WSR 05-08-009

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 25, 2005, 4:01 p.m. , effective April 25, 2005 ]


Purpose: to amend WAC 388-492-0040 Can I choose whether I get WASHCAP food benefits or Basic Food benefits?, to be consistent with a federal waiver amendment regarding the criteria under which a WASHCAP-eligible or WASHCAP participant may opt-in or -out of the demonstration project. The change will bring the department into compliance with the demonstration project cost-neutrality provisions stipulated in the federal waiver requirements. This rule is currently in place under emergency adoption; filing for permanent adoption is necessary to complete the rule making procedure and ensure project sustainability.

Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0040.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Adopted under notice filed as WSR 05-05-087 on February 15, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: March 24, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3504.2
AMENDATORY SECTION(Amending WSR 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0040   Can I choose whether I get WASHCAP food benefits or Basic Food benefits?   You can choose to have Basic Food benefits instead of WASHCAP food benefits when:

(1) ((You would get more benefits from the Basic Food program.

(2) You may get more benefits in the Basic Food program when:

(a))) Your non-utility shelter costs as defined in WAC 388-450-0190 (a) through (d) are more than five hundred twenty-seven dollars a month((. We count the following items as a shelter cost:

(i) Rent or mortgage;

(ii) Property taxes;

(iii) Homeowner's insurance (for the building only); or

(iv) Mandatory homeowner's association or condo fees.

(b)));

(2) Your out-of-pocket medical expenses are more than thirty-five dollars a month; or

(3) You chose to have Basic Food benefits instead of WASHCAP benefits prior to January 1, 2005.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0040, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0040, filed 10/16/01, effective 12/1/01.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office