AUGUSTA, Maine - The federal government is warning Maine's Department of Health and Human Services to take corrective action and make clear that a new state policy to put photos on Electronic Benefit Cards is voluntary or it will cut off funding for the program.
In a letter to DHHS Commissioner Mary Mayhew, the regional administrator for the Food and Nutrition Service said recent interviews with Maine stakeholders and DHHS staff indicated that the program is a requirement for most clients of the Supplemental and Nutrition Program known as SNAP.
Kurt Messner pointed to signage in DHHS offices that implies state law "requires" photos. If clients refuse, Messner writes that clerks must document the refusal and notify local office directors who send client names, case numbers and reasons for denial to the central office weekly.
"There is no program requirement to maintain such records," Messner said. "If the program is optional, there should be no reason to gather case sensitive, client-specific data."
In response, Commissioner Mayhew released a written statement saying: "The feds’ objective in coming to Maine was nothing more than an attempt to undermine our ongoing efforts to reduce fraud, waste, and abuse in welfare programs. Federal bureaucrats are out of touch with the wishes of Mainers who are crying out for integrity in our welfare system."
Mayhew went on to say that the department will be responding to the five-page letter point-by-point to set the record straight on the state’s photo EBT initiative, which she describes as an "optional measure designed to add an extra layer of accountability to EBT cards that are often traded for drugs, cash, or other items."
Director Messner says there are significant civil rights concerns about the state's practice, which he says appear to violate Title VI of the Civil Rights Act of 1964. The FNS had previously advised the state of its concern about the potential chilling effect the policy could have on ineligible household members applying for assistance on behalf of eligible household members, including children.
"Any individual who applies for SNAP on behalf of eligible household members must be able to access the program without fear," Messner said.
The state is being given 45 days to make corrections to the program and allay the federal government's concerns. Commissioner Mayhew says since implementation of the photo EBT policy, 21,000 EBT users have elected to include their photo on their new EBT cards, while only 100 have declined.
