Title 921 | Chapter 003 | Regulation 095


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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Family Support
(New Administrative Regulation)

921 KAR 3:095.Elderly Simplified Application Project or "ESAP".

Section 1.

Definitions.

(1)

"Elderly Simplified Application Project" or "ESAP" means a SNAP program for individuals who are age sixty (60) and older or disabled, with no earned income.

(2)

"Regular SNAP benefits" means SNAP benefits received in accordance with the procedures established in:

(a)

921 KAR 3:020, Financial requirements;

(b)

921 KAR 3:027, Technical requirements;

(c)

921 KAR 3:030, Application process; and

(d)

921 KAR 3:035, Certification process.

(3)

"Shelter costs" means monthly rent or mortgage expenses as stated by the applicant.

Section 2.

ESAP Program Procedures. Unless a different procedure or process for a SNAP requirement is specified in this administrative regulation, all SNAP requirements specified in 921 KAR Chapter 3 shall apply to ESAP, including the process for:

(1)

A fair hearing;

(2)

An administrative disqualification hearing;

(3)

An appeal;

(4)

A disqualification;

(5)

A claim and collection of a claim; and

(6)

EBT issuance.

Section 3.

Eligibility for ESAP.

(1)

With the exception established in subsection (4) of this section, an individual shall qualify for ESAP benefits if the individual:

(a)

Is a Kentucky resident;

(b)

Is:

1.

Age sixty (60) or older; or

2.

Disabled;

(c)

Has no earned income; and

(d)

Is not institutionalized.

(2)

If an individual who otherwise meets the requirements established in subsection (1) of this section resides with an individual who is not a member of the applicant's household as defined in 921 KAR 3:010, the individual shall be eligible if food is purchased and prepared separately.

(3)

The cabinet shall use available computer matches to verify an applicant's marital and institutional status.

(4)

Except as permitted by subsection (6) of this section, if a household member does not meet the criteria established in subsection (1) or (2) of this section, the household:

(a)

Shall not be eligible for ESAP; and

(b)

May apply for regular SNAP benefits in accordance with 921 KAR 3:030.

(5)

An individual shall not receive ESAP benefits and regular SNAP benefits at the same time.

(6)

A child under the age of eighteen (18) who resides with an individual who is eligible for ESAP may be included in the household.

Section 4.

ESAP Application Process.

(1)

ESAP eligibility shall be reviewed when an application for SNAP benefits is completed and submitted to the cabinet.

(2)

In accordance with 7 C.F.R. 273.2(g), the cabinet shall provide an eligible household an opportunity to participate within thirty (30) calendar days of the date the application required by subsection (1) is submitted to the cabinet.

Section 5.

ESAP Certification Process.

(1)

The cabinet shall process a SNAP application pursuant to 921 KAR 3:030.

(2)

Information necessary to certify a household for ESAP shall be obtained from computer matches, with the exception of information considered questionable.

(3)

The cabinet shall certify an eligible household for ESAP benefits for thirty-six (36) months, with a reminder notice of change reporting requirements sent in the 11th month and 23rd month of the certification period.

(4)

In accordance with 7 C.F.R. 273.10(g), the cabinet shall send an applicant a notice of certification or denial.

(5)

In the month preceding the last month of the household's certification period, the cabinet shall send a program participant an "ESAP-2, Elderly Simplified Assistance Program (ESAP) Recertification," which shall be submitted to the cabinet prior to the end of the certification period for consideration of continued eligibility.

Section 6.

ESAP Benefits.

(1)

The cabinet shall notify an ESAP household of their approved monthly benefit amount.

(2)

The ESAP benefit amount shall be based on:

(a)

Shelter costs;

(b)

Household size; and

(c)

Medical expenses.

Section 7.

Changes in Household Circumstances.

(1)

A household receiving ESAP benefits shall be required to report changes to the cabinet that result in an individual no longer meeting the eligibility requirements of Section 3 of this administrative regulation within ten (10) calendar days.

(2)

The cabinet shall process changes in household circumstances based on information received from computer matches.

(3)

If information voluntarily reported by the household is contradictory to computer match data, the cabinet shall not act upon the information until the next recertification unless the information is a change in a household member's:

(a)

Name;

(b)

Date of birth; or

(c)

Address.

