8.5 in local economic activity – totaling
  $377 million in Maine’s economy in 2012

Reduces poverty:
• FS helped raise 4 million people above the official
  poverty line in 2012 (when FS is considered as a
  supplement to income)

Who gets FS benefits in Maine and
    How Much do they get?
• 226,275 Mainers from 119,520 households received
  FS benefits in July 2014.
• The average household benefit is about $235 a
  month, or about $1.30 a meal.
• Of all FS Households:
   – 36% include a minor child
   – 22% include an elderly individual
   – 25% include a person with a disability

Food Supplement Benefits:
                 The Basics
The Food Supplement (FS) program helps people access needed food.

•   Eligible households receive their monthly benefits through an Electronic Benefit
    (EBT) card which they can use at participating retailers.

•   All households with incomes below 185% FPL ($3051/month for a family of 3)
    may be eligible for FS benefits.

•   There is no asset test for this program.

•   You do not have to live with children, receive cash assistance, or be elderly or
    disabled to get Food Supplements. Many people work and get FS benefits.

Today we will discuss several important changes are being made or will be made in
the next few months affecting the FS Program. These include:

      •     “Heat and Eat”
      •     Photos on EBT cards
      •     Relief from Overpayments
      •     Time Limit on FS assistance for some
      •     Benefit delays

The FS/LIHEAP Connection:
                   “Heat and Eat”
The Background:

•   If a FS household receives a LIHEAP (heating assistance) benefit it is
    automatically eligible to use the FS “standard utility allowance” (SUA). In most
    cases, this means that the household will get more FS benefits.

•   Until recently if a household received any amount of LIHEAP it would qualify
    for the SUA.

•   For many years Maine provided people in subsidized housing who pay some
    amount for rent OR pay an electric bill with a $5 LIHEAP benefit for a 5-year
    period to ensure that they qualified for the SUA (e.g. $1 a year).

•   Now these individuals must receive $21 in the most recent 12-month period
    prior to their FS recertification to continue to receive the SUA.
     – This issue affects about 6,000 people, mainly seniors and people with disabilities.
     – On average, receipt of the SUA increases their monthly FS benefits by $110.

“Heat and Eat”, continued
What will happen to these 6,000 people?
The good news! MaineHousing has adopted a rule to increase the LIHEAP benefit
for these households to $21 a year. This means that this group will continue to
qualify for the FS SUA. (However some household may experience a temporary
reduction in FS benefits). This change will be made in two stages:

     Anyone in this group who’s 5-year LIHEAP eligibility period began in the
      2014 heating season (October 2013-April 2014) has already had their
      LIHEAP benefit adjusted to receive $21. These approximately 450 families
      will continue to receive the FS SUA with no interruption.

     The remaining 6,000 households who were in the midst of their 5-year
      eligibility period (and received a $1 LIHEAP benefit) will receive a new $21
      LIHEAP benefit in this new heating season. Once they receive this benefit
      they will be qualify for the FS SUA.

Heat and Eat, continued
What should people in this group know?
     Anyone in this group who has not yet received a $21 benefit got a letter in
       September from MaineHousing telling them that they are affected by this
       change.

      Even if they received this letter, there will be no change in their FS benefits until
       their FS certification period arrives. So, for example, if a person received this
       letter in September but there are not due for FS recertification until February they
       will likely receive their new LIHEAP benefit in time to prevent any temporary
       reduction in their FS benefit.

      However, if they are due for recertification in October/November, they should take
       the following steps:

     Step 1: C all their local Community Action Agency (CAP); say that they received the LIHEAP
     letter for subsidized housing tenants; ask for an appointment for LIHEAP as soon as possible
     to avoid reduction in FS benefits.
     Step 2: People should go to their appointment with evidence that they pay for part of their
     rent (lease or other proof of payment) OR have an electricity bill.
     Step 3: Once the person receives the $21 LIHEAP benefits they should immediately tell
     DHHS that they received this benefit.

Heat and Eat, Continued

• In an effort to prevent the loss of FS benefits
  MaineHousing has started to manually process ($21)
  payments for LIHEAP-eligible tenants in subsidized
  housing.
• The first $21 payment checks were mailed to 440
  households beginning October 2.
• Going forward, the plan is to continue to make
  payments twice a week to people in this group as
  their FS recertification comes up.

