WSR 04-10-100

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 4, 2004, 3:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-03-007 on January 6, 2003.

Title of Rule: WAC 388-424-0001, 388-424-0005, 388-424-0006, 388-424-0007, 388-424-0008, 388-424-0009, 388-424-0010, 388-424-0015, 388-424-0016, 388-424-0020, and 388-424-0025. See Explanation of Rule below for a list of WAC captions.

Purpose: These rule changes are necessary to conform to changes in federal law and to address gaps and ambiguities in the current rules.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Summary: These rule changes conform to changes in federal law, including the Victims of Trafficking and Violence Protection Act of 2000, the Battered Immigrant Women Protection Act of 2000, the Child Citizenship Act of 2000, and the Violence Against Women Act of 1994, and address gaps and ambiguities that have hindered correct and efficient eligibility determination by CSO staff.

Reasons Supporting Proposal: Current rules do not reflect recent changes in federal law, including the Victims of Trafficking and Violence Protection Act of 2000, the Battered Immigrant Women Protection Act of 2000, the Child Citizenship Act of 2000, and the Violence Against Women Act of 1994. Gaps and ambiguities in current rule have led to frequent requests for policy clarification from CSO staff.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Berry, 1009 College S.E., Lacey, WA 98504, (360) 413-3102.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 8 U.S.C. Section 1641(c) (Violence Against Women Act of 1994); 22 U.S.C. Section 7105(b) (Victims of Trafficking and Violence Protection Act of 2000); Public Law 106-386 Title V (Battered Immigrant Women Protection Act of 2000); Public Law 106-395 Title I (Child Citizenship Act of 2000).

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: New sections WAC 388-424-0001 Citizenship and alien status--Definitions, 388-424-0006 Citizenship and alien status--Date of entry, 388-424-0007 Citizenship and alien status--Armed services or veteran status, 388-424-0008 Citizenship and alien status--Work quarters, 388-424-0009 Citizenship and alien status -- Social security number (SSN) requirements, and 388-424-0016 Citizenship and alien status--Immigrant eligibility restrictions for state medical benefits; repealing WAC 388-424-0005 The effect of citizenship and alien status on eligibility for benefits; and amending WAC 388-424-0010 Citizenship and alien status--Immigrant eligibility restrictions for TANF and medical benefits, including Medicaid and SCHIP, 388-424-0015 Citizenship and alien status -- Immigrant eligibility restrictions for the SFA, GA, and ADATSA programs, 388-424-0020 How does my alien status impact my eligibility for federally-funded Washington Basic Food program benefits?, and 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?

Purpose and Effect: See 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.

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." The rules are also exempt under RCW 34.05.328 (5)(b)(v), which states in part, "[t]his section does not apply to rules adopting or incorporating by reference without material change federal statutes or regulations...". This rule adopts federal assistance eligibility standards contained in the Victims of Trafficking and Violence Prevention [Protection] Act of 2000 (22 U.S.C. Section 7105(b)), the Battered Immigrant Women Protection Act of 2000 (Public Law No. 106-386, Title V), the Violence Against Women Act of 1994 (8 U.S.C. Section 1641(c)), and the Child Citizenship Act of 2000 (P.L. 106-395, Title I).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 22, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 17, 2004, 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., June 22, 2004.

Date of Intended Adoption: No earlier than June 23, 2004.

April 30, 2004

Brian H. Lindgren, 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 04-11 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office