We are reaching out with exciting news! Since last year, Colorado Center on Law and Policy and Hunger Free Colorado have been working with the State on proposed rule changes to SNAP that will expand access to food assistance for low-income Coloradans. These proposals would ease the burden of mandatory work requirements for many participants. In particular, these proposals would:
1. Exempt people experiencing homelessness from mandatory Employment First (E&T) participation. Employment First would be voluntary for people who are homeless, and they would not receive sanctions for non-participation.
2. Expand the types of medical professionals who could verify someone's unfitness to work to include physician's assistants, nurses, nurse practitioners, designated representatives of a physician's office, and social workers.
3. Exempt people residing in a home with a minor from the ABAWD time limits, (rather than the current rule that only exempts those responsible for a dependent minor)
4. Allow counties to elect to operate voluntary E&T for non-ABAWDs participants.
To support these proposals, Hunger Free Colorado and CCLP are coordinating a letter (attached and pasted below ) from community stakeholders (attached) that will be provided to the CO Department of Human Services before the rules are considered on July 7th. If you are interested in lending your support, we would be very grateful if we could include your organizational signature on this letter. Please let us or Jack Regenbogen and Joël McClurg know by Friday June 23rd, if it would be OK to add your organization to the letter, or simply respond to this email. They are also happy to address any questions you may have.
These are important changes affecting many members of our community. The AFDC Coalition has voted to support the proposed changes.
For more information regarding this letter, please contact:
Jack Regenbogen, Policy Associate at the Colorado Center on Law and Policy
Joël McClurg, Policy Director at Hunger Free Colorado
Support of CDHS Proposed Rule "Employment First Modernization" #17-05-09-01
June 2017
Dear Members of the Colorado State Board of Human Services:
The undersigned Colorado organizations write in formal recognition of their support for all proposed rule changes in #17-05-09-01 "Employment First Modernization," and urge you to approve all included provisions for incorporation into the Code of Colorado Regulations.
The Colorado Food Assistance (SNAP) Employment and Training (E&T) program, known as Employment First in Colorado, is designed to help program participants build employable skills and satisfy workfare requirements, particularly for the Abled Bodied Adult Without Dependent (ABAWD) population who are subject to a 3-month program time limit if work requirements are not met. There are distinct opportunities to improve the E&T program for both clients and technicians so that the program is robust and focused on providing the best training platform possible to work-ready participants. These proposed changes are also needed in order to ensure alignment with federal policy. These improvements entail exemptions for participants that are not physically or mentally capable of work, as well as structural changes to E&T that prioritize the engagement of capable and committed clients in program activities. The Employment First Modernization rule change would address the following pertinent issues:
· Exempt Those Experiencing Chronic Homelessness from Mandatory E&T
According to the USDA, states are encouraged to exempt individuals from the ABAWD time limits if they are experiencing chronic homelessness.[i] The flexible language on mental and physical unfitness for work supports this policy, as homeless individuals usually face many barriers that render mandatory participation in E&T inappropriate. People experiencing homelessness often lack transportation, contend with physical or mental illness, and by definition, suffer from a lack of stable housing. Therefore, people suffering from homelessness should not be subject to the E&T sanctions as they are an at-risk population typically unable to work, and for whom a disruption in food assistance benefits can intensify hardship. The services provided through E&T would still be available to those who would benefit from voluntary participation.
· Establish Parity Among Professions Able to Verify Unfitness
Federal rules state that a person is exempt from mandatory E&T if they are determined by the State/County agency to be medically certified as "physically or mentally unfit for employment."[ii] This broad definition includes individuals who provide a statement from state-approved medical personnel. At the federal level, unfitness can be shown with "a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel the State agency determines appropriate."[iii] For the purposes of exempting participants from ABAWD time limits, federal rules require states to accept certifications of unfitness from these professions.[iv]
This federal policy serves an important purpose. For many participants, a nurse or social worker serves as their main medical provider and are in the best position to verify someone's fitness to work. Despite these federal policies, Colorado rules are far stricter than federal language, as Colorado CCR states that if unfitness is not obvious to the human services office, then verification may be required in the form of "a statement from a physician or licensed psychologist."[v] This language departs from federal rules by making the acceptable sources for medical statements much narrower. Minimizing verification requirements here is especially harmful because many low-income participants subject to the time limit may lack regular access to allowable health care professionals.[vi]
Our only suggestion with respect to this proposed rule change is to retain the clause in 10 CCR 4.310.3(C) that provides: "Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by government or private sources."[1] We do not believe it is the intention of this proposed rule to change the policy on applying an exemption to those who receive disability benefits. However, in the interest of administrative clarity, we urge the State to retain this provision that mirrors federal language.[vii]
· Align the E&T Exemption for Those Residing with a Minor with Federal Regulations
Federal regulations exempt those who reside in a household with a member under age 18,[viii] whereas Colorado rules are more restrictive in stating that one may only be exempt if they have "responsibility of a dependent child under the age of 18."[ix] The state language would not exempt those who should be under federal law, such as an older sibling residing in a house with a minor. It is important to align Colorado rule with requisite federal regulations. This rule change will ensure federal compliance and help reduce any potential confusion among counties and administrative law judges.
