Public Notice - Child and Adult Care Meal Pattern During Novel Coronavirus Outbreaks Waiver Request
In accordance with the United States Department of Agriculture (USDA) Food Nutrition Services policy memorandum, SP 08-2020, SFSP 04-2020 Child Nutrition Program Meal Service during Novel Coronavirus Outbreaks, March 6, 2020, the Tennessee Department of Human Services (DHS) is seeking a waiver of statutory and/or regulatory Program requirements that were identified in this memo.
In an effort to support Sponsors and Institutions participating in the Child and Adult Care Food Program (CACFP), a waiver request will be submitted to the USDA FNS Southeast Regional Office (SERO) to allow meals to be claimed for reimbursement that are served without all required meal components. This request is being sought due to the lack of availability of some food and milk due to the community response to COVID-19.
1. State agency submitting waiver request and responsible State agency staff contact information:
Tennessee Department of Human Services
Allette Vayda, Director of Operations- Food Programs
James K. Polk Building, 15th Floor
505 Deaderick Street, Nashville, TN 37243
615-313-3769
Allette.Vayda@tn.gov
2. Region:
South East Region
3. Eligible service providers participating in waiver and affirmation that they are in good standing:
This waiver request applies to all Child and Adult Care (CACFP) Sponsors and Institutions approved to operate CACFP and are in good standing.
4. Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]:
COVID-19 has impacted communities across TN. Local grocery stores, dollar stores and box stores are unable to keep milk, bread and other frequently utilized food products stocked and available to the community. TN DHS is requesting a waiver of the CACFP meal pattern requirements in communities effected by the community response to COVID-19. The overall goal for the request is to maintain the availability of reimbursable meals served when all meal pattern requirements are not available due to the community response to COVID-19.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
TN is requesting to waive program regulations at 7 CFR 226.20, which requires that to be eligible for reimbursement a meal must include all meal pattern requirements. Given the lack of availability of many food products, TN is requesting that meals that are missing multiple components (two or more) still be eligible for reimbursement as long as they provide sufficient sustenance to the participating individuals.
6. Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
TN DHS does not anticipate any required Program operational changes, including those affecting technology, State systems and monitoring.
TN DHS will require approved program Sponsors and Institutions to submit accurate documentation showing menus that detail what food components were served to program participants. Additionally, TN DHS will require approved program Sponsors and Institutions document what meal components were unavailable and what steps they took to procure the missing items.
If the waiver is not approved, TN DHS will continue its normal process of ensuring meals meet all meal pattern requirements. However, If the waiver is not granted, there would be a reduction in the number of reimbursable meals served in communities effected by the COVID-19 community response.
TN DHS will continue to conduct program monitoring in accordance with 7 CFR 226 .6(m) throughout the implementation period of the waiver.
7. Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]:
TN DHS is not anticipating any regulatory barriers at the State level.
8. Anticipated challenges State or eligible service providers may face with the waiver implementation:
TN DHS will assist Sponsors and Institutions with providing nutritious meals when all meal pattern requirements are unavailable.
9. Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]:
The SA does not anticipate any this waiver increasing the overall cost of the Program to the Federal Government.
10. Anticipated waiver implementation date and time period:
Requested Start Date: upon approval
Requested End Date: June 20, 2020, or upon expiration of the federally declared public health emergency, whichever is earlier
11. Proposed monitoring and review procedures:
TN DHS will follow the review procedures in accordance with 7 CFP 226.6(m). TN DHS will provide training and technical assistance to sponsors in need of additional guidance on nutrition and serving nutritious meals.
TN DHS will ensure CACFP application procedures are in accordance with USDA regulations and ensure sponsors submit adequate documents to support site eligibility. Approved CACFP sites and meal times will be listed in the CACFP application system.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
The SA will provide to FNS a list of all approved CACFP Sponsors and sites participating in the waiver by December 31st or as requested by FNS. The SA will provide to FNS the number of meal consumed at sites not providing education or enrichment activities and participating in the waiver by December 31st or as requested by FNS