WSR 05-15-147



(Economic Services Administration)

[ Filed July 19, 2005, 4:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-091.

Title of Rule and Other Identifying Information: WAC 388-492-0040 Can I choose whether I get WASHCAP or Basic Food benefits?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 450 10th Avenue S.E., Lacey, WA, on August 23, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 24, 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, fax (360) 664-6185, by 5:00 p.m., August 23, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 19, 2005, TTY (360) 664-6178 or phone (360) 664-6097 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule changes are necessary to implement federal rules that require the department to adjust certain standards used in food benefit programs every year based on the consumer price index (CPI). The approved Washington combined application program (WASHCAP) state plan waivers specifically require the opt-out threshold standard included among those standards requiring such annual adjustment.

This rule is currently being litigated and there may be an additional change made to the proposed rule as mandated by the superior court. If such a change is required, it will be read into this proposed rule at the public hearing.

Reasons Supporting Proposal: All relevant shelter cost based standards must be calibrated annually based on the CPI inflation factors, as specified in federal rule and the WASHCAP state plan waivers. This rule change will ensure the opt-out threshold is updated consistent with all other shelter and utility standards in both the regular food stamp program and WASHCAP.

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

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

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: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 725-4615.

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, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit 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."

July 12, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 05-08-009, filed 3/25/05, effective 4/25/05)

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) Your non-utility shelter costs as defined in WAC 388-450-0190 (1)(a) through (d) are more than five hundred ((twenty-seven)) forty-four dollars a month;

(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. 05-08-009, 388-492-0040, filed 3/25/05, effective 4/25/05; 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.]

Washington State Code Reviser's Office