WSR 05-06-089

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 1, 2005, 4:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-21-074.

Title of Rule and Other Identifying Information: WAC 388-418-0005 How will I know what changes I must report?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 5, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 6, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 5, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 1, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal amends WAC 388-418-0005 [to] reflect department policy regarding what changes clients must report to the department and to update the language of the rule to meet requirements of RCW 44.04.280.

Reasons Supporting Proposal: The changes are necessary to reflect department policy on what changes must be reported for Basic Food, cash, and medical programs. Additionally, language changes were necessary in order to bring the rule into compliance with RCW 44.04.280.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280.

Rule is necessary because of federal law, 7 C.F.R. 273.12.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 725-4616.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses, they only affect DSHS clients by establishing what changes clients must report to the department for Basic Food, cash, and medical programs.

A cost-benefit analysis is not required under RCW 34.05.328. 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 filing adopts federal reporting requirements for the food stamp program as set in the Code of Federal Regulations, 7 C.F.R. 273.12, and adopts reporting requirements for clients receiving cash or medical assistance.

February 23, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3520.1
AMENDATORY SECTION(Amending WSR 04-21-026, filed 10/13/04, effective 11/13/04)

WAC 388-418-0005   How will I know what changes I must report?   You must report changes to the department based on the kinds of assistance you receive. The set of changes you must report for people in your assistance unit under chapter 388-408 WAC is based on the benefits you receive that require you to report the most changes. It is the first program that you receive benefits from in the list below.

For example:

If you receive Long Term Care and Basic Food benefits, you tell us about changes based on the Long Term Care requirements because it is the first program in the list below you receive benefits from.

(1) If you receive Long Term Care benefits such as Basic, Basic Plus, Chore, Community Protection, COPES, nursing home, Hospice, or Medically Needy Waiver, you must tell us if you have a change of:

(a) Address;

(b) Marital status;

(c) Living arrangement;

(d) Income;

(e) Resources;

(f) Medical expenses; and

(g) If we allow you expenses for your spouse or dependents, you must report changes in their income or shelter cost.

(2) If you receive medical benefits based on age, blindness, or disability (SSI-related medical), or ADATSA benefits, you need to tell us if:

(a) You move;

(b) Someone moves into or out of your home;

(c) Your resources change; or

(d) Your income changes. This includes the income of you, your spouse or your child living with you.

(3) If you receive Basic Food and all adults in your assistance unit are elderly persons or ((disabled)) individuals with disabilities and have no earned income, you need to tell us if:

(a) You move;

(b) You start getting money from a new source;

(c) Your income changes by more than fifty dollars;

(d) Your liquid resources, such as your cash on hand or bank accounts, are more than two thousand dollars; or

(e) Someone moves into or out of your home.

(4) If you receive cash benefits, you need to tell us if:

(a) You move;

(b) Someone moves out of your home;

(c) Your total gross monthly income goes over the:

(i) Payment standard under WAC 388-478-0030 if you receive general assistance ((or ADATSA benefits)); or

(ii) Earned income limit under WAC 388-478-0035 and 388-450-0165 for all other programs;

(d) You have liquid resources more than four thousand dollars; or

(e) You have a change in employment. Tell us if you:

(i) Get a job or change employers;

(ii) Change from part-time to full-time or full-time to part-time;

(iii) Have a change in your hourly wage rate or salary; or

(iv) Stop working.

(5) If you receive Children's Medical or Family Medical benefits, you need to tell us if:

(a) You move;

(b) Someone moves out of your home; or

(c) If your income goes up or down by one hundred dollars or more a month and you expect this income change will continue for at least two months.

(6) If you receive Basic Food benefits, you need to tell us if:

(a) You move; ((or))

(b) Your total gross monthly income is more than the gross monthly income limit under WAC 388-478-0060; or

(c) Anyone who receives food benefits in your assistance unit must meet work requirements under WAC 388-444-0030 and their hours at work go below twenty hours per week.

(7) If you receive Pregnancy Medical benefits, you need to tell us if:

(a) You move;

(b) Someone moves out of the home; or

(c) You ((have a change in your pregnancy)) are no longer pregnant.

(8) If you receive other medical benefits, you need to tell us if:

(a) You move; or

(b) Someone moves out of the home.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-21-026, 388-418-0005, filed 10/13/04, effective 11/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-026, 388-418-0005, filed 2/23/04, effective 3/25/04; 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.]

Washington State Code Reviser's Office