WSR 98-11-084
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed May 19, 1998, 3:02 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-20-120
Title of Rule:
| NEW CHAPTERS: | |
| Title of rule: | Summary: |
| CHAPTER 388-400 WAC PROGRAM SUMMARY |
Summarizes assistance eligibility requirements by program. |
| CHAPTER 388-404 WAC AGE REQUIREMENTS |
Describes age requirements that apply to DSHS assistance programs. |
| CHAPTER 388-406 APPLICATIONS |
Explains how the department accepts and processes an application for assistance. |
| CHAPTER 388-408 WAC ASSISTANCE UNITS | Explains how different public assistance programs determine who makes up a single household. |
| CHAPTER 388-410 WAC BENEFIT ERROR |
Explains how program overpayments are determined and the methods used for collection. |
| CHAPTER 388-412 WAC BENEFIT ISSUANCES | Explains how the department issues benefits for public assistance. |
| CHAPTER 388-414 WAC CATEGORICAL ELIGIBILITY FOR FOOD ASSISTANCE | Explains that when a client is already eligible for certain programs, they are automatically eligible for food assistance. |
| CHAPTER 388-416 WAC CERTIFICATION PERIODS | Explains how long an eligible client can receive assistance before the department rechecks eligibility. |
| CHAPTER 388-418 WAC CHANGE OF CIRCUMSTANCE | Explains which changes in circumstance clients must report to the department. |
| CHAPTER 388-420 WAC CHEMICAL DEPENDENCY FOOD ASSISTANCE | Describes when clients are eligible for food assistance while receiving alcohol or drug treatment. |
| CHAPTER 388-422 WAC CHILD SUPPORT |
Explains child support requirements that clients must meet in order to be eligible for assistance. |
| CHAPTER 388-424 WAC CITIZENSHIP/ALIEN STATUS | Explains citizenship requirements for public assistance. |
| CHAPTER 388-426 WAC CLIENT COMPLAINTS | Provides for a complaint procedure for clients of assistance programs. |
| CHAPTER 388-428 WAC CONFIDENTIALITY | Explains which client information the department can disclose for assistance programs and which is confidential. |
| CHAPTER 388-430 WAC DEPRIVATION | Describes the factors which are considered when determining if a child is deprived of parental support. |
| CHAPTER 388-434 WAC ELIGIBILITY REVIEWS AND RECERTIFICATIONS | Describes how the department reviews eligibility for cash and medical assistance benefits and how they recertify food assistance eligibility periodically. |
| CHAPTER 388-436 EMERGENCY ASSISTANCE FOR CASH | Defines criteria for programs to provide cash assistance to clients under special or emergency circumstances. |
| CHAPTER 388-437 WAC EMERGENCY ASSISTANCE FOR FOOD STAMPS | Explains the conditions under which food stamps are available in a disaster. |
| CHAPTER 388-438 WAC MEDICALLY INDIGENT | Explains who can receive services under special emergency medical assistance programs. |
| CHAPTER 388-440 WAC EXCEPTIONS TO RULE | Explains circumstances under which the secretary of DSHS may grant an exception to policy requirements for an individual client. |
| CHAPTER 388-442 WAC FELONS | Explains under what circumstances a felon is eligible for public assistance. |
| CHAPTER 388-444 WAC FOOD STAMP EMPLOYMENT AND TRAINING | Tells which clients have to participate in employment or training in order to receive assistance. Explains how these mandates relate to food assistance eligibility. |
| CHAPTER 388-446 WAC FRAUD |
Describes what happens to clients suspected or convicted of committing fraud to receive assistance benefits. |
| CHAPTER 388-448 WAC INCAPACITY | Describes which clients meet definitions for general assistance-unemployable benefits and which children are considered deprived of parental support due to capacity. |
| CHAPTER 388-450 WAC INCOME |
Describes what is considered as income and how income affects a client's eligibility for cash, medical and food assistance. |
| CHAPTER 388-452 WAC INTERVIEW REQUIREMENTS | Sets minimum criteria for client interviews for assistance programs. |
| CHAPTER 388-454 WAC LIVING WITH A RELATIVE |
Explain which relatives a child must live with to be eligible for assistance. |
| CHAPTER 388-456 WAC MONTHLY REPORTING |
Explains when clients have to file monthly reports to remain eligible for assistance. |
| CHAPTER 388-458 WAC NOTICES TO CLIENTS | Sets criteria for when and how DSHS has to provide formal notice to a client before taking action. |
| CHAPTER 388-460 WAC PAYEES ON WARRANTS |
Explains how the department decides whose name to issue an assistance payment to in a household. |
