Title 921 | Chapter 002 | Regulation 500


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921 KAR 2:500.Family Assistance Short Term (FAST).

Section 1.

Definitions.

(1)

"Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.

(2)

"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(3)

"Overpayment" means a FAST benefit received by an individual who:

(a)

After an initial determination of eligibility is determined to be ineligible for the program and erroneous benefits were received by the individual; or

(b)

Is determined eligible for the program and refuses to apply the benefit to the provider of the service needed to resolve the short-term emergency as indicated by the individual at the time of the application.

(4)

"Self-supporting" means an individual who:

(a)

Is employed; or

(b)

Shall be employed within the subsequent three (3) months.

(5)

"Unsubsidized child care" means child care for which financial assistance is not provided.

Section 2.

Eligibility for FAST.

(1)

To qualify for FAST benefits, the benefit group shall:

(a)

Meet the technical requirements of KTAP in accordance with 921 KAR 2:006;

(b)

Not be currently receiving ongoing KTAP benefits;

(c)

Have a verified, non-recurrent short-term need such as:

1.

Car repair, to be:

a.

Completed by a mechanic who is employed by a garage;

b.

Completed by a vocational school automotive program; or

c.

The responsibility of the FAST recipient, if a payment is made for a new or used automotive part;

2.

Other transportation assistance;

3.

Unsubsidized child care;

4.

Utilities payment assistance;

5.

Housing payment assistance; or

6.

Items required for employment; and

(d)

Be determined by the cabinet to be self-supporting if the short-term need is met.

(2)

The cabinet shall determine if a potential KTAP applicant's eligible benefit group is eligible to receive FAST benefits.

(3)

The KTAP eligible benefit group shall be notified of the option to decline FAST benefits in lieu of applying for ongoing KTAP benefits.

(4)

FAST shall be utilized instead of KTAP if:

(a)

Requested by the benefit group; and

(b)

The benefit group is deemed eligible for FAST.

(5)

 

(a)

The benefit group's countable gross income shall include earned and unearned income in accordance with 921 KAR 2:016, Sections 4 and 5.

(b)

The benefit group's gross income shall be computed using the best estimate of income for the month of application in accordance with 921 KAR 2:016, Section 10.

(c)

The benefit group's total gross earned and unearned income shall not exceed 100% of the official federal poverty income guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

(6)

 

(a)

The FAST eligibility period for an approved FAST application shall be a three (3) consecutive month period beginning with the date of FAST approval.

(b)

One (1) or more checks with a combined total of up to $2,600, to the extent funds are available, may be issued to resolve a short-term need as specified in subsection (1)(c) of this section during the three (3) month eligibility period.

(c)

An adult member of a benefit group shall not be approved to receive FAST benefits until a twelve (12) month period has passed since the last FAST payment was issued.

(d)

If the adult member of a benefit group has voluntarily quit employment, the adult member shall not be eligible to receive FAST, unless the adult meets criteria specified in 921 KAR 2:370, Section 6(1)(a) through (k).

Section 3.

Authorization of a FAST Payment.

(1)

The amount of the eligible FAST payment shall be issued in one (1) or more checks to:

(a)

A vendor;

(b)

The eligible FAST benefit group and vendor, as a two (2) party check; or

(c)

The eligible FAST benefit group.

(2)

Except for payments for purchases of merchandise or goods, a FAST payment shall not be issued to a vendor of services who is required and fails to provide signed documentation of:

(a)

A tax identification number or Social Security number; and

(b)

Verification of services.

(3)

Total payments during the three (3) month FAST eligibility period shall not exceed $2,600, to the extent funds are available.

Section 4.

Coordination with KTAP and Other Benefit Programs.

(1)

Receipt of a FAST payment shall exclude the benefit group from receiving ongoing KTAP benefits for twelve (12) months unless nonreceipt would result in:

(a)

Abuse or neglect of a child, as defined by KRS 600.020(1); or

(b)

The parent's inability to provide adequate care or supervision due to the loss of employment through no fault of the parent.

(2)

A benefit group shall not be eligible to receive Work Incentive (WIN), KTAP, or FAST funds concurrently.

(3)

An application shall be taken or a referral made for the following benefits as needed for a FAST eligible family:

(a)

Supplemental Nutrition Assistance Program (SNAP);

(b)

Medicaid;

(c)

Child Care Assistance Program (CCAP); and

(d)

Child support.

