HOUSE BILL REPORT

ESSB 6624

BYSenate Committee on Ways & Means (originally sponsored by Senators McDonald and Stratton; by request of Office of Financial Management)

Changing provisions relating to the family independence program.

BACKGROUND:

Current law states that all persons with dependent children who apply for public assistance whose income, assets and resources do not exceed eligibility limits are entitled to enroll in and receive any enhanced income and medical benefits wherever the Family Independence Program (FIP) is implemented.  Subject to the availability of funds, the department may authorize benefits for additional categories of public assistance clients.  No statutory provision exists which permits the department to restrict the availability of enhanced program benefits by slowing or halting new enrollment in the event that projected operating costs exceed budget appropriations.  Concern has been expressed by the administration that it lacks the necessary tools to control caseload and expenditure growth attributed to the availability of the Family Independence Program in 15 community social service areas statewide.

The FIP Executive Committee is the administrative body charged by the Legislature with program oversight.  After consulting with advisory boards, the FIP Executive Committee may authorize select program changes as deemed necessary to manage within existing resources.  Current powers include:

(1) The authority to revise the level and type of enhanced program benefits, including cash incentives available for training, education or employment participants provided that no recipient receives less financial assistance than would otherwise be available under the federal Aid to Families with Dependent Children (AFDC) Program and Food Stamp Program;

(2) The authority to allow (or disallow) cash incentives paid to participants attending higher education or vocational institutions;

(3) The authority to establish rules for the treatment of earned and unearned income provided such regulations do not violate federal and state resource exclusions as outlined in federal code or state statute;

(4) The authority to condition enhanced program benefits upon mandatory participation by select clients as prescribed in statute and to impose administrative sanctions thereto;

(5) The authority to establish conditions under which child care and other related social services will be provided;

(6) The authority to establish copayment requirements for non-cash benefits;

(7) The authority to establish the frequency and method for redetermining eligibility.

SUMMARY:

Legislative intent is clarified.  The Family Independence Program (FIP) is a demonstration project subject to periodic review and modification by the FIP Executive Committee as necessary to further state policy and to manage the program within available funds.

Treatment sites are defined.  Treatment sites are those five community social service delivery areas selected by the federal government for data collection to draw program and fiscal comparisons between the federal Aid to Families with Dependent Children (AFDC) and welfare reform provisions of the Family Independence Program.

The participation of caretaker relatives in the Family Independence Program is restricted.  Caretaker relatives are those guardians whose personal resources and earnings disqualify them for AFDC benefits.  Such relatives may, under federal law, receive income assistance grants but only in recognition of qualifying dependent children in their household.  Caretaker relatives who reside in a community where FIP is offered are classified as AFDC rather than FIP.

The FIP Executive Committee's powers are modified to include:

(1) The authority to periodically review administrative data and evaluation reports;

(2) The authority to modify program operations as long as changes do not conflict with prior agreements reached between state and federal governments. 

(3) The authority to periodically stop enrollments in family independence program sites, except for the five treatment sites, until such time as sufficient funds become available to reopen enrollments;

(4) The authority to prescribe rules by which conversion to FIP from AFDC is allowed;

(5) The authority to transfer cases from the Family Independence Program to the Aid to Families with Dependent Children Program when only the children are eligible for benefits because they reside with a caretaker relative who is not also eligible for income assistance.

FIP enrollees who are employed on a fulltime basis and whose earnings are less than 135 percent of the benchmark standard are reassessed to determine if current employment is likely to move the family into noncash benefit status within one year.  These suspended cases lose enhanced FIP benefits after one year unless a new self-sufficiency plan is developed and progress towards revised goals commence.  In the event that nothing changes, termination of FIP benefits after one year may not result in less financial assistance than the family is entitled to under AFDC.

The Executive Committee shall consult with the Legislative Budget Committee before implementing program modifications. 

State amendments accomplished by this act which later prove to be a violation of federal and state agreements shall not be implemented.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.