| CHAPTER 388-462 WAC PREGNANCY | Explains the assistance programs available to women when they are pregnant. |
| CHAPTER 388-464 WAC QUALITY ASSURANCE | Requires certain clients to cooperate with the quality assurance review process in Economic Services Administration. |
| CHAPTER 388-466 WAC REFUGEE PROGRAM |
Explains eligibility requirements for refugee assistance. |
| CHAPTER 388-468 WAC RESIDENCY | Sets residency rules for public assistance eligibility. |
| CHAPTER 388-470 WAC RESOURCES |
Explains how many assets a person may have and still be eligible for assistance benefits. |
| CHAPTER 388-472 WAC RIGHTS AND RESPONSIBILITIES | Sets out mandated rights and responsibilities for clients. |
| CHAPTER 388-474 WAC SUPPLEMENTAL SECURITY INCOME | Describes who may qualify for SSI benefits, what coverage is available, under what conditions they can be terminated and what happens for overpayments or duplicate payments. |
| CHAPTER 388-476 WAC SOCIAL SECURITY NUMBER | Tells when a social security number is a requirement and describes requirements when a social security number is not available for assistance programs. |
| CHAPTER 388-478 WAC STANDARDS FOR PAYMENTS |
Defines maximum and minimum payment standards for assistance programs. |
| CHAPTER 388-480 WAC STRIKERS | Describes assistance eligibility provisions that apply when a person is on strike. |
| CHAPTER 388-482 WAC STUDENT STATUS |
Explains which students are eligible for food assistance. |
| CHAPTER 388-484 WAC TANF/SFA FIVE YEAR TIME LIMIT | Provides for a limit to the length of time a person may receive assistance under Temporary Assistance for Needy Families or State Family Assistance programs. |
| CHAPTER 388-486 WAC TEEN PARENT |
Explains eligibility criteria for unmarried pregnant or parenting teens to receive assistance. |
| CHAPTER 388-488 WAC TRANSFER OF PROPERTY | Describes what happens to assistance eligibility when a client transfers property to another person. |
| CHAPTER 388-490 WAC VERIFICATION | Lists mandatory verification requirements and criteria for additional verification requests needed to determine eligibility for assistance. |
| AMENDED RULES: | |
| WAC 388-86-027 | Describes requirements for the Healthy Kids program. |
| WAC 388-501-0135 | Explains the program for clients needing help in the appropriate use of medical services. |
| WAC 388-505-0540 | Assigns rights for medical programs. |
| WAC 388-538-060 | Explains who is eligible for healthy options programs. |
| WAC 388-538-080 | Explains who is exempt from healthy options programs. |
| WAC 388-538-095 | Explains healthy options scope of care. |
| WAC 388-538-130 | Explains who is removed from healthy options programs. |
| NEW RULES: | |
| WAC 388-503-0505 | Defines eligibility for medical assistance programs. |
| WAC 388-503-0510 | Defines eligibility for categorical medical. |
| WAC 388-503-0515 | Explains who is automatically eligible for CN medical. |
| WAC 388-503-0520 | Explains who on TANF is automatically eligible for CN medical. |
| WAC 388-505-0110 | Describes medical assistance coverage for adults who can't be covered under Family Medical. |
| WAC 388-505-0210 | Describes children's Medicaid eligibility. |
| WAC 388-505-0220 | Describes medical eligibility for families. |
| WAC 388-517-0300 | Explains the programs that help clients pay Medicare coverage out-of-pocket costs. |
| WAC 388-519-0100 | Explains the medically needy program. |
| WAC 388-519-0110 | Explains how a person may be eligible for medical assistance if their income exceeds specific limits. |
| WAC 388-519-0120 | Explains additional "Spenddown" requirements. |
| WAC 388-523-0100 | Explains when medical assistance benefits may be extended. |
| WAC 388-529-0100 | Describes the scope of covered medical services available to clients in medical programs. |
| WAC 388-529-0200 | Describes the medical services available to eligible clients. |
| REPEALED RULES: | |
| Title of Rule: | |
| Chapter 388-49 WAC | FOOD ASSISTANCE PROGRAMS |
| WAC 388-55-0006 | Summary of eligibility conditions |
| WAC 388-55-0008 | Eligibility conditions--Refugee status |
| WAC 388-55-0010 | Common eligibility conditions |
| WAC 388-55-0020 | Work and training eligibility conditions |
| WAC 388-55-0030 | Treatment of income and resources |
| WAC 388-55-0040 | Refugee medical assistance |
| WAC 388-55-0060 | Refugee notification and referral |
| WAC 388-200-1100 | Grievance procedures |
| WAC 388-200-1150 | Exception to rule |
