Residents of Institutions for NA
 |
This subject includes policy about when a participant is eligible for NA benefits while living in a residential facility.
Policy
Residents of an institution(g) are potentially eligible for NA when the facility(g) meets specific program requirements, and the participants meet all other eligibility requirements.
A facility is considered an authorized institution when the facility meets all of the following requirements:
●Provides the majority of the resident’s meals (over 50% of three meals daily) as part of the facility’s standard services.
●Is authorized to accept NA benefits.
Participants residing in an unauthorized institution may or may not be potentially eligible for NA benefits when the facility verifies any of the following about the participant:
●The unauthorized institution offers several meal plans, and the residents can choose from the different meal options, including and not limited to any of the following:
The participant is receiving all meals provided by the institution. The resident is not potentially eligible for NA.
The participant is receiving less than 50% of the meals provided by the institution. The resident is potentially eligible for NA.
The participant has opted out of receiving the meals provided by the institution, with the ability to store and prepare their own meals separately. The resident is potentially eligible for NA.
●The institution is unable to provide food for the participant’s special diet or dietary restrictions. The resident is potentially eligible for NA.
●The institution charges a fee for the food provided and the participant is unable to pay the required fee. The institution requests the participant to apply for NA benefits and provide their own food for continued participation in the program. The resident is potentially eligible for NA.
A facility is considered a non-institution when the facility does not provide the majority of meals (less than 50% of three daily meals) as a part of the facility’s standard services.
Incarcerated participants are considered to be residing in an institution. FAA denies the applications for incarcerated participants or stops NA benefits with a notice of adverse action(g).
NOTE FAA accepts NA applications from incarcerated participants in the Re-entry Program with the Division of Employment and Rehabilitation Services (DERS). See Inmate Pre-Release NA Referrals for more information about program requirements.
The Food and Nutrition Service(g) authorization requirements are different for each type of institution. See all of the following for program requirements:
Temporary Homeless Shelters and Meal Providers
Temporary homeless shelters and homeless meal providers are either public or private nonprofit establishments that provide meals for persons who are homeless(g).
Participants who are homeless can use NA benefits to purchase prepared meals at homeless shelters and kitchens authorized by the Food and Nutrition Service(g). These establishments include, and are not limited to, any of the following:
●Soup kitchens
●Temporary homeless shelters
●Other public or private nonprofit establishments that provide meals for persons who are homeless
Shelters and kitchens interested in accepting NA benefits need to complete and submit a Request for Verification of Meal Provision to the Homeless (FAA-0127A) form to the FAA Policy Support Team (PST). Food and Nutrition Service (FNS) certification is not required for shelters and kitchens when they meet the requirements to be an FNS-authorized shelter or meal provider for the homeless.
NOTE When a site receives donated food items from the U.S. Department of Agriculture, the site also needs to purchase and serve other food to qualify.
See How Do I Apply to Accept Benefits for complete details on FNS authorization to accept NA benefits.
Domestic Violence (DV) Shelters
Shelters meet the NA definition of a domestic violence (DV) shelter when all of the following requirements apply:
●The shelter is a public or private nonprofit residential facility(g) that serves women and children who are victims of domestic violence.
●When the shelter serves other residents, a portion of the shelter is set aside long-term, only helping victims of domestic violence that are women and children.
Food and Nutrition Service(g) certification is sufficient evidence that the shelter meets the NA definition of a domestic violence (DV) shelter. The Food and Nutrition Service (FNS) authorizes shelters meeting the NA definition of a DV shelter to redeem NA benefits at wholesalers, regardless of FNS certification. Participants of these shelters are potentially eligible for NA benefits.
NOTE Participants residing in a shelter for people fleeing domestic violence are not eligible for NA benefits unless the shelter meets the NA definition of a DV shelter.
When moving into a DV shelter, a participant may be eligible to receive NA benefits twice in the same month when all of the following apply:
●The participant received NA benefits with the person who abused them.
●The participant no longer resides with the abusive person.
●The participant applies for NA benefits without the abusive person.
All the financial eligibility factors apply to participants residing in a domestic violence shelter, with all of the following exceptions:
●Only income received by the participant after entering a shelter is countable.
●Resources are inaccessible when any of the following apply:
Jointly owned by a participant from the former budgetary unit or the abusive person.
Access to the resource depends upon the agreement of a joint owner who either still resides in the former budgetary unit, the household, or is the abusive person. See Inaccessible Resources for more information about resources with a cash value that are not available to the participant.
