WSR 03-03-007

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 6, 2003, 3:45 p.m. ]

Subject of Possible Rule Making: The Division of Employment and Assistance Programs will amend WAC 388-424-0005 Citizenship and alien status -- General eligibility conditions, 388-424-0010 Citizenship and alien status -- Eligibility restrictions for TANF and medical assistance programs, 388-424-0015 Citizenship and alien status -- Eligibility restrictions for the SFA program, and other WAC affecting immigrant eligibility for federal and state programs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed changes are in response to: (1) Changes in federal law and rule, and (2) continued feedback from CSO staff and advocates that current WAC regarding alien eligibility lack precision, clarity, and completeness. For example, the definition of "qualified alien" in WAC 388-424-0005(3) should include "victims of trafficking." Similarly, the summary of Child Citizenship Act of 2000 provisions in WAC 388-424-0010(3) is incomplete and should be moved into WAC 388-424-0005 since it applies not just to TANF and medical assistance (as implied by its current location).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file proposed rules with the Office of the Code Reviser for public comment and a public hearing. A copy of the proposed rules will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Berry, Division of Employment Assistance Programs, Lacey Government Center, P.O. Box 45470, Olympia, WA 98504-4570, phone (360) 413-3102, fax (360) 413-3483, e-mail berrytj@dshs.wa.gov.

January 3, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office