WSR 05-09-021

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 12, 2005, 12:16 p.m. , effective June 1, 2005 ]


Purpose: Amend WAC 388-418-0005 How will I know what changes I must report?, to reflect department policy regarding what changes clients must report and update the language of the rule to meet requirements of RCW 44.04.280.

Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0005.

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

Adopted under notice filed as WSR 05-06-089 on March 1, 2005.

Changes Other than Editing from Proposed to Adopted Version: Changes were made to subsections (2), (5), (6), (7), and (8) of the proposed rules.

Changes to subsections (2), (5), and (8) were to clarify that clients only needed to report someone moving out of the home if the person moving is a family member.

A change to subsection (5) and addition of a new subsection (6) was to remove the $100 income-reporting requirement for children's medical.

A change to proposed subsection (7) was to remove the requirement for persons to report someone moving out of the home for pregnancy medical.

Subsections (6), (7), and (8) of the proposed rule were renumbered as subsections (7), (8), and (9).

The changes from the proposed rule are to clarify reporting requirements for medical programs and to allow for continuous eligibility for children's medical and family medical as directed by the governor.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: April 8, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3520.3
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)) A family member 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)) A family member 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 Children's Medical benefits, you need to tell us if:

(a) You move; or

(b) A family member moves out of the house.

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

(a) You move; or

(b) ((Someone moves out of the home; or

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

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

(a) You move; or

(b) ((Someone)) A family member 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