TITLE 8 SOCIAL
SERVICES
CHAPTER 139 FOOD
STAMP PROGRAM
PART 504 NEW
MEXICO EXTRA HELP SNAP
8.139.504.1 ISSUING
AGENCY: New Mexico Health Care Authority (HCA).
[8.139.504.1
NMAC - N, 08/01/2011; A,
7/1/2024]
8.139.504.2 SCOPE: General public
[8.139.504.2
NMAC - N, 08/01/2011]
8.139.504.3 STATUTORY
AUTHORITY: The food stamp program is authorized by the
Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are
contained in 7 CFR Parts 270-282. State
authority for administering the food stamp program is contained in Chapter 27
NMSA, 1978. Administration of the health
care authority (HCA), including its authority to promulgate regulations, is
governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes
the HCA as a single, unified department to administer laws and exercise
functions relating to health care facility licensure and health care purchasing
and regulation.
[8.139.504.3
NMAC - N, 08/01/2011; A, 7/1/2024]
8.139.504.4 DURATION: The New Mexico
Extra Help SNAP pilot shall terminate issuance of benefits in conjunction with
the cessation of the grant authorized by the United States department of
agriculture food and nutrition services (FNS).
FNS has authorized the cessation of the program delivery effective April
30, 2013.
[8.139.504.4
NMAC - N, 08/01/2011; A, 04/01/2013]
8.139.504.5 EFFECTIVE
DATE:
August 1, 2011, unless a later date is cited at the end of a section.
[8.139.504.5
NMAC - N, 08/01/2011]
8.139.504.6 OBJECTIVE: The objective
of New Mexico Extra Help SNAP (NM Extra Help SNAP) is to increase access to the
nutrition benefits offered by the food stamp program among elderly and disabled
populations receiving assistance through the medicare
saving program (MSP) through medicaid. The NM Extra Help SNAP will increase the
ability to purchase food and meet dietary needs. The NM Extra Help SNAP is authorized by a
grant funded by the food and nutrition services (FNS).
[8.139.504.6
NMAC - N, 08/01/2011]
8.139.504.7 DEFINITIONS: [RESERVED]
8.139.504.8 PROGRAM
ELIGIBILITY
A. An applicant can opt to receive NM Extra Help SNAP benefits if the
applicant:
(1) receives benefits through a MSP; and
(2) is 22 years of age or older; and
(3) resides in a NM Extra Help pilot county; and
(4) is eligible for separate household status as defined at Subsection A of
8.139.400.9 NMAC; or
(5) lives with a spouse who also receives MSP benefits; or
(6) is living with others but buys and cooks food separately from others;
and
(7) the household has no earned income.
B. Verification of information: All information received by the department
from the centers for medicaid and medicare
(CMS) data interface will be deemed as true and accurate for purposes of
initial verification.
[8.139.504.8
NMAC - N, 08/01/2011]
8.139.504.9 APPLICATION
PROCESS
A. Opt in/out: An applicant
can opt out of NM Extra Help SNAP at any time.
To be considered for regular SNAP benefits, the applicant must apply
through the regular SNAP application process as defined at 8.139.110 NMAC.
B. Application requirements: The
application at minimum will contain:
(1) the applicants name and address;
(2) receipt of income and amount;
(3) amount of
applicable deductions, such as shelter and medical; and
(4) must be signed by the applicant or authorized representative.
C. Application filing: Potential NM
Extra Help SNAP recipients will receive applications from the department based
on interface data supplied by CMS.
D. Processing standards: Applications are processed by the department
and notice of disposition is sent to the applicant.
(1) Standard processing: An application
shall be processed as soon as possible and the
applicant afforded an opportunity to participate no later than 30 days from the
date of application.
(2) Expedited processing: In the month
of application NM Extra Help SNAP applicants shall be considered as standard
food stamp program applicants and may qualify for expedited service in
accordance with 8.139.110.16 NMAC.
E. Authorized representatives: The head of
the household or the spouse may designate an individual who is a non-household
member to act on its behalf in applying, obtaining or using food stamp
benefits.
(1) The caseworker shall obtain a copy of the household's written
authorization for the authorized representative and maintain it in the
household's case record. No limit shall
be placed on the number of households an authorized representative may
represent.
(2) Even if the household member is able to make
an application and obtain benefits, the household should be encouraged to name
an authorized representative to use the food stamp benefits in case illness or
other circumstances prevent household members from using the benefits
themselves.
(3) The authorized representative's identity shall be verified
and a copy of the document maintained in the household's case file.
[8.139.504.9
NMAC - N, 08/01/2011]
8.139.504.10 CASE
MANAGEMENT
A. Interviews: NM Extra Help
SNAP applicants are not required to see an ISD caseworker or be otherwise
subjected to an interview, although additional information or verification may
be requested.
