WSR 97-05-070

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services)

(Public Assistance)

[Filed February 19, 1997, 11:04 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-46-120 and 388-46-110, fraud disqualification periods.

Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance to needy families impose a ten-year disqualification period for persons convicted of fraudulently misrepresenting residence in order to obtain assistance in two or more states. To comply with state law to add TANF applicants and recipients to those persons who can be disqualified if convicted of unlawful practices.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.055.

Statute Being Implemented: Public Law 104-193, Section 103 (a)(1), RCW 74.08.290.

Summary: Federal rules for the temporary assistance for needy families (TANF) cash assistance program require that TANF impose a ten-year disqualification period for persons convicted of fraudulently misrepresenting residence in order to obtain assistance in two or more states. State law requires a disqualification period for TANF applicants and recipients who have been convicted of unlawful practices.

Reasons Supporting Proposal: To qualify for federal funding under the TANF program and to comply with state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Virginia Paynter, Division of Income Assistance, (360) 413-3098.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, Public Law 104-193, Section 103 (a)(1) and RCW 74.08.029.

Explanation of Rule, its Purpose, and Anticipated Effects: To comply with the federal requirement in Public Law 104-193, Section 103 (a)(1) that temporary assistance to needy families program impose a ten-year disqualification period for persons convicted of fraudulently misrepresenting residence in order to obtain assistance in two or more states. To comply with state law to add TANF applicants and recipients to those persons who can be disqualified if convicted of unlawful practices.

Proposal Changes the Following Existing Rules: Persons who are convicted of fraudulently misrepresenting residence in order to obtain assistance in two or more states will have a ten-year disqualification period. Both general assistance persons and persons receiving TANF can be disqualified for being convicted of unlawful purposes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses. It only affects applicants and recipients of temporary assistance to needy families.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Section 201 (RCW 34.05.328) does not apply to the Department of Social and Health Services.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104A, Lacey, WA 98503, on March 25, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Merry A. Kogut by March 11, 1997, (360) 902-8317, or TTY (360) 902-8324.

Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by March 25, 1997.

Date of Intended Adoption: No sooner than March 26, 1997.

February 19, 1997

Leslie Baldwin

for Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3892, filed 9/6/95, effective 10/7/95)

WAC 388-46-110 Disqualification period for recipients convicted of unlawfully obtaining assistance. (1) An applicant or recipient who has been convicted of unlawful practices in obtaining temporary assistance to needy families (TANF) or general assistance ((shall)) will be disqualified from receiving further TANF or general assistance benefits.

(2) For general assistance, the disqualification ((shall)) will apply only to convictions based on actions which occurred on or after July 23, 1995. For TANF, the disqualification will apply only to convictions based on actions which occurred on or after May 1, 1997.

(3) The length of the disqualification shall be for a period to be determined by the court, but in no even less than six months upon the first conviction and no less than twelve months for a second or subsequent violation.

(4) The disqualification applies only to the person convicted of unlawful practices.

(5) The disqualification period begins on the date the individual is convicted in state court of unlawful practices related to obtaining assistance.

(6) The department shall terminate benefits to a recipient disqualified under this section following notice requirements specified under chapter 388-245 WAC. The department shall deny benefits to an applicant according to chapter 388-215 WAC for the duration of the disqualification period.

[Statutory Authority: RCW 74.08.331, 74.08.290 and 1995 c 379. 95-19-003 (Order 3892), 388-46-110, filed 9/6/95, effective 10/7/95.]

NEW SECTION

WAC 388-46-120 Disqualification period for temporary assistance to needy families (TANF) applicants or recipients convicted of misrepresenting residence to obtain assistance in two or more states. (1) An applicant or recipient of TANF will be disqualified from receiving further benefits under TANF if the individual is convicted in federal or state court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states.

(2) For the purposes of determining the disqualification of an applicant or recipient under subsection (1) of this section, assistance is defined as receipt of benefits funded by the following:

(a) TANF and any other benefit authorized by Title IV-A of the Social Security Act;

(b) Any benefit authorized by The Food Stamp Act of 1997;

(c) Any benefit authorized by Title XIX, Medicaid; and

(d) Supplemental Security Income benefits authorized by Title XVI.

(3) The disqualification will apply only to convictions based on actions which occur on or after May 1, 1997.

(4) The length of the disqualification is ten years or the period determined by the court under WAC 388-46-110, whichever is longer.

(5) The disqualification applies only to the person convicted of fraud in a federal or state court.

(6) The disqualification period begins on the date the individual is convicted of having made fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two states.

(7) The provisions of subsections (1) through (6) of this section do not apply to the conviction of an individual when the President of the United States has granted a pardon with respect to the conduct which was the subject of the conviction. The disregard of the provisions because of a pardon is effective the date the pardon is granted and continues for each month thereafter.

[]

Legislature Code Reviser

Register

Washington State Code Reviser's Office