· Allow Counties to Elect to Operate a Voluntary E&T Program
Currently, Colorado operates a mandatory E&T program wherein all applicable participants who are not regularly employed or exempt must participate in the E&T program, or face sanctions from food assistance. Conversely, a majority of states elect to operate a voluntary E&T program where participants choose whether to participate in E&T activities. Voluntary programs have a myriad of evidence-based benefits:
1. They are less costly to administer compared to mandatory programs, which must create a program spot for every potential E&T participant. Instead, voluntary programs only create spots for engaged clients, thereby reducing the burden on counties to cover costs.
2. Employment outcomes for participants in voluntary programs are similar to mandatory programs. Only work-ready and engaged clients participate in voluntary programs, which improves the overall program delivery as research shows that participants who elect to engage in voluntary programs generally have better program outcomes than those forced to participate in mandatory systems.[x]
3. Clients who are not mentally or physically capable of work, or who face other obstacles to E&T participation such as a lack of transportation, but are not formally exempted by eligibility technicians can exempt themselves from the E&T program in a voluntary program. Thereby they would avoid potential food assistance program sanctions and reduce their risk of hunger.
The undersigned respectfully request that the Colorado State Board of Human Services vote to approve these necessary changes that would reduce the risk of hunger for some of Colorado's most at-risk residents, while simultaneously improving the integrity and delivery of our state E&T program. These changes will benefit thousands of low-income, at-risk Coloradans who suffer from very real barriers to employment, and for whom a lapse in necessary food assistance benefits would be extremely detrimental to their health and their ability to weather life's storms.
For more information regarding this letter, please contact:
Jack Regenbogen, Policy Associate at the Colorado Center on Law and Policy
Joël McClurg, Policy Director at Hunger Free Colorado
Organizational Signatures:
All Families Deserve a Chance Coalition (AFDC)
The Colorado Center on Law and Policy
Colorado Coalition for the Homeless
Hunger Free Colorado
[1] This section is contingent on whether CDHS can amend the current rule change to replace language re: verification of disability benefits prior to the rule hearing. CDHS has stated that removing the following language was an oversight, and they want it reincorporated into CCR.
[i] Silbermann, L (2015. November 19). Supplemental Nutrition Assistance Program – ABAWD Time Limit Policy and Program Access [Memorandum]. Washington, DC: United State Department of Agriculture
[ii] 7 C.F.R. §273.7(b)(1)(ii)
[iii] 7 C.F.R. §273.24 (c)(2)(iii)
[iv] Id.
[v] Colo. R. 4.4215.13
[vi] Devoe, Jennifer E., et al. "Insurance plus Access Does Not Equal Health Care: Typology of Barriers to Health Care Access for Low-Income Families." Annals of Family Medicine. 2007;5(6):511-518, (2007).
[vii] 7 C.F.R. §273.24 (c)(2)(i)
[viii] 7 C.F.R. §273.24 (c)(4) ("The time limit does not apply to an individual if he or she is […] residing in a household where a household member is under age 18, even if the household member who is under 18 is not himself eligible for food stamps.")
[ix] 10 CCR 4.310.2(C)(3) ("The limit of three (3) months in a thirty-six (36) month period shall not apply to individuals who are: A parent or other member of a household with responsibility for a dependent child under
the age of eighteen (18))
[x] Gassman-Pines, Anna, et al. "Maternal Education Preferences Moderate the Effects of Mandatory Employment and Education Programs on Child Positive and Problem Behaviors." Child Development. 2013;84(1):193-208, (2013).
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