(4)

For a FAST eligible benefit group, a referral shall be made as needed for other services offered through other state agencies, contractors, or charitable organizations to include the following services:

(a)

Job search;

(b)

Job readiness assessment;

(c)

Life skills; and

(d)

Other food benefit programs.

Section 5.

Overpayments.

(1)

The cabinet shall recover the amount of an overpayment, including assistance paid pending the outcome of a hearing, from the claimant-payee.

(2)

An overpayment shall be recovered through:

(a)

Repayment by the claimant-payee to the cabinet; or

(b)

Cabinet initiation of a civil action in the court of appropriate jurisdiction after the claimant-payee has exhausted or abandoned the administrative and judicial remedies specified in 921 KAR 2:055.

Section 6.

Hearing Rights. Hearing rights for FAST shall be the same as hearing rights for a KTAP recipient in accordance with 921 KAR 2:055.

HISTORY: (25 Ky.R. 2075; Am. 2913; eff. 6-16-1999; Recodified from 904 KAR 2:500, 7-8-1999; 26 Ky.R. 1732; eff. 5-10-2000; 29 Ky.R. 831; 1666; eff.12-18-2002; 30 Ky.R. 2411; 31 Ky.R. 97; eff. 8-6-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 37 Ky.R. 1909; eff. 4-1-2011; 42 Ky.R. 607; eff. 11-18-2015; 49 Ky.R. 684; eff. 3-16-2023.)

MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 2, 2022
FILED WITH LRC: August 4, 2022 at 8:10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 24, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by October 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until October 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes eligibility criteria for the Family Assistance Short Term (FAST) program in Kentucky, which provides assistance to eligible Kentucky families in meeting verified, non-recurrent, short-term needs.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the eligibility and benefits criteria for Kentucky’s Family Assistance Short Term (FAST) program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. This cabinet has responsibility under 45 C.F.R. 260 to implement the TANF program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing eligibility and benefits criteria for the implementation of the TANF “Family Assistance Short Term” program or “FAST.”
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment changes the existing administrative regulation by increasing the maximum benefit for FAST services provided with Temporary Assistance for Needy Families (TANF) Block Grant funds. The amendment also updates companion program names.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order to utilize federal funding in providing FAST services for eligible Kentucky families. This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the authorizing statutes by maintaining standards for program eligibility, benefit provisions, and compliance.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment allows for greater utilization of the TANF-funded FAST program in Kentucky.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) will be impacted by this administrative regulation. DCBS administers TANF benefits throughout Kentucky’s 120 counties. Through this program, assistance was provided to six (6) families statewide during the time period of June 2021 to November 2021, with an average of one (1) family per month. Data indicates that there was a slight increase in participation in this program prior to the Covid-19 pandemic.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The amendment increases the benefit amount for the Work Incentive program. No additional actions are required by this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Costs associated with the increase in benefit amount for the Family Assistance Short Term (FAST) program are funded by the TANF Block Grant.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Individuals eligible for FAST payments will see a slightly higher benefit amount. Costs associated with the increase in benefit amount for the Family Assistance Short Term (FAST) program are funded by the TANF Block Grant.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The Family Assistance Short Term (FAST) program is an eligible expenditure for federal funding from the TANF Block Grant.
(b) On a continuing basis:
The cabinet will ensure that the programs and state administrative activities are funded with the TANF Block Grant.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The cabinet will implement and enforce this administrative regulation in subsequent years with the TANF Block Grant.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 260-265
(2) State compliance standards.
KRS 194A.050(1), 205.200(2)
(3) Minimum or uniform standards contained in the federal mandate.
45 C.F.R. 260-265
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. 260-265, KRS 194A.050(1), 205.200(2)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate revenue for the state or local government during the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate revenue for the state or local government in subsequent years.
(c) How much will it cost to administer this program for the first year?
This program will be operated within appropriations.
(d) How much will it cost to administer this program for subsequent years?
This program will be operated within appropriations.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is necessary to establish the eligibility and benefits criteria for Kentucky’s Family Assistance Short Term (FAST) program. Cost savings are not generated by this administrative regulation, but it also does not require costs from regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact, rather it provides assistance to eligible Kentucky families in meeting verified, non-recurrent, short-term needs.

7-Year Expiration: 3/16/2030

Last Updated: 3/22/2023


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