WSR 05-15-081

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 14, 2005, 4:26 p.m. , effective July 14, 2005 ]


Purpose: DSHS is amending WAC 388-418-0005 How will I know what changes I must report?, to reflect federal reporting requirements for persons receiving food stamp benefits under the Washington Basic Food program.

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

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.205, 74.04.500, 74.04.510.

Other Authority: 7 C.F.R. 273.12 Requirements for change reporting households.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Federal regulations at 7 C.F.R. 273.12 require food stamp households using the reduced reporting requirements under simplified reporting to report when the household income exceeds 130% of the monthly poverty income guideline. This amount is also known as the gross income limit for the food stamp program.

Previous changes to medical reporting requirements inadvertently impacted reporting requirements for Basic Food to be out of compliance with federal regulations. The change to the order of the Basic Food reporting requirements and requirements for children's medical in this filing are necessary to comply with the federal reporting requirements under 7 C.F.R. 273.12 and RCW 74.04.205.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

Andy Fernando, Manager

Rules and Policies Assistance Unit

3557.1
AMENDATORY SECTION(Amending WSR 05-09-021, filed 4/12/05, effective 6/1/05)

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) 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 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

(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 Family Medical benefits, you need to tell us if:

(a) You move;

(b) 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;

(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 Children's Medical benefits, you need to tell us if:

(a) You move; or

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

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

(a) You move; or

(b) You are no longer pregnant.

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

(a) You move; or

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

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280. 05-09-021, 388-418-0005, filed 4/12/05, effective 6/1/05. 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