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West Virginia Income Maintenance Manual Chapter 17

West Virginia Income Maintenance Manual Page 22 Chapter 17 Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T)

17.5 PROVIDER DETERMINATIONS A provider determination is a determination by a SNAP E&T provider that a SNAP E&T participant is not an appropriate candidate for the particular activity. A SNAP E&T provider has the sole responsibility and authority to make provider determinations. A SNAP E&T provider can make a provider determination at any time in which the participant is referred to the activity until the completion of the activity. SNAP E&T providers know best the skills and qualifications that will enable an individual to be successful in their programs. As such, providers have flexibility to establish the criteria used to make a provider determination. The provider may use any information available to the provider to make the determination. Within 10 days of making a provider determination the SNAP E&T provider must inform DOHS of the provider determination using the DFA-SNAP-E&T-PD form. If the provider is unable to provide the reason for the provider determination, DOHS must process the provider determination without a reason. A non-exempt ABAWD cannot accrue a countable ABAWD month toward their 3-month period during the same month as a SNAP E&T provider determination. The next countable month is the first full month following the provider determination, where the individual does not meet the ABAWD work requirement or is not otherwise exempt. DOHS worker responsibilities: • Within 10 days of receiving the DFA-SNAP-E&T-PD form, DOHS must inform the SNAP E&T participant they are under provider determination. • Explain to the SNAP E&T participant what a provider determination is and the next steps the agency will take. Document the provider determination in the case record. • Explain to SNAP E&T participants who are also non-exempt ABAWDs they cannot accrue a countable ABAWD month during the month they are under provider determination. • If no appropriate SNAP E&T activity is available, assess the SNAP client’s mental and physical fitness for employment. When appropriate grant exemptions for ABAWD. A supervisor or senior worker must make the final determination as to who is considered unfit for work. NOTE: The Division of Family Assistance has the oversight authority to ensure SNAP E&T providers are not making unfair provider determinations or using provider determinations to discriminate against protected classes.