New Policy: Voluntary Photos on EBT
                   Cards
The Maine Department of Health and Human Services (DHHS) is starting to put photos on some
EBT cards. Some FS households will be asked to come into a local DHHS office when it is time for
their FS recertification. At that time they may be told they need to have their picture taken for
their EBT card.

Here are the answers to some frequently asked questions about this new initiative:

Do I have to have my picture taken?
NO. You do not have to have your picture taken. You will not lose your Food Supplement benefits if you refuse
to have your picture taken. The photo is “optional”; if you do not want your picture taken you can say “no.”

DHHS should not even ask you to have your picture taken if you are in a household headed by:

•   a person over age 60;

•   a person with a disability; OR

•   a victim of domestic violence

Photo EBT, continued
Is a face-to-face interview required when it is time for my FS review?

Maybe not. Although DHHS has been “waiving” face to face interviews for recertification for the
last few years in favor of telephone interviews or on-line recertification for most households, they
are now asking some people to come in to the office to complete their review.

BUT they must tell these households that they may qualify for a “hardship waiver”. Any
household that qualifies for a “hardship waiver” will be given a telephone interview.

Hardships include:

•   Illness or disability;

•   transportation difficulties;

•   the need to care for a household member;

•   Living in a rural area that makes it hard (or expensive) to get to a local office; OR

•   Work, education or training schedule prevents the person from getting to a local office while
    the office is open.

Photo EBT, continued
Who can use a household’s EBT card with a photo on it?
Any household member (or any other “authorized representative” not in the household) can
still use a household's EBT card if they have the correct PIN number. DHHS will allow photos of up
to two household members on the EBT card. Even if a household member’s photo is not on the
card, that member can still use the card.

A non-household member can also use the card as long as the household has filled out a form at
DHHS designating that person an “authorized representative” and has the correct PIN number.
Ask DHHS for this form.

Will anything change at the grocery store when I start to use my photo EBT
card ?
NO, nothing should change. When a household member or authorize representative goes to the
store to buy food, the store must allow that person to use your card as long as they have the right
PIN number—even if the picture on the card does not match the person using it.

People using a photo EBT card must be treated the same as any other customer at the store.
This means that a store cannot ask to examine an EBT card unless they also ask to look at the
credit or debit card of every other customer.

Photo EBT, continued
The federal government is carefully monitoring the implementation of
photo Id here in Maine. They, and MEJP, want to be sure that important
protections in the FS law are not undermined by this new initiative.

Call Maine Equal Justice if:
• You know of anyone having ANY PROBLEMS using their EBT card after a
   photo is added; OR

• You know anyone who has felt pressured to add a photo to their EBT card
  when they did not want to; OR

• You or your clients have any questions about this new plan:

• PLEASE CALL Crystal Bond at Maine Equal Justice at 207-626-7058,
  ext.205.

Food Supplement Overpayments
• If someone incurs a Food Supplement Overpayment and
  can show it would be a hardship to repay, they may be
  able to get a “waiver” of that overpayment.
• There are three types of FS overpayments:
      o Agency Error (non-fraud);
      o Inadvertent Household Error (non-fraud); OR
      o Intentional Program Violation (IPV) (fraud)
• 84% of all overpayments are non-fraud; the remainder
  are IPVs.
• Actual FS fraud overpayments in Maine equal less than
  1/100th of one percent of all FS benefits paid out in
  Maine in 2012 (most recent data available).

Overpayment Recovery
• If an overpaid household is receiving FS benefits, the overpayment is
  typically recovered by reducing the monthly allotment by the greater of
  10% of the monthly benefit, or $10.00.

• For Intentional Program Violations, the mandatory reduction amount is
  the greater of 20%, or $20.00.

• A higher rate of recoupment may be used with the household’s
  permission.

• If the Household no longer receives FS benefits, the State has a number of
  ways in which it can recover overpaid benefits including withholding
  income tax returns or petitioning the federal government to withhold a
  small amount from a Social Security award (but not SSI).

• The Department can collect a FS overpayment from any household
  member who was 18 or older at the time the overpayment occurred.

Some potential relief from
            overpayments
• Federal law requires states to have a process to
  “compromise” or “waive” certain overpayments.
  Maine does not a waiver process in place. MEJP
  is currently negotiating with DHHS and the
  Attorney General’s office to create a “waiver
  process.”
• If we are successful in establishing a waiver
  process it will only apply to agency error and
  inadvertent household error overpayments (that
  is, non-fraud overpayments).

