WSR 97-13-091

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed June 18, 1997, 10:48 a.m.]

Date of Adoption: June 12, 1997.

Purpose: This WAC establishes the conditions under which the Department of Social and Health Services may pay contracted protective payee vendors.

Citation of Existing Rules Affected by this Order: Amending WAC 388-265-1750 Protective payee fees.

Statutory Authority for Adoption: RCW 74.08.090, 74.08.280.

Adopted under notice filed as WSR 97-10-039 on April 30, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

June 12, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3858, filed 5/24/95, effective 6/24/95 WAC 388-265-1750 Protective payee fees. (1) The department may authorize a fee to cover approved administrative costs of the protective payee under the following conditions:

(a) The person serving as protective payee is not a ((friend, relative, or)) department employee; and

(b) The client is eligible for:

(i) GA-U;

(ii) ((AFDC)) TANF when the department has determined a client is unable to manage the client's assistance funds; ((or))

(iii) TANF when the department has determined a client is under sanction due to failure, without good cause, to participate in the jobs opportunity and basic skills training (JOBS) program; or

(iv) GA or ((AFDC)) TANF and is a pregnant or parenting minor, and protective payment established under RCW 74.04.0052 or RCW 71.12.255.

(2) The department shall not allow the protective payee to withhold money from the client's grant for payment of the protective payee's costs or services.

(3) "Administrative costs fee" means a fixed amount per assistance recipient, as set forth in the contract between the protective payee and the department.

[Statutory Authority: RCW 74.08.090, 1994 c 299 33, RCW 74.08.280 and 74.50.060(2). 95-11-119 (Order 3858), 388-265-1750, filed 5/24/95, effective 6/24/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-265-1750, filed 5/3/94, effective 6/3/94. Formerly WAC 388-33-455 (part).]

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