B. Certification periods: Eligible
households shall be assigned to a 36-month certification period, and with no
interim contact.
C. Reporting requirements: NM Extra Help
SNAP recipients are subject only to the reporting standards of MSP and all data
sent to the department monthly. All
information received by the department from the CMS data interface will be
deemed as true and accurate for reported changes.
D. Actions on reported changes: Within 10 days
of receipt the department shall act on the following changes:
(1) death of a household member;
(2) loss of MSP eligibility;
(3) changes in state residency;
(4) a member of the household's institutional status has changed; or
(5) receipt of earned income.
E. Recertification: NM Extra Help
SNAP recipients shall not be subject to an interview to review eligibility at
the end of the 36-month certification period.
Recipients shall receive notice of expiration and recertification prior
to closure. Continued eligibility will
be evaluated based on the submission of a completed application. Participants that do not reapply by the end
of certification period will be subject to case closure. Standards for timely submission of the
recertification application will be in accordance with at 8.139.120.8 NMAC.
[8.139.504.10
NMAC - N, 08/01/2011]
8.139.504.11 BENEFIT
DELIVERY
A. Benefit issuance: NM Extra Help
SNAP benefits shall be issued through a direct deposit into a household’s
electronic benefit transfer (EBT) food stamp account. EBT cards are issued and EBT accounts
maintained as defined at 8.139.610 NMAC.
A participating household has a definite issuance date so that food
stamp benefits are received on or about the same time each month. The issuance date is based on the last two
digits of the social security number of the individual to whom the food stamps
are issued. Benefits for the month of
application shall not be prorated.
B. Eligibility determination: Eligibility is based on adjusted net income
(ANI) which equals the countable gross income minus the appropriate standard
deduction, minus the total combined shelter cost, and minus the medical
deduction. To be eligible for NM Extra
Help SNAP, the applicant household’s ANI must be below the appropriate net
income level in accordance with 8.139.500 NMAC.
C. Benefit calculation: Benefits are issued based on adjusted income
(AI) and the shelter to income ratio (STIR).
AI is equal to the gross countable income minus total medical expenses.
The STIR is equal to the total shelter costs divided by the AI. Benefit amounts shall be subject to review
and adjustment in coordination with the regular food stamp program and cost
neutrality and may be adjusted each January.
(1) Benefits for a two person household:
(a) The monthly benefit amount for a two person household with a monthly AI
of less than $900.00 is $240.00.
(b) The monthly benefit amount for a two person household with a monthly
STIR equal to or greater than 0.9 is $240.00.
(c) The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR equal to or
greater than 0.8 and less than 0.9 is $180.00.
(d) The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR equal to or
greater than 0.25 but less than 0.8 is $75.00.
(e) The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $1,500 but less than $1,800.00 and a STIR equal to or
greater than 0.25 is $75.00.
(f) The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR less than
0.25 is $16.00.
(g) The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $1,800.00 and a STIR less than 0.25 is $16.00.
(2) Benefits for a one person household:
(a) The monthly benefit amount for a one person household with an AI less
than $500.00 is $180.00.
(b) The monthly benefit amount for a one person household with an AI of
between $500.00 and $800.00 and a STIR of 0.85 or less is $75.00.
(c) The monthly benefit amount for a one person household with an AI of
between $500.00 and $800.00 and a STIR greater than 0.85 is $180.00.
(d) The monthly benefit amount for a one person household with an AI
greater than $800.00 and a STIR of 0.65 or more is $75.00.
(e) The monthly benefit amount for a one person household with an AI
greater than $800.00 and a STIR less than 0.65 is $16.00.
D. Benefit correction: Benefit corrections shall be determined and
adjusted as defined at 8.139.640 NMAC.
[8.139.504.11
NMAC - N, 08/01/2011; A, 07/01/2012; A, 10/01/2012]
8.139.504.12 OVERPAYMENT AND RECOUPMENT
A. Overpayment: A household that has received NM Extra Help
SNAP benefits and has been determined ineligible or does not qualify for some
or all of the NM Extra Help SNAP benefit shall have a
claim established against the household for the NM Extra Help SNAP benefit
amount in accordance with 8.139.640 NMAC.
B. Recoupment:
(1) The household shall be required to repay any amount of the NM Extra
Help SNAP benefit due to an established claim or overpayment of the NM Extra
Help SNAP benefit.
(2) The household shall remain subject to claim establishment and recoupment
for the NM Extra Help SNAP benefit in accordance with 8.139.640 NMAC.
[8.139.504.12 NMAC - N,
08/01/2011]
History of 8.139.504 NMAC: [RESERVED]