Overpayment- continued
• If you find a person who has a FS overpayment resulting
  from either an agency error or inadvertent client error AND
  that household is having or would have difficulty repaying
  that overpayment (whether or not still receiving FS
  benefits) that person can request a waiver of the
  overpayment.

• If DHHS does not respond to the request; says that they
  “don’t waive overpayments”; or denies the waiver request
  either orally or in writing feel free to contact Crystal Bond
  or Jack Comart at Maine Equal Justice Partners by calling
  626-7058.

New Rule - DHHS will impose a 3-month
limit on SNAP benefits for childless adults
             18-50 years old
• This new rule would limit access to FS assistance to 3-months
  in a 3-year period for approximately 12,000 unemployed, non-
  disabled, childless adults between the ages of 18 through age
  49. (This limit does not apply once a person turns 50)

•    This new rule went into effect on October 1, 2014. Beginning
    then, people are eligible for 3 more months of benefits. The
    first month that they will be ineligible is January, 2015 unless
    a new administration changes this rule.

Who is exempt from 3-month limit?
The 3-month limit on benefits does NOT apply to adults who are:

•   Medically certified as physically or mentally unfit to work
     – Important note: The person does not need to be receiving SSI/SSD; they do not necessarily
       have to meet the SSI disability standard. They just must be unable to work 30 hours a week. If
       not evident, medical certification is required. A statement from a doctor, nurse, nurse
       practitioner, social worker or other medical personnel is sufficient.
•   Living with a child under age 18 even if that child is not theirs and is not
    receiving FS benefits.
•   Caring for an incapacitated person who cannot provide his/her own care
     – Important note: This applies even if that incapacitated person does not live in the same
       household with the individual.
•   Pregnant
•   Regular participant in a substance abuse treatment program
• a student, regardless of age, who is enrolled at least half time in any
  recognized school, training program, or institution of higher education
•   Receiving or applying for Unemployment Insurance benefits
•   Getting disability benefits from a government or private source

More exemptions to the 3-month limit…
The 3-month limit will also NOT apply to anyone who is:
• Working for at least 20 hours a week;
• Participating in an approved employment or training
  program for at least 20 hours a week
• Doing Volunteer Community Service Work or General
  Assistance Workfare for the required number of hours
   – “Required” hours means the number of hours that result
     from dividing the FS benefit amount by the State minimum
     wage.
   Example: $102 FS benefit/$7.50 (state minimum wage)=
   14 hours volunteer required

Requalifying for benefits after the 3-
                    months
If a person has used up 3-months of benefits in a 3-year period they may be able to requalify
during that period if the person:
1. Meets one of the exemptions in the previous slides. In this case he/she will remain exempt so
long as they meet that condition;

                                            OR
2. Has worked or participated in a employment or training program for 80 hours in a 30-day
period;
    or
• participated in volunteer community service or “workfare” position for 24 hours in a 30-day
    period,
    and
• then loses that job or position
    In this case he/she will remain eligible for FS for three consecutive months whether or not
working, volunteering or in training.
     – Important note: This additional three-month period of eligibility is available only once
         in any 36 month period. However, there is no limit on the number of times an individual
         may regain and maintain eligibility by meeting the work, training or volunteer
         requirement.

FS Delays—at application and
          recertification
We have recently received calls from a number
of people who have had long waits—longer than
allowed by law—when they apply or recertify
for FS benefits.

Here are the timeliness standards that DHHS
must meet in making these determinations:

Timeliness standards: FS Applications

• DHHS must give you an application form and
  let you file it the same day you first ask to
  apply;
• Once DHHS gets your application, it has no
  more than 30 days to act on it and give you FS
  benefits if you are eligible.
  – Important note: if you have not provided all the
    verification requested within 30 days, your
    benefits may be delayed.

Emergency FS benefits
Whenever a household is in need of immediate food assistance, the department must
provide FS benefits to that household within one working day of application.