Each resident’s family is a separate budgetary unit from other domestic violence shelter residents.
Residents may choose to have a shelter employee as an NA authorized representative(g). See Authorized Representatives for more information about the requirements to be a designated NA authorized representative.
Drug and Alcohol Treatment Centers (DAATC)
When participants reside in a private nonprofit or a publicly operated community mental health, residential drug and alcohol treatment center (DAATC), the DAATC may be authorized to receive NA benefits for the residents. The DAATC is authorized when it is eligible to receive funding under Title XIX, Part B of the Public Health Service Act, and meets one or more of the following criteria:
●Certified as a drug and alcohol treatment center by any of the following:
Arizona Department of Health Services (ADHS) Office of Behavioral Health Licensure (OBHL)
Indian Health Service (IHS)
Bureau of Indian Affairs (BIA), when on federal land
●Certified by the Food and Nutrition Service(g) as a retailer that provides residential treatment for drug and alcohol abuse and redeems its NA benefits through a wholesale vendor
NA eligibility, for budgetary units living in an authorized DAATC, is the same criteria as other NA budgetary units, except for all of the following:
●The treatment center resident NA budgetary unit is limited to one person unless the participant’s children live in the treatment center. Any other mandatory NA budgetary unit members are not included. See Determining Budgetary Units for a complete list of mandatory participants.
●The center receives and spends the benefits for food prepared by, or served to, the NA participants. A signed Designation of EBT Alternate Cardholder (FAA-1004A) form needs to be completed for the DAATC NA authorized representative.
●The NA authorized representative for the treatment center is required to meet all of the following requirements:
Is an employee of the center that administers the treatment program.
Is designated as the NA authorized representative by a responsible center official.
Completes all other NA authorized representative requirements. See Authorized Representative for a complete list of requirements.
●A signed Authorized Representative Request (FAA-1493A) form or a Nutrition Assistance (NA) Authorized Representative Request (FAA-1826A) form is submitted and placed in the case file(g).
●Only the authorized representative submits applications and change reports for NA benefits while the participant is residing at the DAATC.
●The NA authorized representative is required to sign the application, or change report, and conduct the interview on behalf of the participant.
The NA authorized representative needs to be familiar with the participant's circumstances. The center representative needs to carefully review a resident’s circumstances with the participant before applying. The center is responsible for all of the following:
●Misrepresentation or fraud in the eligibility determination process may cause an overpayment(g).
NOTE FAA establishes a claim for any overpayments that occur.
●Lost or misused benefits while being held on behalf of a participant.
●When participants leave the treatment center, report to the FAA Policy Support Team (PST) using the Treatment Center Change Report (FAA-0620A) form.
A signed Treatment Center Monthly Roster (FAA-0620C) form to PST.
Initialed supplemental pages to the Treatment Center Monthly Roster (FAA-0620D) form with the FAA-0620C form when the facility(g) has more than 54 active residents.
NOTE When the fifth calendar day is on a weekend or a holiday, the roster is due on the following workday(g).
When a participant leaves the treatment center, the center can no longer act as the participant's NA authorized representative. In this situation, the center completes all of the following:
●Notifies FAA that the participant left the treatment center using the FAA-0620A form.
●When participants leave, the center advises the participants to report all changes to FAA within 10 calendar days and provides the participant with a Change Report (FAA-0412A) form.
●When the center possesses the participant’s Electronic Benefit Transfer (EBT) card, the center returns the EBT card to the participant.
●The center provides the participant with the necessary information to use the EBT card, such as the balance information, and the EBT Customer Service 24-hour Hotline. See EBT Customer Service 24-hour Hotline for contact information.
●When a participant leaves the center, the center returns the participant’s EBT card with one of the following adjustments:
Returns the full monthly benefits when benefits have not been spent on behalf of the participant
Returns one-half of the monthly NA benefit amount when the participant leaves the center before the 16th calendar day of the month
Treatment center participants leaving on or after the 16th of the month are not entitled to receive any benefits for the benefit month
When a participant leaves without notice, the center needs to complete one or more of the following:
●Attempt to contact the participant and return the EBT card with the appropriate amount of benefits.
●When attempts to contact the participant are unsuccessful, return the EBT card and benefits to the nearest FAA office in the same calendar month the participant left. The EBT card is deactivated and destroyed by FAA.
See Special Participant EBT Usage for facilities that meet the definition to be FNS certified, or authorized, and can deduct or refund NA benefits from a resident’s EBT card.
