The Fiscal Responsibility Act (the FRA), which was passed by Congress in June 2023, makes significant changes to Supplemental Nutrition Assistance Program (SNAP) work reporting requirements. Among other changes, the FRA extends mandatory work reporting requirements to older SNAP participants and adds new exemptions to these requirements for veterans, people experiencing homelessness, and some people who were in foster care. Because work reporting requirements put a household’s SNAP assistance in jeopardy due to Employment and Training (E&T) sanctions or time limits, it is important to have all the facts.
The following activities qualify as meeting SNAP work reporting requirements:
In general, adults participating in SNAP are subject to work reporting requirements in Florida unless they have a mental or physical problem that affects their ability to work, are pregnant, or are living with minor children. [1]
SNAP participants do not have to meet work reporting rules (called “exempt”) if they:
Who falls under the exemption “physically or mentally unable to work”?
This includes people who are receiving temporary or permanent disability benefits, including:
People are also exempt under this category if they:
Who falls under the exemption for veterans?
Under the FRA, this exemption is effective beginning September 1, 2023, and — as mentioned above — includes veterans even if they are not getting VA benefits.
The exemption includes anyone who served in the United States Armed Forces and was discharged or released from service, regardless of the conditions of the discharge or release. Examples:
Who falls under the exemption for people who are homeless?
Under the FRA, the homelessness exemption is effective beginning September 1, 2023.
The homelessness exemption is broader than chronic homelessness. To be considered “homeless,” the SNAP participant must either have no regular nighttime residence or have a primary nighttime residence that is:
SNAP participants who are subject to work reporting requirements may lose their SNAP because of time limits and/or as an E&T sanction if they do not comply with those requirements without a good reason.
Sanctions: People who are required to meet work reporting requirements will lose their SNAP assistance as an E&T sanction if they fail to comply. This means that a participants’ SNAP assistance — and, in many cases, the SNAP assistance of everyone in the household — will be cut off, even if they have not exhausted their time limit. Sanctions range from a minimum of one to six months.
Time limits: SNAP participants who are subject to work reporting requirements can only get three full months of SNAP in a 36-month period — unless they report that they are working or participating in qualifying work activities for at least 80 hours a month. Florida uses a “fixed clock” to measure and track the 36 months. This means that the state sets its clock on one date state-wide, which gives all participants subject to work reporting the same start and end date. In Florida the current 36-month period runs from January 1,2022 until December 31, 2024. New 36-month periods reset every third year on January 1 and end three years later on December 31.
In many cases, SNAP participants who have a good reason (called “good cause”) for not meeting their work reporting requirements should be excused. Good cause means reasons that are beyond the participant’s control, such as illness, a household emergency, transportation problems, discrimination or harassment at work, or not getting paid on time.
To be excused from work reporting requirements for good cause, the participant must have at least completed orientation and assessment, which may be done online or in person. DCF is responsible for making decisions about good cause. To make a good cause determination, DCF considers all relevant facts and circumstances.
DCF suggests that people report their exemption or good cause reason in their My ACCESS Account by selecting “Report a Change,” or by contacting the Customer Call Center at 850-300-4323. It is a good idea to do both to ensure that DCF sees and processes the report.
Participants who lost SNAP in the past because of time limits can reapply for SNAP again when the clock resets.
People who lost their SNAP because of an E&T sanction can get their SNAP back if they reapply so long as they serve out a minimum sanction period and begin to comply with work requirements.
SNAP participants who become newly exempt from work reporting requirements can have their benefits reinstated even though they were sanctioned or time limited. These participants will likely need to reapply.
In addition, SNAP participants who disagree with the decision that they are subject to work reporting --or whose benefits are sanctioned and/or time limited because of work reporting — can file an appeal (also called “request a fair hearing”). Participants who wish to appeal should carefully read all notices that they get about work reporting to determine the deadline for filing their appeal. People who are already receiving benefits should file their appeal by the end of the last day of the month prior to the effective date of the action if they want their benefits continued during the appeal. Otherwise, SNAP participants have 90 days from DCF’s written notice to ask for a fair hearing.
SNAP participants can represent themselves at a fair hearing or get anyone they want to represent them, including friends or family members. Still, it is a good idea to try to get a lawyer or paralegal. To find a local legal aid or legal services office that may be able to help for free, go to https://www.floridalawhelp.org/.
Participants should contact DCF as soon as possible if they disagree with any decision that the Department makes related to work reporting. Participants can go in person to a DCF office or call DCF’s Customer Call Center at (850) 300-4323 (Florida Relay 711 or TTY 1-800-955-8771) from 7:00 a.m. - 6:00 p.m., Monday-Friday.
