WSR 04-02-072

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 7, 2004, 11:30 a.m. ]

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
AMENDATORY SECTION(Amending WSR 03-21-028, filed 10/7/03, effective 11/1/03)

WAC 388-418-0005   What type of changes must I report for cash, Basic Food, and medical assistance?   For purposes of this section, an "assistance unit" or "AU" is a group of people who live together and whose income or resources we count to decide what benefits the AU gets. Even if someone in your AU is not eligible to get a benefit, we still count that person's income or resources if they are financially responsible for you or someone in your AU, such as a common child. If you are a parent of a child who gets long-term care benefits, you need only report changes in income or resources that are actually contributed to the child. Tables one, two and three below show the types of changes you must report based on the type of assistance you get. Use table one to see if you must report a change for cash or Basic Food. Use table two to see if you must report a change for children's, pregnant women's, or family medical assistance. Use table three to see if you must report a change for SSI-related medical or long-term care medical assistance.


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((/SFA))-related) or Children's Medical? Do I have to report this change for Pregnancy Medical?
(((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))
(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. ((No)) 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.

[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.]

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