Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - CHILD AND ADULT CARE FOOD PROGRAM POLICY MANUAL NONDISCRIMINATION NOTICE › Section 148-1-III - APPLICATION AND ADMINISTRATION OF THE CHILD AND ADULT CARE FOOD PROGRAM › Subsection 148-1-III-G - PRICING ORGANIZATIONS

Current through 2024-29, July 17, 2024
1. PURPOSE:
To establish guidelines for any organization participating
					 in the Child and Adult Care Food Program as a "Pricing Organization".
2. STANDARDS:
1. An adult day care center, a child day care
				  center, an outside-school-hours center, or an organization operating such, and
				  participating in the C.A.C.F.P. may declare itself to be a "Pricing
				  Organization" and thereby charge a separate and identifiable price for
				  breakfasts, lunches, suppers and supplements served to any adult or child
				  enrolled in its centers whose family size, income and provision of Social
				  Security number information places that person in either the "Reduced-price" or
				  "Paid" reimbursement category. Pricing organizations shall also meet the
				  standards in Section III, Subsection D, or Subsection F as
				  appropriate.
2. Child day care
				  homes and their sponsors shall not assess a separate and identifiable charge
				  for any meal or supplement served to a child enrolled in the program.
3. Adult day care centers, child day care
				  centers and outside-school-hours care centers receiving Federal and State funds
				  for the provision of day care or head start shall not be eligible to
				  participate as pricing organizations if Federal and/or State restrictions
				  placed on such funds would prohibit that participation.
4. Centers shall not charge a separate fee
				  for meals served to enrolled children or adults who meet the eligibility
				  guidelines for meals/supplements in the "Free" category.
a. Pricing organizations serving children
				  shall verify the categorical eligibility of a child listed as a member of a
				  food stamp family or an AFDC assistance unit. Verification shall consist of a
				  current "Notice of Eligibility". for Food Stamp benefits, or equivalent
				  documentation for a Food Stamp Household. An AFDC assistance unit may show an
				  AFDC check stub, or a Medicaid card showing the applicant child's name as a
				  member of the AFDC assistance unit. Categorically eligible children shall be
				  enrolled in the "Free" category. A Food Stamp, AFDC, or Medicaid identification
				  card is not acceptable unless it contains an expiration date and is currently
				  valid.
b. Verification that an
				  adult day care participant is a member of a Food Stamp household shall consist
				  of a current "Notice of Eligibility" for Food Stamp benefits, or equivalent
				  documentation, issued by a Food Stamp or Welfare Office which shows that the
				  adult applicant is a member of a household currently certified to participate
				  in the Food Stamp Program. A Food Stamp identification card is not acceptable
				  unless it contains an expiration date and is currently valid.
c. Verification that an adult day care
				  participant is a SSI or Medicaid recipient shall consist of official
				  documentation issued by an appropriate SSI or Medicaid office which shows that
				  the adult participant currently receives SSI or Medicaid assistance. A SSI or
				  Medicaid identification card is not acceptable as verification unless it
				  contains an expiration date and is currently valid.
5. An organization electing to participate in
				  the C.A.C.F.P. as a pricing organization shall be required to report each month
				  and be reimbursed for the actual number of meals served daily to participants
				  from families meeting the family size and income standards for "Free" meals; to
				  participants from families meeting the family size and income standards for
				  "Reduced-price" meals; and to participants from families not meeting either
				  guideline "Paid" meals.
6. An
				  organization shall apply to the Bureau for approval to participate in the
				  C.A.C.F.P. as a pricing organization. An organization shall submit a written
				  policy statement, at the time of application,, stating its intention to
				  uniformly charge a separate fee for participants enrolled in the
				  "Reduced-price" and "Paid" categories in all adult day care or child day care
				  centers under its jurisdiction. The policy statement shall include:
a. A statement that the organization will
				  determine eligibility for "Free" and "Reduced-price" meals using the family
				  size and income guidelines shown in Appendix 2;
b. A description of the method or methods to
				  be used to assure applications are accepted from households on behalf of
				  children who are members of A.F.D.C. assistance units or for Food Stamp
				  households or, for adult day care center participants who are members of a Food
				  Stamp household or who are S.S.I. or Medicaid participants.
c. A description of the method or methods to
				  be used to collect payments from those participants paying the full or
				  reduced-price of the meal which will protect the anonymity of the participants
				  receiving "Free" or "Reduced-Price" meals;
d. An assurance that there will be no overt
				  identification of "Free" and "Reduced-Price" meal recipients and no
				  discrimination against any person on the basis of race, color, national
				  origins, sex, age or handicap; and
e. An assurance that separate charges for a
				  "Reduced-price" lunch or supper will not exceed 40 cents, that the charge for a
				  "Reduced-price" breakfast will not exceed 30 cents, and that the charge for a
				  "Reduced-price" supplement will not exceed 15 cents.
7. A Pricing Organization shall establish a
				  hearing procedure for use when benefits are denied or terminated as a result of
				  verification. It shall contain:
a. A simple,
				  publicly announced method for an individual or a family to make an oral or
				  written request for a hearing;
b. A
				  provision that households which have been approved for benefits and which are
				  subject to a reduction or termination of benefits later in the same year shall
				  receive continued benefits if they appeal the adverse action within 10 days of
				  receipt of the notification;
c. An
				  opportunity for the individual or family to be assisted or represented by an
				  attorney or other person, in presenting its appeal;
d. An opportunity to examine, prior to and
				  during the hearings the documents and records presented to support the decision
				  under appeal;
e. A provision that
				  the hearing shall be held with reasonable promptness and convenience to the
				  individual or family and that adequate notice shall be given to the individual
				  or family as to the time and place of the hearing;
f. An opportunity for the individual or
				  family to present oral or documentary evidence and arguments supporting its
				  position;
g. An opportunity for the
				  individual or family to question or refute any testimony or other evidence and
				  to confront and cross-examine any adverse witness;
h. A provision requiring the organization to
				  notify the appellant, in writing, of the date and time of the hearing and the
				  name of the hearing officer.
i. A
				  provision that the determination of the hearing official shall be based on the
				  oral and documentary evidence presented at the hearing and made a part of that
				  hearing record;
j. A provision that
				  the individual or family and any designated representatives shall be notified
				  in writing of the decision of the hearing official;
k. A provision that a written record shall be
				  prepared with respect to' each hearing, which shall include the decision under
				  appeal, any documentary evidence and a summary of any oral testimony presented
				  at the hearing,, the decision of the hearing official.. including the reasons
				  therefore and a copy of the notification to the individual or family of the
				  decision of the hearing official; and
l. A provision that such written record of
				  each hearing shall be preserved for a period of three years and shall be
				  available for examination by the family or its representatives at any
				  reasonable time and place during such period.
8. The Fair Hearing officer shall be an
				  independent and impartial official who is not accountable to the decision
				  making authority.