PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-418-0005 What type of changes must I report for cash, basic food, and medical assistance?
Purpose: Amending the rule to comply with federal requirements for the food stamp program and move portions of the text of the rule so program requirements will be more easily understood.
Other Identifying Information: The proposed rule is being filed without filing of a CR-101 preproposal statement of inquiry. A CR-101 notice is not required for rules adopting or incorporating by reference without material change federal statutes or regulations. The proposed rule incorporates requirements in federal rule 7 C.F.R. 273.12.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510.
Summary: These rules explain what changes department clients must report for cash assistance, medical assistance, and basic food.
Reasons Supporting Proposal: These changes are necessary to implement federal requirements on change reporting and to put basic food reporting requirements under the correct heading of the rule.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Title 7 of the Code of Federal Regulations, Part 273.12.
Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule, Purpose, Summary, and Reasons Supporting Proposal above.
Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients by modifying reporting requirements for basic food and medical assistance benefits.
RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal financial eligibility requirements mandated by Title 7 of the Code of Federal Regulations, Part 273.12 regarding requirements for change reporting households for federal food stamp benefits. The department also applies the same requirements for cash assistance.
Hearing Location: Office Building 2, Auditorium (DSHS Headquarters), 1115 Washington Street, Olympia, WA 98504 (public parking at 11th and Washington), on February 10, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov [fernaax@dshs.wa.gov].
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 fernaax@dshs.wa.gov, by 5:00 p.m., February 10, 2004.
Date of Intended Adoption: Not earlier than February 11, 2004.
January 5, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3357.1
| Table 1 - Cash Assistance and Basic Food | ||
| Type of change to report when you or anyone in your assistance unit (AU): | Do I have to report this change for cash assistance? | Do I have to report this change for Basic Food? |
| (1) Starts to get money from a new source; | Yes | Yes, but only if the change causes a change in the person's income. |
| (2) Has unearned income that changed by more than fifty dollars from amount we budgeted; | Yes | Yes |
| (3) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (4) Moves to a new residence; | Yes | Yes |
| (5) Has a change in shelter costs; | Yes, but only if you went from having no shelter costs to having a shelter cost, or from having shelter costs to not having to pay anything. You don't have to report a change in the amount you pay. | Yes, report the change at your recertification. If your shelter costs go up, you could get more benefits. Report the change sooner to see if you will get more benefits. |
| (6) Gets married, divorced, or separated; | Yes | Yes |
| (7) Gets a vehicle; | Yes | Yes |
| (8) Has a disability that ends; | Yes | Yes |
| (9) Has countable resources that are more than the resource limits under WAC 388-470-0005; | Yes | Yes |
| (10) Gets a job or changes employers; | Yes | Yes, but only if it causes a change in the person's income. |
| (11) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; | Yes | Yes |
| (12) Has a change in hourly wage rate or salary; | Yes | Yes |
| (13) Stops working; | Yes | Yes |
| (14) Has a pregnancy that begins or ends; | Yes | No |
| (15) Has a change in uncovered medical expenses; | No | Yes, report this change only at your next eligibility review. If you are elderly or disabled and you have an increase in uncovered medical expenses, report this change sooner as you may be eligible to get more benefits. |
| (16) A change in work hours to below 20 hours per week averaged monthly. | No | Yes, but only if there are no children in your AU and the person is a nonexempt ABAWD under WAC 388-444-0030 and 388-444-0035. |
| (17) A change in legal obligation to pay child support. | No | Yes |
| Table 2 - Medical Assistance | ||
| Type of change to report when you or anyone in your assistance unit (AU): | Do I have to
report this
change for
family medical
assistance (i.e.,
TANF(( |
Do I have to report this change for Pregnancy Medical? |
| (( |
(( |
(( |
| (( |
(( |
(( |
| (18) Starts to get money from a new source; | Yes | No |
| (19) Has unearned income that changed; | Yes | No |
| (20) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (21) Moves to a new residence; | Yes | Yes |
| (22) Has a change in shelter costs; | No | No |
| (23) Gets married, divorced, or separated; | Yes | No |
| (24) Gets a vehicle; | No | No |
| (25) Has a disability that ends; | No | No |
| (26) Has countable resources that are more than the resource limits under WAC 388-470-0005; | No | No |
| (27) Gets a job or changes employers; | Yes | No |
| (28) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; | Yes | No |
| (29) Has a change in hourly wage rate or salary; | Yes | No |
| (30) Stops working; | Yes | No |
| (31) Has a pregnancy that begins or ends; | Yes | Yes |
| (32) Has a change in uncovered medical expenses. | (( |
Yes, but only if an AU member has a spenddown. |
| Table 3 - SSI-Related Medical Assistance and Long-Term Care | ||
| Type of change to report when you or anyone in your assistance unit (AU): | Do I have to report this change for SSI-related medical assistance? | Do I have to report this change for long-term care (i.e., COPES, CAP, or nursing home) |
| (33) Starts to get money from a new source; | Yes | Yes |
| (34) Has unearned income that changed; | Yes | Yes |
| (35) Has a change in earnings or stops working | Yes | Yes |
| (36) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (37) Moves to a new residence; | Yes | Yes |
| (38) Has a change in shelter costs; | No, unless you went from paying rent to not paying any rent. You do not need to report if your rent amount changes. | Yes, if client or community spouse live in their own home |
| (39) Gets married, divorced, or separated; | Yes | Yes |
| (40) Gets a vehicle; | Yes, but only if that person or their spouse gets SSI-related medical | Yes, but only if that person gets long-term care |
| (41) Has a disability that ends; | Yes | Yes |
| (42) Has countable resources that are more than the resource limits, under WAC 388-470-0005 or 388-513-1350; | Yes, but only if that person or their spouse get SSI-related medical | Yes, but only if that person gets long-term care |
| (43) Has a change in uncovered medical expenses. | Yes, but only if an AU member has a spenddown. | Yes. |
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-028, § 388-418-0005, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, § 388-418-0005, filed 5/21/01, effective 7/1/01; 99-23-034, § 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-418-0005, filed 7/31/98, effective 9/1/98.]