A household (including residents of alcohol treatment centers and residents of group
living arrangements) is entitled to expedited services if it:

•   Has gross monthly income of less than $150.00, and liquid assets of $100.00 or
    less; OR
•   Has gross income and liquid resources that are less than the household's monthly
    rent/mortgage and utilities. (Households can use the “standard utility allowance
    instead of actual utility costs to qualify for expedited services); OR
•   Is a “migrant farmworker” household . If so, the household’s only income for the
    month of application must have been received before the date of application and
    the source of that income has ended; or the household's only income for the
    month of application is from a new source and the household will not get more
    than $25.00 by the 10th day after the date of application.

Emergency FS, continued
Process for providing emergency FS benefits:

• At the initial interview DHHS determines that the household will probably
  be eligible for food supplement program benefits after full verification is
  completed;
• When possible, at the time of the initial interview, the applicant must give
  DHHS documentation of the need for immediate food assistance (that is,
  that they meet the requirements on the prior slide);
• If adequate documentation is not then available, DHHS will contact at
  least one other person to get information to verify the statements about
  the need for immediate food assistance.

A household can receive emergency benefits for only 30 days. After that
continuing benefits will depend on the household providing all verification
that DHHS requires.

Recertification: timeliness standards
•   When a household’s “certification period” ends, it must “recertify” to continue receiving FS benefits.

•   DHHS will send a notice in the last month of the certification period telling the household it is time to
    recertify and asking for any information that has changed since it last applied or recertified.

•   To avoid any interruption in benefits, DHHS must get the household's recertification form by the 15th
    day of the last month of the certification period.

•   When DHHS requests verification, the household must be allowed at least 10 calendar days to provide this
    in order to ensure its rights to uninterrupted benefits.

•   If the household fails to file the recertification form by the 15th of the month; or does not make an
    required interview or provide verification as requested it will lose benefits and must reapply.

•   BUT, once the household meets these requirements, DHHS must provide benefits within 30 days after the
    application was filed or within 1 0 days of the date the interview was completed or the required
    verification is provided, whichever is later.

•   If DHHS fails to process a request for recertification promptly so that the household can continue to
    receive benefits, the household should receive benefits retroactively for any period for which they lost
    them.

If you are working with a person who has not received their FS benefits within the required
time period PLEASE CALL Crystal Bond at Maine Equal Justice at 207-626-7058, ext.205.

FS Medical Deduction—What is it?
• Seniors and people with disabilities often need special diets,
  but medical expenses make it hard for them to buy the food
  they need.

• Congress created a special “medical deduction” in the FS
  program to help these individuals.

• This deduction increases the amount of FS benefits to help
  offset the impact of medical costs.

• A person must have medical costs of more than $35 a month
  to qualify for a medical deduction.

Medical Deductions, Continued

Who can get a medical deduction?
Seniors: age 60 years or older
A person with a disability who:
• Gets Supplemental Security Income (SSI) or Social Security Disability (SSDI); or any
   other federal, state or local public disability pension;
• Gets a State SSI supplement check;
• Gets MaineCare based on disability;
• Gets Railroad Retirement Disability benefits;
• Is a veteran who is totally disabled, permanently housebound, or needs aid and
   attendance; OR
• Is a surviving spouse of a veteran who is getting VA benefits or is a child of a
   veteran who is permanently disabled.

What expenses count towards
               a medical deduction?
•   Medical care not reimbursed by insurance (doctor’s visits, dental care,
    chiropractic care and other health treatments)
•   Health insurance costs: premiums, copays and deductibles
•   Medical-related transportation or lodging
•   Prescription Medications or over the counter medications approved by your
    health care provider
•   Health supplies recommended by your health care provider (eyeglasses,
    hearing aides, incontinence supplies, etc.)
•   Medical Equipment (purchase, rental or repair of wheelchair, prosthetics,
    emergency response system, special beds and more)
•   Other expenses that are medically-related
•   Securing and maintaining a seeing eye, hearing ear dog or any service animal
    specifically trained to serve the needs of a disabled or aged individual. Dog
    food and veterinarian bills are allowed.
•   Note: Most special diet foods are not allowable medical deduction(s) – but
    you can use your FS benefits to help buy food for a special diet.

Medical Deduction, Continued

When can I claim my medical expenses?
• When you apply for or recertify for the FSP;
• Anytime that your medical costs exceed $35 a
  month you can call DHHS and ask for a
  medical deduction
• You must show proof of your medical
  expenses.

Thank you!
• Thank you for joining us today

• Please feel free to ask any last questions
  or comments that you may have

• Thank you for the good work that you all
  do every day!