WSR 05-12-133

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 1, 2005, 10:50 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-06-077.

Title of Rule and Other Identifying Information: WAC 388-273-0035 What we reimburse the local telephone company.

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

Date of Intended Adoption: Not earlier than July 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., July 5, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by June 30, 2005, TTY (360) 664-6178 or phone (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule is to clarify the payment limits for reimbursable services under the Washington telephone assistance program.

Reasons Supporting Proposal: This change will clarify WAC for workers, telephone companies, the public, and clients, and keep the WTAP fund operating within budget.

Statutory Authority for Adoption: RCW 80.36.440.

Statute Being Implemented: RCW 80.36.410 through 80.36.470.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Amber Gillum, 1009 College S.E., Lacey, WA 98504, (360) 725-4612.

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. The department's limitation of reimbursement to the first connection at a given address is consistent with the current WTAP benefit structure.

A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(iv) which states in-part, "[t]his section does not apply to....rules that clarify language of a rule without changing its effect."

May 25, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3524.1
AMENDATORY SECTION(Amending WSR 04-13-136, filed 6/22/04, effective 7/23/04)

WAC 388-273-0035   What we reimburse the local telephone company.   (1) Within available funding limits, we reimburse local telephone companies for fully documented administrative and program expenses associated with WTAP. The reimbursable expenses are limited to:

(a) Program services provided to eligible households June 1, 2003 and beyond, and after eligibility for WTAP is verified;

(i) Monthly flat rate service.

We reimburse the local telephone company an amount equal to the monthly flat rate of the incumbent local exchange carrier providing service in the customer's exchange area, minus the WTAP assistance rate set by the commission, and minus the amount of federal lifeline program reimbursement available to an eligible telecommunications carrier. An "incumbent local exchange carrier" is a telephone company in the U.S. that was providing local service when the Telecommunications Act of 1996 was enacted, and is required to file tariffs with the commission. For all exchange areas, the WTAP reimbursement shall be limited to not more than nineteen dollars for each eligible household.

(ii) Connection fee.

We reimburse the local telephone company an amount equal to one-half the connection fee rate or twenty-two dollars, whichever is less, for your first connection at a given address. If you move, we will reimburse the local telephone company for your first connection at the new address.

(iii) Waiver of local deposit.

We reimburse the local telephone company an amount up to two times the WTAP assistance rate.

(b) Correct, verifiable billing items;

(c) One monthly invoice and supporting documentation submitted and received by WTAP by the fifteenth day following the month the expense occurred;

(d) Items charged in error that have been corrected within thirty days from the date we return the report of invoicing error to the local phone company;

(e) Salaries and benefits for time required to implement and maintain WTAP, with the exception that time required for the correction of billing, case number and client identification errors is not an allowable expense;

(f) Travel expenses for attending hearings, meetings, or training pertaining to WTAP;

(g) Expenses for supplies and materials for implementing and maintaining WTAP;

(h) Postage and handling for delivery of WTAP material;

(i) Administrative charge for change of service orders specified by tariffs; and

(j) Preapproved documented indirect costs associated with implementing and maintaining WTAP.

[Statutory Authority: RCW 74.08.090, 80.36.440, 2003 c 134. 04-13-136, 388-273-0035, filed 6/22/04, effective 7/23/04. Statutory Authority: RCW 74.08.090, 80.36.440. 01-09-023, 388-273-0035, filed 4/9/01, effective 6/1/01.]

Washington State Code Reviser's Office