DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

PUBLIC NOTICE

Case Processing Procedures - Burial Assistance & Fraudulent Receipt Of Benefits In Multiple States

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services (DSS) is proposing to amend the Division of Social Services Manual regarding Case Processing Procedures, specifically, to explain the procedures for providing burial assistance and disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on May 1, 2020. Please identify in the subject line: Case Processing Procedures.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

SUMMARY OF PROPOSAL

The purpose of this notice is to advise the public that Delaware Health and Social Services/Division of Social Services (DHSS/DSS) is proposing to amend the Division of Social Services Manual regarding Case Processing Procedures, specifically, to explain the procedures for providing burial assistance and disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states.

Statutory Authority

Background

DSS provides cash assistance for burial expenses to eligible individuals as specified in DSSM 2020. DSS provides burial assistance for individuals who were receiving State of Delaware Temporary Assistance for Needy Families (TANF), General Assistance (GA), or Medicaid benefits at the time of the individual's death. DSS also provides burial assistance for minor children who were eligible for State of Delaware TANF, GA, or Medicaid benefits at the time of the child's death. The burial assistance amount cannot exceed $100.

Additionally, Federal regulations mandate that individuals who are found guilty of fraudulently receiving cash assistance or food benefits in multiple states are disqualified from receiving these benefits for a 10-year period. DSSM 2024 identifies the disqualification criteria for multiple benefits for cash assistance programs and the Supplement Nutrition Assistance Program (SNAP) and provides case processing instructions for DSS staff.

Summary of Proposal

Purpose

The purpose is to amend DSSM 2020 and DSSM 2024 to improve the format of the policies and to include the current procedures for processing burial assistance requests and disqualifying individuals for fraudulently receiving cash assistance or food benefits in multiple states.

Summary of Proposed Changes

Effective for services provided on and after June 11, 2020 Delaware Health and Social Services/Division of Social Services proposes to amend the Division of Social Service Manual sections 2020 and 2024 specifically, to explain the case processing procedures for providing burial assistance and disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states.

Public Notice

In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services/Division of Social Services (DHSS/DSS) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments must be received by 4:30 p.m. on May 1, 2020.

Fiscal Impact

There is no anticipated fiscal impact associated with this policy change.

31 Del.C. 110, 502 (2)

A person who is receiving TANF, GA, or Medicaid at the time of death or a minor child of such a person who would have

been eligible for TANF, GA, and Medicaid at the time of death is entitled to assistance for burial expenses from the State.

The amount paid toward these expenses cannot exceed $100. The deceased individual's next of kin must request burial

assistance from DSS in writing and provide proof of burial expenses. Upon receipt of a request for burial assistance, the

DSS worker will complete Form 112 according to the instructions in the Forms Index Manual. The completed Form 112 is to be mailed to:

Division of Management Services

Business Office

Herman Holloway Sr. DHSS Campus

1901 N. DuPont Highway - Main Building

New Castle, DE 19720

The State of Delaware provides assistance for burial expenses for eligible individuals.

1. The following individuals are eligible for burial assistance:

A. An individual who was receiving State of Delaware Temporary Assistance for Needy Families

(TANF), General Assistance (GA), or Medicaid benefits at the time of the individual’s death.

B. A minor child who was eligible for State of Delaware TANF, GA, or Medicaid benefits at the time

of the child’s death, and whose parent or guardian is receiving one of these benefits.

2. The deceased individual's next of kin must request burial assistance from the Division of Social

Services (DSS) in writing and provide a copy of the death certificate and proof of the burial

expenses.

3. Upon receipt of a request for burial assistance, the DSS case worker will:

A. Complete Form 112 “Vendor Payment Authorization”.

B. Submit the following documents to the Business Office of the Division of Management Services:

i. Form 112, completed and signed by the case worker and operations administrator;

ii. The written request for burial assistance from the deceased individual’s next of kin;

iii. A copy of the death certificate; and

iv. Proof of the burial expenses.

4. The Division of Management Services will make payment for an approved request directly to the

vendor providing burial services.

5. The burial assistance amount cannot exceed $100.

42 USC 608 (a)(8); 7 CFR. 273.16 (b)(5)

For Cash Benefits:

For Food Stamps:

Individuals who have been found guilty of fraudulently receiving cash assistance or food benefits in multiple states

are disqualified from receiving these benefits.

1. Disqualification Criteria for Cash Assistance Recipients

A. An individual is ineligible to receive cash assistance as a member of any assistance unit if the

individual:

i. Made a fraudulent statement or representation of the individual's place of residence to

receive assistance from two or more states simultaneously; and

ii. Was convicted in federal or state court for this offense.

B. The individual is disqualified from receiving cash assistance for a 10-year period beginning on the

conviction date.

C. The disqualification applies to programs funded under Title IV, Title XIX, and Title XVI of the

Social Security Act and the Food and Nutrition Act of 2008.

D. The disqualification does not apply to an individual for whom the President of the United States

has granted a pardon for the conviction.

E. DSS case workers must:

i. Determine the income, resources, and deductions according to DSSM 4003.2 if the

disqualified individual is a parent payee; or

ii. Exclude the income and resources of the disqualified individual if the individual is a non-

parent payee.

2. Disqualification Criteria for Food Benefit Recipients

A. An individual is ineligible to receive food benefits as a member of any household if the individual:

i. Made a fraudulent statement or representation of the individual's place of residence or

identity to receive assistance from two or more states simultaneously; and

ii. Was convicted in federal or state court, was found guilty as the result of an Administrative

Disqualification Hearing, or signed a waiver of the right to an Administrative

Disqualification Hearing for this offense.

B. The individual is disqualified from receiving food benefits for a 10-year period beginning no later

than the second month following the date the individual receives written notice of the

disqualification.

C. DSS case workers must:

i. Determine the income, resources, and deductions of the disqualified individual according to DSSM 9076.1.