NOTE Budgetary units living in an unauthorized DAATC are not subject to the authorized representative requirement. The application and interview are conducted with the participant.
Federally Subsidized Housing Facilities for the Elderly
The U.S. Department of Housing and Urban Development (HUD) funds private, nonprofit facilities to develop affordable housing with supportive services for the elderly under the Section 202 Program.
Participants in such facilities are not considered residents of an institution and are potentially eligible to participate in the NA program.
Group Living Arrangement (GLA)
A group living arrangement(g) is a certified public or private nonprofit residential setting that serves no more than 16 residents with a disability or who are blind.
Group living arrangement (GLA) residents are potentially eligible for NA benefits when the GLA meets the NA GLA requirements. For the GLA requirements, see all of the following:
GLA NA Requirements for Eligibility
To be authorized, a GLA facility(g) has to meet one of the following criteria:
●Certified by the appropriate State agency under section 1616(e) of the Social Security Act. Any of the following agencies certify such facilities:
Arizona Department of Health Services (ADHS)
Department of Economic Security (DES) Division of Developmental Disabilities (DDD)
●Authorized by FNS to accept NA
GLAs may handle meals in any of the following ways:
●Have meals prepared and served at the facility to the group residents.
●Have meals prepared at the facility and delivered to the residents at the facility.
●Have meals individually prepared by the resident and eaten by the resident.
●Have meals prepared by a group of residents to be eaten by that group.
NOTE A GLA can use a participant’s NA benefits to prepare personalized meals for the participant. The GLA ensures the NA benefits and meals are for the correct participant.
GLA Residents Eligibility Determinations
Only GLA residents who meet the definition of having a disability or are blind are potentially eligible for NA benefits. See Elderly or Have a Disability - NA Special Considerations for information about who meets these criteria.
FAA determines eligibility for participants of GLAs using the same eligibility criteria as other NA budgetary units. A participant in a GLA has the same responsibilities as other NA participants, which include all of the following:
●Report changes
●NA Mid Approval Contacts (MAC)
●Liable for overpayments
The GLA determines when a resident may apply on behalf of themself. When making this decision, the GLA considers all of the following:
●The physical and mental competence of the participant.
●The participant's ability to understand and be responsible for the application and interview process.
When applying for benefits, the GLA resident can apply for benefits in one of the following ways:
●Applies for benefits for themself.
●Appoints an NA authorized representative employed by the GLA to apply for benefits on their behalf. A signed Designation of EBT Alternate Cardholder (FAA-1004A) form needs to be completed for the GLA NA authorized representative.
●Appoints an NA authorized representative not employed by the GLA to apply for benefits on their behalf.
When the resident applies through the GLA’s NA authorized representative, all of the following apply:
●The resident applies as a one-person budgetary unit.
●The GLA receives the benefits.
●The GLA spends NA benefits for food prepared by or served to the participants.
When the GLA determines that a resident may apply for themself, the resident may apply without the assistance of an NA representative as a one-person budgetary unit.
The GLA decides when a group of residents may apply as one NA budgetary unit. A group of residents within a GLA may be a budgetary unit when they meet NA budgetary unit requirements. See NA Case Participation for NA budgetary unit requirements.
When FAA approves GLA residents for NA benefits, any of the following may occur:
●The participant may turn over the NA benefits to the GLA to purchase food for meals these participants consume together or individually.
●The participants may use the benefits to purchase meals supplied by the GLA.
●Participants may also buy food with the NA benefits to prepare meals by themselves.
GLA Resident Special Deductions
A GLA may bill a participant a residential fee. FAA allows the residential fee as a shelter expense.
GLAs participants may have other expenses besides a residential fee. When itemized on the residential bill, other allowable expenses could include any of the allowable expenses:
●Medical expenses
●Utility expenses
●Telephone expense
See Expenses for more information about how allowable expenses are treated as deductions from income.
GLA Responsibilities
The GLA is required to determine when a resident may apply on their own behalf. Some residents of the GLA may apply on their own behalf while other residents may apply through the GLA’s authorized representative.
Each GLA provides the Policy Support Team (PST) with a list of currently participating residents that have applied through the GLA’s authorized representative semi-annually. The list includes a statement signed by a responsible GLA official. A signature is required to attest to the validity of the list.
When a participant leaves the GLA, the GLA can no longer act as the participant's NA authorized representative. In this situation, the GLA completes all of the following:
●Notifies FAA using the Treatment Center Change Report (FAA-0620A) form that the participant left the GLA.