(4)

If a change in household circumstances results in a change in the benefit amount, the cabinet shall provide the household with notice of the change.

Section 8.

Incorporation by Reference.

(1)

"ESAP-2, Elderly Simplified Assistance Program (ESAP) Recertification," 06/23, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

LESA DENNIS, Acting Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: May 26, 2023
FILED WITH LRC: June 7, 2023 at 2:345 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on August 21, 2023, 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 August 14, 2023, 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 August 31, 2023. 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; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for the Elderly Simplified Application Project (ESAP), a Supplemental Nutrition Assistance Program (SNAP) demonstration project administered by the cabinet to improve access to food for elderly and disabled individuals.
(b) The necessity of this administrative regulation:
This administrative regulation and the administration of this program is required by KRS 205.1783(1), originally passed as House Bill 7 in the 2022 Regular Session.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by implementing programs necessary for the proper administration of the cabinet and its programs. KRS 205.1783(1)(b)1. requires the cabinet to request a waiver from the United States Department of Agriculture to implement an Elderly Simplified Application Project for individuals who have no earned income and who are over sixty (60) years of age or who are disabled. The waiver was requested by the cabinet and approved by the federal government. KRS 205.1783(f) requires the cabinet to promulgate administrative regulations necessary to administer this section.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation fulfills a statutory requirement to request a waiver for this program and implement it once approved by the federal government.
(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:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All SNAP recipients whose households solely contain individuals who are elderly or disabled (with the exception of children) may benefit from this program. As of January 2023, 102,698 households enrolled in SNAP met these criteria, which is approximately 40% of all households receiving SNAP.
(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:
Households solely containing individuals who are elderly or have disabilities will have a simplified application process to go through in order to continue receiving Supplemental Nutrition Assistance Program benefits in purchasing food items. There are no additional actions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs incurred by affected households.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Households containing only individuals who are elderly or disabled will have improved access to assistance in purchasing food.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The only cost to implement this program will be that of minor system changes and staff training. Administrative costs are funded 50% by the federal government.
(b) On a continuing basis:
Once established, there will be no continuing costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
SNAP benefits are 100% federally funded. Administrative functions are funded at a 50% state and 50% federal match rate. The funding has been appropriated in the enacted budget.
(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:
There are no fees no associated with this program. (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increased any fees: There are no fees no associated with this program.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees no associated with this program.
(9) TIERING: Is tiering applied?
Tiering is not applied, because this administrative regulation will be applied in a like manner for households containing only eligible individuals.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 C.F.R. 271.4
(2) State compliance standards.
KRS 194A.050(1), 205.1783
(3) Minimum or uniform standards contained in the federal mandate.
The provisions of the administrative regulation comply with the federal mandate and granted waiver request.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation does not impose stricter, additional, or different responsibilities or requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Not applicable.

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 Cabinet for Health and Family Services administers this administrative program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
7 C.F.R. 271.4, KRS 194A.050(1), 205.1783.
(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 new revenue for state or local government.
(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 new revenue for state or local government, although retailers, grocers, farmers, and local communities benefit from the federal dollars spent through SNAP.
(c) How much will it cost to administer this program for the first year?
This administrative regulation amendment will require system design changes and staff training of less than $500,000. The federal government funds half of all administrative costs for SNAP.
(d) How much will it cost to administer this program for subsequent years?
There will be no costs to administer for subsequent years.
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 and the new program being administered will improve food access for households comprised completely of individuals who are elderly or disabled. This will result in a cost savings for these households.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Ongoing cost savings cannot be anticipated at this time.
(c) How much will it cost the regulated entities for the first year?
There is no cost to affected entities.
(d) How much will it cost the regulated entities for subsequent years?
There are no anticipated ongoing costs to affected entities.
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 amendment is not anticipated to have a major economic impact. This administrative regulation will not have a negative or adverse economic impact. This administrative regulation and new program will improve food access for households containing elderly or disabled individuals and also provide federal funding to grocers, retailers, farmers, and other members of local communities.

7-Year Expiration: 10/25/2030

Last Updated: 11/7/2023


Page Generated: 5/12/2023, 4:33:50 PM