All SNAP participants will be screened by DCF staff during their eligibility interview to determine if they are subject to work reporting requirements before they are referred to DEO. People who are required to comply with work reporting rules will get a letter from their local workforce development board (LWDB or CareerSource) called an Employment and Training Referral (ETR). The ETR letter, which used to be called a Notice of Mandatory Participation (NOMP), contains instructions for completing online orientation and assessment. ETRs are sent by regular mail through the United States Postal Service, even to participants who normally receive SNAP notices electronically. SNAP households should double check that DCF has their correct mailing address on file through their MyACCESSAccount to make sure they do not miss getting the ETR.
DCF is also supposed to notify participants verbally that they are subject to work reporting requirements during screening as well as in a written consolidated notice about work rules. In addition, DCF should also tell participants about their work reporting responsibilities in the Notice of Adverse Action (NOAA) (also called the Notice of Case Action (NOCA)) that it provides to SNAP applicants informing them of decisions that adversely affect them. FNS says that the NOAA must tell people about the criteria for exemptions, how to meet the work requirement and the steps for regaining eligibility, among other things. The NOAA will also tell participants about their appeal rights, including when and how to request a fair hearing.
DCF decides who is subject to SNAP work reporting requirements in Florida and refers those participants to the Department of Economic Opportunity (DEO). DEO then assesses all participants and assigns them to at least one SNAP Employment and Training (SNAP E&T) activity.
DCF must screen for and apply new exemptions for people experiencing homelessness, veterans, and foster care children no later than September 1, 2023. During that process, the U.S Department of Agriculture Food and Nutrition Service (FNS) says that all participates should be given a meaningful opportunity to provide information about their status and to understand what the work reporting requirements mean to their potential eligibility.
In many cases, a participant’s statement that they meet an exemption does not have to be verified through additional paperwork or by a third party. However, if DCF determines that the information is questionable, the participant may be asked to provide verification.
Bonus months: Normally, people who do not meet the work reporting requirements can only get SNAP for 3 months in a 36-month period. However, some people who have not been able to meet work reporting rules may be able to get a second three months of benefits — called “bonus months” — on top of their first 3 months. People who have lost their benefits due to the time limit but have started to comply again may be eligible for a second three-month period during the 36 months if they fail to meet the work reporting requirements again. This second three-month period is extra time that participants are allowed to receive benefits within a 36-month period even if they are not currently meeting the work requirement. The second three month “bonus” period is consecutive.
Losing exemption status: Some SNAP participants lose their work exemption status during their certification period. For example, someone may recover from a physical ailment that no longer prevents them from working. If that happens, FNS says that states may not take action to force work reporting unless it is “clear” that the participant does not meet another exemption. For it to be “clear,” FNS suggests that the state must screen the participants for all other exemptions before subjecting them to work reporting requirements.
Role of community partners: FNS says that state agencies should work with external organizations — such as outreach and community partners and advocacy groups — in an information campaign to get the word out about FRA’s new exemptions to affected people. FNS says that these groups are crucial to increasing awareness and tells state agencies that their help will assist in streamlining implementation.
Note
[1] Federal law calls people subject to work reporting in the SNAP program “able bodied adults without dependents,” or ABAWDs for short.
Re-employment Assistance (RA) Department of Children and Families (DCF) Multi-Program Policies Supplemental Nutrition Assistance Program (SNAP) Child Nutrition Programs Temporary Assistance for Needy Families (TANF) Re-employment Assistance (RA)American Rescue Plan Act Changes. The American Rescue Plan Act of 2021 extended PEUC and PUA benefits through the week ending September 6, 2021. It also increased the maximum duration of PEUC benefits ($300 a week) to 53 weeks and the maximum duration of PUA to 79 weeks. Although PEUC and PUA did not end until September 6, 2021, Florida withdrew from the Federal Pandemic Unemployment Compensation Program (FPUC) effective June 26, 2021. FPUC provided persons who were out of work due to COVID-19 with an additional $300 a week in unemployment insurance.
Reemployment Assistance weeks reverted to 12 effective January 1, 2022. DEO determines the maximum number of weeks available to RA claimants based on a statutory formula that looks at the average unemployment rate for the most recent third calendar year quarter (i.e., July, August, and September). Based on the downturn in unemployment, the maximum number of weeks for RA reverted to 12 effective January 1, 2022.
RA work-search and work registration requirements reinstated on May 30, 2021. Persons filing an application for RA benefits beginning March 15, 2020, are not required to complete work registration in Employ Florida through May 29, 2021. In addition, work search requirements for individuals requesting benefits for the weeks beginning March 15, 2020, were also reinstated on May 30, 2021.
