WSR 99-24-131

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 1, 1999, 11:23 a.m. , effective January 1, 2000 ]

Date of Adoption: December 1, 1999.

Purpose: Ensure WAC 388-410-0001 What is a cash/medical assistance overpayment, conforms to RCW 74.08.080 (2)(e) which limits client's overpayment liability when cash assistance is recovered pending a fair hearing.

Citation of Existing Rules Affected by this Order: Amending WAC 388-410-0001.

Statutory Authority for Adoption: RCW 74.04.510.

Other Authority: 7 C.F.R. 273.9 (d)(6).

Adopted under notice filed as WSR 99-19-023 on September 7, 1999.

Changes Other than Editing from Proposed to Adopted Version: New subsection (4) reads: "If you receive child payments directly from the noncustodial parent, you must turn these over to the Division of Child Support (DCS). These payments are not cash assistance overpayments."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: January 1, 2000.

December 1, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2632.5
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-410-0001
What is a cash/medical assistance overpayment((s.))?

(1) An overpayment ((means)) is any cash or medical assistance paid ((to an)) that is more than the assistance unit ((where:

(a) Eligibility for the payment did not exist; or

(b) Assistance paid was in excess of need)) was eligible to receive.

(2) There are two ((different)) types of cash/medical overpayments ((for cash and medical assistance)):

(a) Intentional overpayments((; and

(b) Unintentional overpayments.

(3) The client is presumed to have committed an intentional overpayment when the client willfully or knowingly:

(a))) , presumed to exist when the client willfully or knowingly:

(i) Fails to report within twenty days a change in circumstances that affects ((the client's)) eligibility ((or need)); or

(((b))) (ii) Misstates or fails to reveal a ((material fact that affects)) fact affecting eligibility ((or need)) as specified in WAC 388-446-0001.

(((4) All overpayments that are not due to the willful or knowing failure of the client to provide information necessary to determine eligibility are considered unintentional overpayments.

(5) Child support payments received directly from the absent parent are not treated as a grant overpayment if kept by the caretaker relative.  Such payments are considered a debt to the division of child support))

(b) Unintentional overpayments, which includes all other client-caused and all department-caused overpayments.

(3) If you request a fair hearing and the fair hearing decision is in favor of the department, then:

(a) Some or all of the continued assistance you get before the fair hearing decision must be paid back to the department (see WAC 388-418-0030); and

(b) The amount of assistance you must pay back will be limited to sixty days of assistance, starting with the day after the department receives your hearing request.

(4) If you receive child support payments directly from the noncustodial parent, you must turn these payments over to the division of child support (DCS). These payments are not cash assistance overpayments.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-410-0001, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office