PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Supplemental Notice to WSR 04-15-053.
Preproposal statement of inquiry was filed as WSR 03-17-085.
Title of Rule and Other Identifying Information: WAC 388-418-0005 What types of changes must I report for cash, Basic Food, and medical assistance?
Hearing Location(s): Office Building 2 Auditorium (DSHS headquarters), 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson), on September 21, 2004, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 22, 2004.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5 p.m., September 21, 2004.
Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by September 17, 2004, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This supplemental rule filing will update the effective date of the proposed rule as submitted under WSR 04-15-053 to reflect reporting requirements under the department's simplified reporting initiative. Simplified reporting reduces the changes clients must report to the department while requiring some clients to complete a six-month report to determine ongoing eligibility for benefits.
Reasons Supporting Proposal: These rules are necessary to implement the department's simplified reporting initiative for cash assistance, medical assistance, and the Washington Basic Food program.
The Farm Security and Rural Investment Act of 2002 provides states the option to implement simplified reporting for the food stamp program. ESB 6411 (chapter 54, Laws of 2004) requires the department to implement simplified reporting for food stamps by October 31, 2004. The department plans to implement simplified reporting for cash, medical, and the Basic Food program beginning in October 2004.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, ESB 6411 (chapter 54, Laws of 2004).
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, ESB 6411 (chapter 54, Laws of 2004).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Social and Health Services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Policy Analyst, 1009 College S.E., Lacey, WA 98504, (360) 725-4616.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses; they only affect DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.
A cost-benefit analysis is not required under RCW 34.05.328. 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." These rules adopt federal requirements and implement program options under Title 7 of the Code of Federal Regulations Part 273 regarding eligibility for food stamp benefits as well as requirements under Title 45 of the Code of Federal Regulations and the TANF state plan for benefits under the TANF program. The department also applies these eligibility requirements to the general assistance and refugee cash assistance programs.
August 9, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3430.4
| 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-related) or Children's Medical? | 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. | 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. |
For example:
If you receive Long Term Care and Basic Food benefits, you tell us about changes based on the Long Term Care requirements because it is the first program in the list below you receive benefits from.
(1) If you receive Long Term Care benefits such as Basic, Basic Plus, Core, Community Protection, or nursing home, you must tell us if you have a change of:
(a) Address;
(b) Marital status;
(c) Living arrangement;
(d) Income;
(e) Resources;
(f) Medical expenses; and
(g) If we allow you expenses for your spouse or dependents, you must report changes in their income or shelter cost.
(2) If you receive medical benefits based on age, blindness, or disability (SSI-related medical), you need to tell us if:
(a) You move;
(b) Someone moves into or out of your home;
(c) Your resources change; or
(d) Your income changes. This includes the income of you, your spouse or your child living with you.
(3) If you receive Basic Food and all adults in your assistance unit are elderly or disabled and have no earned income, you need to tell us if:
(a) You move;
(b) You start getting money from a new source;
(c) Your income changes by more than fifty dollars;
(d) Your liquid resources, such as your cash on hand or bank accounts, are more than two thousand dollars; or
(e) Someone moves into or out of your home.
(4) If you receive cash benefits, you need to tell us if:
(a) You move;
(b) Someone moves out of your home;
(c) Your total gross monthly income goes over the:
(i) Payment standard under WAC 388-478-0030 if you receive general assistance or ADATSA benefits; or
(ii) Earned income limit under WAC 388-450-0165 for all other programs;
(d) You have liquid resources more than four thousand dollars; or
(e) You have a change in employment. Tell us if you:
(i) Get a job or change employers;
(ii) Change from part-time to full-time or full-time to part-time;
(iii) Have a change in your hourly wage rate or salary; or
(iv) Stop working.
(5) If you receive Children's Medical or Family Medical benefits, you need to tell us if:
(a) You move;
(b) Someone moves out of your home; or
(c) If your income goes up or down by one hundred dollars or more a month and you expect this income change will continue for at least two months.
(6) If you receive Basic Food benefits, you need to tell us if:
(a) You move; or
(b) Your total gross monthly income is more than the gross monthly income limit under WAC 388-478-0060.
(7) If you receive Pregnancy Medical benefits, you need to tell us if:
(a) You move;
(b) Someone moves out of the home; or
(c) You have a change in your pregnancy.
(8) If you receive other medical benefits, you need to tell us if:
(a) You move; or
(b) Someone moves out of the home.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-026, § 388-418-0005, filed 2/23/04, effective 3/25/04; 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.]