New York Program Access Review

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NEW YORK PROGRAM ACCESS REVIEWNOVEMBER-DECEMBER 1998The New York State Department of Family Assistance, Office of Temporary andDisability Assistance (OTDA) administers the Food Stamp Program in New YorkState under an agreement with the USDA Food and Nutrition Service (FNS).OTDA supervises the local administration of the Food Stamp Program through58 social service districts, including New York City’s Human ResourcesAdministration (HRA). OTDA is ultimately responsible for ensuring statewidecompliance with all pertinent Federal statutes, regulations and guidance issuedby FNS.The FNS Northeast Regional Office recently reviewed local policies andprocedures affecting access to the Food Stamp Program in New York City. Thisreview was part of FNS’ ongoing responsibility to ensure compliance by Statesand local districts with all applicable Food Stamp Program laws and regulations.The Personal Responsibility and Work Opportunity Reconciliation Act of 1996(PRWORA) provided increased flexibility to States in matters affecting localFood Stamp Program operations. However, Section 4 of the Food Stamp Act of1977, as amended, (FSA) authorizes the Secretary of Agriculture “…to formulateand administer a Food Stamp Program under which, at the request of the Stateagency, eligible households within the State shall be provided with anopportunity to obtain a more nutritious diet... .” This construction of the FoodStamp Program clearly gives primary responsibility to the Secretary ofAgriculture to manage this national nutrition assistance program.In passing PRWORA, Congress thoroughly reviewed the FSA and madechanges to many of its provisions. However, it also made conscious decisionsto retain certain requirements. Soon after PRWORA was signed into law, FNSissued implementing memoranda to all State commissioners clarifying therequirements of the FSA, as amended by PRWORA. These memoranda alsospecified deadlines for implementation of new statutory provisions. State2
NEW YORK PROGRAM ACCESS REVIEWNOVEMBER-DECEMBER 1998agencies were required to continue to comply with all regulatory provisions thatwere unchanged by PRWORA.In PRWORA, Congress spoke clearly of its expectations regarding food stampapplication processing standards. Section 835 of PRWORA made it clear thatthe Food Stamp Program would continue to have a distinct set of nationwideapplication rights and responsibilities.While PRWORA amended Section 11(e) of the FSA to increase State flexibilitywith respect to the operation of food stamp offices, it did not change applicants’basic right to apply immediately for food stamp benefits. In fact, PRWORArecodified this right, along with a new emphasis on timely and fair service toapplicants. The FSA retains the provision that the State agency shall permit anapplicant household to apply to participate in the Food Stamp Program on thesame day that the household first contacts a food stamp office in person duringoffice hours. It also provides that all States shall consider an application thatcontains the name, address, and signature of the applicant to be filed on thedate the applicant submits the application. PRWORA amended the FSA topermit State agencies to develop their own application, but the application mustcontain the information necessary to determine eligibility under the provisions ofthe FSA. The food stamp application must activate all of the rights,responsibilities, and protections provided a Food Stamp Program applicantunder Federal law and regulations.Where the FSA was unchanged, current food stamp regulations remain in effect.For example, the regulations at 7 CFR 273.2(c)(1) provide that each householdhas the right to file an application on the same day it contacts the food stampoffice during office hours. The State must advise the household that it does nothave to be interviewed before filing the application and may file an incomplete3
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