New FNS Toolkit Clarifies State Use of Nonmerit Personnel Under SNAP
The Department of Agriculture Food and Nutrition Service (FNS) recently issued a toolkit that aims to clarify policy related to the use of nonmerit personnel, such a private contractors, for services related to the administration of Supplemental Assistance for Needy Families (SNAP) benefits.
The toolkit elaborates on FNS’s 2020 memorandum, Revised Guidance for Use of Vendor/Private Staff in Call Centers: 2020 Update, and clarifies how states may use nonmerit personnel and the approval and major change reporting requirements for states seeking to use nonmerit personnel when administering SNAP.
Federal statutes require states to use employees hired under a merit system of personnel administration to conduct specific SNAP certification functions. However, nonmerit personnel may be used for other related functions.
“The toolkit is meant to improve states’ understanding of the possibilities and requirements of using nonmerit personnel and expedite state deliberations on employing nonmerit personnel relative to other strategies they are considering,” according to the agency. “This toolkit addresses the principles and rationale behind the SNAP limitations on the use of nonmerit personnel; provides explanations and examples of activities FNS can approve; and outlines the process for obtaining such approval.”
The toolkit clarifies which functions nonmerit personnel can perform, regardless of whether they are employed in a call center or other office involved in program operations. It addresses: (1) functions that do not require FNS approval, but do require notification pursuant to major change requirements (e.g., document scanning, data matching without household contact); (2) functions that do require both prior FNS approval and notification pursuant to major change requirements (e.g., pursuing missing information, providing verification guidance); and (3) functions for merit personnel only (e.g., interviewing, determining eligibility).
This toolkit also clarifies the approval and major change reporting requirements for implementing changes involving the use of nonmerit personnel in accordance with statutory and regulatory requirements. Depending on which functions a state plans for nonmerit personnel to perform, multiple approval and reporting requirements may be applicable. The toolkit identifies when states planning to the use nonmerit personnel are required to: (1) request prior approval from FNS to receive federal reimbursement; (2) notify FNS pursuant to major change requirements; and (3) report the use of nonmerit personnel in a state call center through the annual state plan of operations.
The toolkit stresses that while the receipt of an FNS acknowledgement of a report of a major change in program design is not a requirement prior to implementation, states are strongly advised to await FNS acknowledgement first. States implementing a major change without receiving such acknowledgement may be required to reverse the change and risk suspension or disallowance of federal funds if it is determined the change does not comply with statute or regulation. In addition, states seeking to use nonmerit staff for functions not mentioned in the toolkit should contact FNS to determine whether the intended use is compliant, requires FNS approval and/or meets reporting requirements pursuant to major change requirements.
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