Residents of Sober Houses and Client Access to SNAP EBT Card/Benefits

We have recently learned of an issue regarding possible unauthorized use of recipient EBT cards by a third party (i.e. staff or house managers) at "sober houses" in Massachusetts. A sober house is like a group home or congregate living situation that may serve as transitional housing for childless individuals who have substance abuse histories. Individuals may be referred to these houses by courts or probation officers or move into them after leaving DPH detox or licensed alcohol or drug treatment facilities. The sober houses are generally not licensed or regulated by the Massachusetts Department of Public Health (for which special SNAP rules do apply).

We have specifically heard of one situation where the manager of the sober home allegedly stipulated that all residents/clients receiving SNAP hand over their EBT cards and PIN numbers as a part of the rental agreement. The manager does not have signed "authorized rep" status from the SNAP recipients. But even if he or she did, it is not clear what control the SNAP recipient would otherwise have had over the food provided or amount of SNAP benefits snarfed from the card. This is especially troubling where the individual may not actually eat all three meals at the sober house (many residents leave during the day and attend day programs or work, or the sober house actually closes down during the daytime). Since sober houses are not regulated by the state it's difficult to know if this violation of the regulations exists in other sober houses across the state.

We wanted to alert the Food SNAP Coalition to this issue, ask if you are seeing similar problems and highlight when SNAP benefits can legally be used by a third party (in accordance with state and federal regulations). Federal law prohibits the use of a recipient's EBT card to access SNAP benefits by anyone other than a member of the recipient's SNAP household or an authorized representative voluntarily selected by the household. More specifically, under the following three circumstances:
1. If a third party (i.e. another person or a licensed group home facility) has been explicitly and voluntarily designated by the recipient as their Authorized Representative to receive an EBT card and make food purchases.

2. If the SNAP recipient is a resident of a drug or alcohol treatment center, licensed by the Mass. Department of Public Health, then they are required to authorize the treatment center to receive his or her SNAP benefits while in residence.

3. If a recipient living in a DMH/DDS group home is found (based on an individualized determination of disability) to be incapable of managing their own benefits, then they may be required to have an authorized representative apply for and/or transact their EBT benefits. Otherwise, this too should be a voluntary authorization that may be revoked by the SNAP recipient at any time.

Attached is an informational flyer, in both English and Spanish for clients.

Please alert MLRI to to any problems that you have encountered with these types of situations and if you find inappropriate use of SNAP EBT cards/benefits. You can contact me, Vicky Negus at vnegus@mlri.org or Pat Baker at pbaker@mlri.org  We will also discuss this issue at next weeks SNAP Coalition meeting.