Minnesota, USDA differ on scope of SNAP waiver as lawmaker raises fraud concerns

(The Center Square) – Minnesota is continuing to use a COVID-era waiver allowing SNAP applicants to provide verbal signatures by phone without an audio recording, but state and federal officials appear to disagree over how broadly the waiver applies.

The U.S. Department of Agriculture recently extended Minnesota’s waiver through June 30, 2028.

The Minnesota Department of Children, Youth and Families says the waiver is available to all households applying for, renewing or re-certifying SNAP benefits, while USDA says it applies to fewer than 10,000 applicant households, including elderly and tribal communities.

State Rep. Kristin Robbins, R-Maple Grove, chair of the Minnesota House Fraud Prevention and State Agency Oversight Policy Committee, wants answers about the waiver, its extension, and if there are safeguards in place to prevent fraud.

Robbins told The Center Square in an exclusive interview that she learned about the extension through a state agency email and was surprised the waiver remained in place.

“I think most Minnesotans would be shocked to realize that you can go through the SNAP eligibility process based on a phone call,” Robbins said. “And that the attestation is not even recorded, so that you can subsequently have record of it.”

The waiver allows counties and Tribal Nations to accept verbal signatures on SNAP applications, renewals and recertification forms without retaining an audio recording of the household’s attestations and agreements to the information provided. This is instead of physically signing the documents.

“It’s sort of a double whammy,” Robbins said. “[Both that] we’re using the telephonic signature at all, and then we’re not even keeping a recording of it.”

SNAP provides food assistance to more than 40 million Americans, including about 450,000 Minnesotans.

According to a Minnesota Department of Children, Youth and Families, the waiver allows “counties and Tribal Nations” to accept verbal signatures on SNAP applications, renewals and recertification forms without retaining an audio recording of the household’s attestations.

This information comes from a department news release shared with The Center Square by Robbins, but is also publicly available on the state department’s website.

“There is no 10,000-household limit or restriction to specific household types,” a department spokesperson told The Center Square. “Minnesota’s SNAP telephonic signature waiver is available to all households at application, renewal, and recertification.”

USDA, however, described the waiver differently.

“It allows the state to record telephonic signatures through means other than an audio recording for less than 10,000 applicant households including the elderly and tribal communities,” a USDA spokesperson said in an email to The Center Square.

When sent a follow-up question about the discrepancy between the federal and state descriptions of the waiver, USDA did not respond.

The USDA said the extension is subject to ongoing review and contingent on Minnesota complying with the waiver’s conditions. The department also praised Robbins’ efforts to examine the waiver while criticizing Minnesota Gov. Tim Walz, a Democrat.

“The Department appreciates Representative Robbins’ work to combat fraud, waste, and abuse in food stamps, and is happy to find ways to partner to ensure the Minnesota Department of Children, Youth, and Families executes Federal nutrition assistance with integrity,” a USDA spokesperson said. “Unlike Governor Walz, who for over 365 days, has refused to share food stamp data, instead protecting criminals and other bad actors.”

The state says the waiver is intended to reduce administrative burdens and delays in processing benefits.

“This waiver allows office support staff and eligibility workers across the state to accept a verbal signature on SNAP applications, renewals and recertification forms without requiring an audio recording of the household’s attestations and agreements to the information provided,” it said. “Utilizing the waiver reduces administrative burden, minimizes delays, and provides opportunity for quicker eligibility determinations and benefit issuance.”

Robbins questioned whether those administrative benefits outweigh the potential difficulty of auditing an application when there is no recording of the applicant’s verbal attestation.

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“If there’s a future question of who actually called in, how it works, verifying the voice or the address or anything if there’s a dispute, we have no record of it,” Robbins said.

Robbins has asked the Minnesota Department of Children, Youth and Families to provide information on the state’s use of the waiver and the safeguards in place since Minnesota began accepting unrecorded verbal signatures for SNAP applications.

She also wrote to USDA Secretary Brooke Rollins and Inspector General John Walk, asking the USDA Office of Inspector General to consider a comprehensive review of the waiver and other SNAP waivers.

“In Minnesota, we have a responsibility to review all the waivers we’ve been asking for and make sure they still make sense, and our federal partners should do the same,” Robbins said. “This is not a partisan thing. We need to have people reviewing these waivers, making sure they make sense, and making sure that there are ways to audit them. And, if that's not happening, we probably need to stop a lot of these waivers.”

The telephonic signature waiver was initially implemented during the COVID-19 pandemic, when government agencies adopted ‘temporary’ changes intended to allow benefits and other services to continue while limiting in-person interactions.

Robbins questioned why Minnesota continues to seek extensions after the federal public health emergency ended.

“I think we should go back to the way it was pre-COVID,” Robbins said. “We want to have people who are eligible get the benefits. That’s the whole point. But we also want to make sure that people getting the benefits are actually eligible, and that there’s a way to audit that.”

She said the state could consider exceptions for people who are medically unable to provide a traditional signature, but questioned whether the accommodation should remain the standard process for SNAP applicants.

“To just have this blanket waiver is something I don’t think Minnesotans would support,” she said. “Taking away the required actual signature, and taking away then the requirement for recording the verbal attestation just seems like we are opening ourselves up to fraud . . . And we should close that loophole immediately.”

Robbins said she does not know why Minnesota has continued requesting the waiver, which prompted her to seek information from state and federal officials about how frequently the process is used and why it remains necessary.

“I do think we want to ensure that people who are eligible have access, but that doesn’t mean that there’s no verification of their eligibility,” Robbins said. “Given the history of Minnesota with fraud problems, this seems like a very obvious vector for potential fraud, and we should be tightening it up, not extending it.”

Her concerns come as federal officials have increased scrutiny amid reports of widespread fraud in Minnesota’s taxpayer-funded public assistance programs.

Robbins said she has worked with USDA Inspector General John Walk, who has investigated SNAP fraud in Minnesota, including cases involving the trafficking of SNAP benefits. She questioned whether federal officials responsible for administering the waiver were aware of concerns about its continued use.

“My guess is, at the leadership level, like Inspector General Walk, they probably weren’t aware of it,” Robbins said. “A lot of these waivers probably go through the administrative civil service employees.”

Robbins said she hopes bringing the waiver to the attention of federal officials will prompt a broader review, not only of Minnesota’s SNAP waiver but of many other waivers that also remain in place.

“All of these waivers that were imposed, or given out during the COVID years, should be reexamined because the COVID emergency has been over for at least three years technically, and we should be going back to business as it was before,” she said. “We don’t want to leave open these factors for fraud that were done under this emergency situation.”

Robbins said the goal of providing benefits to eligible Minnesotans should be balanced with safeguards that allow applications to be verified and audited.

“We want to have people who are eligible get the benefits. That’s the whole point,” Robbins said. “But we also want to make sure that people getting the benefits are actually eligible, and that there’s a way to audit that.”

Even outside of Minnesota’s legislative session, Robbins said she will continue pressing state and federal officials on fraud safeguards.

“I want Minnesota to know I’m paying attention and I am fighting to shut down fraud, even though we’re not in session.”