●Advises the participants to report all changes to FAA within 10 calendar days and provides the participant with a Change Report (FAA-0412A) form.
●When the GLA possesses the participant’s Electronic Benefit Transfer (EBT) card, returns the EBT card to the participant, and adjusts the NA benefits on the participant’s EBT card by completing one of the following:
When the GLA has not spent benefits on behalf of the participant, the GLA returns the full monthly benefits to the participant.
When a budgetary unit leaves the GLA before the 16th calendar day of the month, the GLA ensures the budgetary unit has one-half of its monthly NA benefit allotment remaining on the budgetary unit’s EBT card.
When a participant leaves without prior notice, the GLA completes one of the following:
●Attempt to contact the participant and return the EBT card with the NA benefits.
●When the attempt is unsuccessful, the GLA returns the EBT card with the NA benefits to the nearest FAA office by the end of the calendar month in which the participant left. The EBT card is deactivated and destroyed by FAA.
●The GLA provides the participant with the necessary information to use the EBT card, such as the balance information and the EBT Help Desk Phone Number for the EBT Customer Service 24-hour Hotline.
GLA participants leaving on or after the 16th of the month are not entitled to receive any benefits for the benefit month.
See Special Participant EBT Usage for facilities that meet the definition of FNS certified and can deduct or refund NA benefits from a participant’s EBT card.
Disqualification of an Institution
An institution(g) may be penalized or disqualified when any of the following is discovered:
●NA benefits are misappropriated administratively or judicially.
●Benefits are used for purchases that do not contribute to a participant's meals.
●The authorized drug and alcohol treatment center (DAATC) fails to provide the required, signed Treatment Center Monthly Roster (FAA-0620C) form.
●The group living arrangement (GLA) fails to provide the required, signed FAA-0620C form semi-annually.
●The DAATC fails to provide the Treatment Center Change Report (FAA-0620A) form identifying the proper use of benefits.
FAA reviews reports of suspected misappropriation of participant benefits. When further investigation is needed, FAA requests an official investigation. See Office of Special Investigation for information about welfare fraud investigations.
FAA promptly notifies the Food and Nutrition Service (FNS) when an authorized institution, temporary homeless shelter, or meal provider has misused benefits in its possession.
FAA requires FNS approval to impose penalties or disqualification on an institution.
When the FNS disqualifies an institution, the institution’s NA authorized representative status is suspended for the same period.
When FNS disqualifies a DAATC, all of the following applies
●The residents are ineligible to participate in the NA program during the period of disqualification.
●FAA stops NA benefits for the first month possible without notification.
When a GLA loses certification from ADHS or DDD, all of the following applies:
●Residents of the GLA are ineligible to receive NA, through the GLA authorized representative, during the period of disqualification.
●FAA stops NA benefits for the following month without notice.
When FNS disqualifies a GLA, residents may apply on their own behalf. In this situation, consider all of the following:
●The participants have to meet the definition of an NA budgetary unit(g).
●The participant may not turn NA benefits over to the GLA to purchase food or meals.
Verification
When a participant resides in an unauthorized institution(g), the participant is not eligible for benefits, and verification is not required.
NOTE Verification, about the participant’s circumstances, from the unauthorized institution is required when the participant states any of the following:
●The institution offers their residents several meal plan options and the participant has requested to receive less than 50% of the meals provided.
●The institution is unable to provide food for the participant’s special diet or dietary restrictions.
●The participant is unable to pay the required fees for the food provided and the facility(g) has requested the resident apply for NA benefits or continued participation in their program.
When a participant resides in an authorized institution, verification that the participant is a resident includes any of the following:
●When an NA authorized representative for a drug and alcohol treatment center or group living arrangement applies for the participant.
●A written statement from the institution, on the organization’s letterhead, in which the participant resides.
●FAA completes a collateral contact to the institution to verify residence.
NOTE The collateral contact must be a separate phone call to the facility, when verifying residency and meals.
An eligible resident of a facility is required to provide the same eligibility verification as all NA participants. See the Eligibility Factors Table PDF for eligibility factors and verification methods.
Legal Authorities
7 CFR 273.11(e)
7 CFR 273.2(n)(4)(i)(C)
7 CFR 273.3(a)
7 CFR 273.1(b)(7)(vi)
7 CFR 273.11(g)
7 CFR 273.1(c)
last revised 04/29/2024