| Chapter 388-210 WAC | APPLICATIONS FOR ASSISTANCE |
| Chapter 388-212 WAC | VERIFICATION OF ELIGIBILITY |
| Chapter 388-215 WAC | AID TO FAMILIES WITH DEPENDENT CHILDREN--CATEGORICAL ELIGIBILITY |
| Chapter 388-216 WAC | RESOURCE ELIGIBILITY |
| Chapter 388-217 WAC | TRANSFER OF PROPERTY |
| Chapter 388-218 WAC | AID TO FAMILIES WITH DEPENDENT CHILDREN--INCOME POLICIES |
| Chapter 388-219 WAC | GENERAL ASSISTANCE--INCOME POLICIES |
| Chapter 388-220 WAC | STATE FAMILY ASSISTANCE |
| Chapter 388-225 WAC | CONSOLIDATED EMERGENCY ASSISTANCE PROGRAM--CEAP |
| Chapter 388-230 WAC | GENERAL ASSISTANCE FOR PREGNANT WOMEN |
| Chapter 388-233 WAC | GENERAL ASSISTANCE FOR CHILDREN |
| WAC 388-235-0010 | Purpose of program |
| WAC 388-235-0020 | Definitions |
| WAC 388-235-0030 | Summary of eligibility conditions |
| WAC 388-235-0040 | Assistance unit |
| WAC 388-235-0050 | Age requirements |
| WAC 388-235-0060 | Residence--Establishing |
| WAC 388-235-0070 | Residence--Temporary absences |
| WAC 388-235-0080 | Residence--Applicant living in another state |
| WAC 388-235-0090 | Residence--Applicant receiving assistance from another state |
| WAC 388-235-0100 | Citizenship and alien status |
| WAC 388-235-0110 | Social Security number |
| WAC 388-235-2000 | Resources |
| WAC 388-235-3000 | Income |
| WAC 388-235-4000 | GAU payment and need standards |
| Chapter 388-245 WAC | MAINTENANCE OF GRANT PROGRAMS |
| Chapter 388-250 WAC | GRANT STANDARDS |
| WAC 388-255-1350 | Additional requirements for emergent situations |
| WAC 388-255-1400 | One-time grant--Authorization--Disbursement |
| WAC 388-265-1010 | Grant payment--General provisions |
| WAC 388-265-1050 | Grant authorization |
| WAC 388-265-1100 | Grant payee |
| WAC 388-265-1550 | Client notification of protective payee or vendor payee |
| WAC 388-265-1700 | Confidential information--Protective payee or vendor payee |
| WAC 388-265-1800 | Warrant endorsement |
| WAC 388-265-1850 | Warrant delivery |
| WAC 388-265-1900 | Warrant cancellation |
| WAC 388-265-1950 | Loss, theft, or destruction of a client's warrant |
| WAC 388-265-2000 | Loss, theft, or destruction of a vendor warrant |
| Chapter 388-270 WAC | INCORRECT PAYMENTS |
| WAC 388-275-0020 | SSI: Definitions |
| WAC 388-275-0030 | SSI: Administrative responsibilities |
| WAC 388-275-0050 | SSI: Waiver of state supplement |
| WAC 388-275-0060 | SSI: Payments |
| WAC 388-275-0070 | SSI: Termination of state supplement |
| WAC 388-275-0090 | SSI: Representative payee |
| Summary of Repealed Rules: |
| The rules being repealed have been consolidated, shortened and simplified by a special task team with members from Economic Services and Medical Assistance Administrations to comply with criteria in the Governor's Executive Order 97-02. No program policy has been changed. These current rules are being repealed and the revised version of the rules proposed for adoption as part of new chapter 388-400 WAC. |
Purpose: To consolidate and simplify program and eligibility requirements for cash, food, and medical assistance to comply with criteria in the Governor's Executive Order 97-02
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090
Summary: See Title of Rule above
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Roxie Schalliol, 14th and Jefferson, Mailstop 4-5070, Olympia, 98504, (360) 902-7791
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 Title of Rule above
Proposal Changes the Following Existing Rules: Current rules (see Title of Rule above for the complete list by number) are being amended or repealed, and new rules proposed under new chapter 388-400 WAC
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect businesses.
RCW 34.05.328 does not apply to this rule adoption. These rules are not considered significant rules because they do not change existing policy.
Hearing Location: There will be two hearings held on July 21, 1998, one in Olympia and one in Spokane. Maps and/or directions are available for both locations. Olympia Hearing: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, at 10:00 a.m. Spokane Hearing: DSHS/DDD-Field Services, West 1611 Indiana, Training Room, Spokane, WA 99205, at 1:00 p.m
Assistance for Persons with Disabilities: Contact Paige Wall by July 12, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by July 21, 1998
Date of Intended Adoption: July 28, 1998
May 19, 1998
Marie Myerchin-Redifer, 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 98-13 issue of the Register.