RA biweekly reporting requirements reinstated. Although previously waived, biweekly reporting was reinstated effective May 10, 2020. DEO’s guide to claiming weeks is here.
Mobile app deployed. DEO has deployed a mobile app for RA applications.
DEO announces extended benefits. DEO announced implementation of Extended Benefits (EB).
Resources and guidance. For a list of resources and guidance from the United States Department of Labor on unemployment insurance and COVID-19, go here.
For DEO’s “Reemployment Assistance Frequently Asked Questions and Additional Resources,” updated 12/30/2020, go here.
For DEO’s latest claims data, go here.
Re-employment Assistance (RA) Department of Children and Families (DCF) Multi-Program PoliciesDCF opens offices. DCF has reopened its brick-and-mortar storefronts, which were previously closed due to coronavirus.
DCF adds call center numbers. DCF has added a call center number for Monday through Friday, from 7 a.m. to 6 p.m. Call center numbers now include 850-300-4323, 866-762-2237, or TTY 1-800-955-8771.
Certification periods extended by 6 months only through August 2020. Certification periods for cash, food and medical assistance were extended by 6 months for individuals and families scheduled to recertify in April through August 2020. FNS’ approval of the SNAP extension for August is here. However, effective September 1, 2020, SNAP, TANF and Medicaid recertifications have been reinstated, although DCF says that no one will lose Medicaid due to recertification.
DCF allows phone interviews. Phone interviews are now being used for TANF cash and SNAP food assistance.
Mandatory work requirements suspended only through May 2021. Under a directive from Governor DeSantis to waive work requirements for safety net programs, DCF waived work requirements for individuals participating in the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) through May 2021. To do this, DCF explains that it partnered with the Department of Economic Opportunity to apply “good cause” statewide for TANF and SNAP recipients who would otherwise be subject to participation in mandatory work requirements as a condition of receiving those benefits. Through May 2021, persons who were sanctioned in the past due to work requirements will be able to reapply and participate in SNAP or TANF again.
Emergency allotments (EA) ended. DCF automatically supplemented SNAP allotments of current recipients up to the maximum for a household’s size for July 2021. However, EA was discontinued beginning August 1, 2021.
The SNAP benefits increase by 15 percent ended in October 2021. Floridians who participate in SNAP to put food on the table will receive a temporary 15 percent supplement to SNAP under COVID relief passed by Congress and extended by the American Rescue Plan Act through September 2021.
FNS permanently increases SNAP through revamp of the Thrifty Food Plan. Effective October 2021, FNS has mandated a permanent increase to SNAP through a revamp of the Thrifty Food Plan. DCF says that the increase amounts to about 6% for Floridians.
Time limits suspended. SNAP time limits are suspended during the COVID-19 public health emergency. No one in Florida should be barred from SNAP due to time limits, even if they exhausted their time limit in the past.
Florida granted waiver to allow families to purchase groceries online. DCF has been granted a federal waiver to permit the State of Florida to launch a pilot project statewide effective April 21, 2020, that allows families to purchase groceries online with their Electronic Benefit Transfer (EBT) card instead of going into stores.
No Medicaid terminations from March 2020 through the end of the federal public health emergency. The national public health emergency has existed since January 27, 2020 and has been renewed by the Secretary of the U.S. Department of Health & Human Services in 90-day increments since that time. The most recent renewal is effective January 16, 2022.
On March 31, 2020, AHCA alerted providers and DCF posted on the ACCESS website that:
Redetermination/recertification times are reinstated. As of October 1, 2020 AHCA's website is alerting recipients that the Department of Children and Families is now mailing letters for case reviews to check if a household is still eligible for Medicaid and/or Medically Needy. AHCA is urging people receiving these letters to take steps now to re-apply. But note, Medicaid coverage will not end during the COVID-19 Public Health Emergency. In January 2021 DCF conducted one-year “automated renewals” for people whose sole income is social security and SSI and are enrolled in an SSI-related Medicaid program (e.g., MEDS/AD, Medically Needy and Medicare Savings Programs). People getting VA income were not included in the automated renewal.
Extended application time. Effective with applications filed in February 2020, the time for submitting documentation required to process an application is extended for 120 days from the date of the application and eligibility will still be effective the first day of the month the application was received. Effective July 1, 2021, this policy has been rescinded. Medicaid applications submitted on or after July 1, 2021 may be denied on the 30th day after application or the day after verification information is due. Applications filed prior to July 1, will be allowed 120 days to provide requested verification to establish Medicaid eligibility.
Exclusion of additional unemployment payments in determining eligibility. The $600/week of additional unemployment insurance payments under the CARES Act will not be counted as income in determining Medicaid eligibility. (However, these payments will be counted as income in determining marketplace subsidy calculations.)
