WSR 04-02-047



(Economic Services Administration)

[ Filed January 5, 2004, 4:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-20-055.

Title of Rule: Chapter 388-290 WAC, Working connections child care (WCCC).

Purpose: The intent of this filing is to clarify existing rules and create new rules concerning eligibility for WCCC. We intend for WCCC consumers to better understand the eligibility process.

The proposed rules will also make permanent two emergency rule filings. Emergency filings, WSR 03-06-045, 03-14-061 and 03-22-005, repealing WAC 388-290-0210 and amending WAC 388-290-0075, 388-290-0085, and 388-290-0190 have been in effect since March 1, 2003. Emergency filings, WSR 03-12-026 and 03-20-050, amending WAC 388-290-0130 have been in effect since June 2, 2003.

Statutory Authority for Adoption: RCW 74.04.050 and 74.12.340.

Statute Being Implemented: RCW 74.13.085, 74.12.340, and chapter 25, Laws of 2003 1st sp.s.

Summary: To clarify and change WCCC rules and add new rules. The rules will have an impact on the following areas: Consumer eligibility, qualified providers clients must use to remain eligible, rates, copayments, client responsibilities, and reapplication procedures.

Reasons Supporting Proposal: The proposed rules will help the department address budget issues and the health and safety of children.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Lind, Division of Child Care and Early Learning, (360) 413-3032.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose, Summary, and Reasons Supporting Proposal above.

The changes in chapter 388-290 WAC will clarify for consumers what income and activities they need to meet in order to become eligible for WCCC. The changes also address family compositions more completely in relation to the second parent activity and eligibility.

Other changes relate to an increase in consumer copayments, removal of some payments for WCCC services, detailed explanation of payments for children with special needs care, and in-home/relative care requirements. These changes should assist in budget issues and assist in determining correct payment and qualified providers' clients must use to remain eligible for WCCC.

Some WAC were separated into two or more new WAC for clarity, such as "rights and responsibilities for consumers" was separated from one to two sections. New WAC are added to assist workers and consumers understand the process more fully, such as, what do consumers verify and what happens when a denial letter is sent.

Proposal Changes the Following Existing Rules: Changes were made in consumer eligibility (activities and income), copayments, payments for WCCC services in-home/relative eligibility, consumer rights and responsibilities, overpayments and the definition of family size.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose more than minor costs to small business.

RCW 34.05.328 does not apply to this rule adoption. Proposed WAC 388-290-0005 through 388-290-0125, 388-290-255, 388-290-270 and 388-290-271 relate to client financial eligibility for WCCC services, and are exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii), which states in part: "This section does not apply to... rules of the department of social and health services relating to client medical and financial eligibility."

Proposed WAC 388-290-0130 through 388-290-0247 and 388-290-273 do not meet the definition of significant legislative rules. Proposed rules clarify existing background check requirements for WCCC providers, clarify existing provider documentation requirements for receiving WCCC payment rates, and make other changes to clarify the language of the rules.

Proposed WAC 388-290-260 and 388-290-265 concerning hearing procedures are "procedural rules" under RCW 34.05.328 (5)(c)(i), and do not meet the definition of significant legislative rules.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 9, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 5, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail, by 5:00 p.m., March 9, 2004.

Date of Intended Adoption: Not earlier than March 10, 2004.

January 5, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-04 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office