10-144 C.M.R. Ch. 301; Supplemental Nutrition Assistance Program (SNAP) Rules; Section 777-4; SNAP Rule #235P - Procedures for Replacing Benefits Stolen Electronically

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The Continuing Appropriations and Extensions Act, 2025, Public Law 118-83, Division B, Title I § 105, EBT Benefit Fraud Prevention Requirements will expire December 20, 2024. The Department proposes to update Section 777-4 of the Supplemental Nutrition Assistance Program (SNAP) Rules consistent with the end of the federal authorization for replacement of EBT benefits stolen through card skimming, card cloning, or similar fraudulent methods. The proposed rule change would limit the replacement of electronically stolen SNAP benefits to periods that such replacement is federally authorized.

The proposed rule would update Section 777-4, Administration Procedures Replacement of Benefits as follows:

  • (1)(A) “Beginning December 20, 2024, the Department will only replace benefits pursuant to the process in Section 777-4(3)(B)-(F), as described below, if the replacement of benefits is federally authorized. If replacement of benefits lacks federal authorization, the Department will also suspend replacement of state funded benefits for the same period. If replacement of benefits is suspended due to a lack of federal authorization, the Department shall promptly notify a claimant of the suspension upon receiving an Electronically Stolen Benefits Application (EBSA) and deny that request.
  • (3) “Benefits used unlawfully for non-household members can only be replaced when the benefits were accessed as a result of card skimming, card cloning, phishing or other electronic acquisition of the EBT card number and PIN.”

The proposed rule changes are consistent with the expiration of the Continuing Appropriations and Extensions Act, 2025, P.L. 118-83, Division B, Title I § 105. Should the federal authority be extended or reimplemented prior to the adoption of this rule, the timeframes articulated therein will be adjusted accordingly.

TYPE OF RULE (check one):     X Routine Technical        ___ Major Substantive

STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1) and (8)(C); 3104

PUBLIC HEARING: No public hearing is scheduled.

COMMENT DEADLINE: Friday, November 15, 2024, at 5:00 p.m. Eastern Time.

Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.

AGENCY CONTACT PERSON:

Michael Downs, Senior Program Manager - SNAP

Department of Health and Human Services

Office for Family Independence

109 Capitol Street

Augusta, ME 04330-6841

Phone: (207) 624-4135/Fax: (207) 287-3455

TT Users Call Maine Relay – 711

Michael.E.Downs@Maine.gov

Proposed

Office: Office for Family Independence

Routine technical

Email: Michael.E.Downs@maine.gov

Meeting location:

No public hearing is scheduled. 

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