Coverage of Medicaid services during the state of emergency
COVID-19 Vaccines for Medicaid Enrollees. In an executive order published March 16, 2021 Governor DeSantis revised the vaccine distribution plan, which applies to the general public including Medicaid enrollees, to lower the age requirement to 40 effective March 29, 2021 and then effective April 5, 2021 all Floridians are eligible to receive any COVID-19 vaccination approved by the Food and Drug Administration.
Medicaid enrollees eligible to receive the vaccine may visit myvaccine.fl.gov to find a location distributing the vaccine and to schedule an appointment.
On March 12, 2021, AHCA published instructions for Medicaid enrollees on how to obtain Medicaid transportation once they have scheduled an appointment for a vaccine. AHCA states: "Florida Medicaid will take you to get the COVID-19 vaccine at no cost. All you need to do is set up a time to get your vaccine. Next, let your Medicaid plan know you need a ride and they will take care of the rest. If you are not enrolled in a plan, call the Medicaid Helpline at 1-877-254-1055 to find out the name and phone number for a transportation service."
The state has also recently launched a new email system to help bring COVID-19 vaccines to homebound seniors. Seniors will be able to sign up to have the vaccine come to them by emailing a request to HomeboundVaccine@em.myflorida.com.
AHCA has posted Medicaid Alerts and FAQs providing more detail on Medicaid service changes in response to COVID-19. They address a wide range of topics including, but not limited to: telemedicine guidance for medical, behavioral health, and early intervention services providers; long-term care provider network flexibilities allowing more types of providers to deliver specified long term care services; and continuity of care for adult day care center enrollees during the time these centers are closed.
AHCA is loosening coverage restrictions for behavioral health services. Effective May 5, 2020, all prior authorization requirements for mental health or substance use disorder treatment are waived and service limitations (frequency and duration) are lifted. For behavioral analysis services, current authorizations will be extended through an "administrative approval process" which does not require providers to reassess beneficiaries currently getting services. Effective July 1, 2021 service limits will be reinstated for behavioral health services and effective July 15, 2021 Medicaid prior authorization requirements will be reinstated for behavioral health services.
Per a May 29, 2020 provider alert, during the state of emergency AHCA will be reimbursing providers for telemedicine well-child visits provided to children older than 24 months through age 20. Providers are directed to actively work to schedule follow-up in-person visits to administer immunizations and other physical components of the exam which cannot be accomplished through telemedicine.
Coverage of home and community-based waiver services (HCBS) - In response to the public emergency, Florida obtained approval from the federal government to make changes in HCBS waiver programs, including the Long Term Care and Developmental Disabilities programs. The changes are effective retroactively from January 27, 2020 to January 26, 2021. Details can be found here. They include, but are not limited to:
Note on COVID-19 testing, treatment, and vaccines for the uninsured. Florida has not opted to receive 100 percent federal Medicaid funding for COVID-19 testing of people without health insurance. Under the 2021 American Rescue Plan Act this option has been expanded to cover COVID-19 treatment and vaccines for the uninsured as well. Since the state has not taken up this option Floridians must look to an uneven patchwork of free testing, treatment, and vaccine resources scattered around the state. AHCA advises that uninsured people may receive free testing from their county health department or a federally qualified health center and that “many communities provide testing for free for individuals who do not have insurance. Please [click here] to find a test site in your area. Uninsured individuals should ask before the test whether testing is free of charge." There are no state agency instructions on where uninsured people can receive free treatment. However, more information on possible sources for free treatment is available here.
Residency proof no longer required at some vaccine sites, “paving the way for migrants.” - On April 29, 2021 Surgeon General Rivkees issued a new public health advisory specifying that COVID-19 vaccines are available to “a Florida resident” or someone “who is present in Florida for the purpose of providing goods or services for the benefits of residents and visitors of the State of Florida.” This new policy applies to all state-run and federally supported vaccination sites. It rescinds an advisory issued in January that had restricted vaccinations to people who could show proof of Florida residency
2021 unemployment compensation claimants can access free or reduced cost health insurance through the ACA marketplace. The Affordable Care Act (ACA) Marketplace was re-opened in February 2021 to give people who need health insurance a new “special enrollment" opportunity to get covered. The 2021 American Rescue Plan eliminated or vastly reduced premiums for many people with low or moderate incomes.
Starting July 1, 2021, people who received or have been approved for unemployment compensation for any week beginning in 2021 can access free or reduced cost comprehensive health insurance plans through the ACA marketplace. This benefit is available regardless of someone's current income. To get this benefit, people must enroll in the marketplace no later than August 15, 2021. For help with enrollment, contact Covering Florida at 877-813-9115.
