WSR 05-18-067

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 6, 2005, 4:27 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 388-406-0015 Can I get Basic Food right away?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on October 11, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 12, 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., October 11, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by October 7, 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: Rule amendments are necessary to remove language inconsistent with federal requirements under 7 C.F.R. 273.2; to clarify language pertaining to the requirements of expedited issuance, postponed verifications, and ongoing issuance; and to incorporate information necessary to support the department's implementation of transitional food assistance.

Reasons Supporting Proposal: Current subsection (5)(c)(iii) is contrary to federal requirements for providing expedited services. The current language in the rule also does not clearly describe expedited issuance, postponed verification, and requirements for ongoing issuance.

The department is required to implement transitional food assistance per RCW 74.08A.010. Changes to this rule supplement the implementation.

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, 74.08A.010.

Rule is necessary because of federal law, 7 C.F.R. 273.2.

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."

September 1, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3599.1
AMENDATORY SECTION(Amending WSR 03-22-061, filed 11/3/03, effective 12/4/03)

WAC 388-406-0015   Can I get Basic Food right away?   (1) When the department gets your Basic Food application, we look at your circumstances at the time you applied to see if you can get benefits within five calendar days. This is called "expedited service."

(2) To get expedited service, you must provide proof of who you are and meet one of the following conditions:

(a) Have gross monthly income (before taxes), minus exclusions as defined in WAC 388-450-0015, of under one hundred fifty dollars and have available cash of one hundred dollars or less; or

(b) Have gross monthly income (before taxes), minus exclusions as defined in WAC 388-450-0015, plus available cash of less than your total shelter costs (rent or mortgage and ((utilities)) the utility allowance you are eligible for under WAC 388-450-0195); or

(c) Be a destitute migrant or seasonal farm worker household, under WAC 388-406-0021, and your household's available cash is one hundred dollars or less.

(3) ((To determine the amount of utilities we use to decide if you can get expedited services, we allow the utility allowance your AU is eligible for under WAC 388-450-0195.

(4))) If you are eligible for expedited service and are not required to have an office interview under WAC 388-452-0005, you can((:

(a) Have a telephone interview or a home visit; and

(b) Still get benefits within five days)) have a telephone interview and still get benefits within five days.

(((5))) (4) If you are applying for Basic Food, "day one" of your five-day expedited service period starts on the:

(a) Day after the date you filed your application;

(b) Date you are released from a public institution; or

(c) Date of your interview if you:

(i) Waived your expedited interview and we decide you are eligible for expedited service during your rescheduled interview; or

(ii) Were screened as ineligible for expedited service and we later ((decide)) determine you are eligible for the service during your interview((; or

(iii) Did not ask for expedited service on the application and we decide you are eligible for the service during your interview.

(6) If you get expedited service, we give you benefits for one or two months depending on when you applied. If we need additional information to decide if you are eligible for continued benefits and you applied:

(a) On or before the fifteenth of the month, you have up to thirty days from the date of application to give us the information; or

(b) On or after the sixteenth of the month, you have until the end of the second month to give us the information)).

(5) If you get expedited service, we only require verification of your identity to provide your first benefit issuance within five days. Other required verifications may be postponed.

(6) All postponed verification must be provided for your ongoing eligibility to be determined and any additional benefits to issue. If you applied:

(a) On or before the 15th of the month, we issue one month's benefits and you have up to thirty days from the date of application to give us any postponed verification; or

(b) On or after the 16th of the month, we issue two months' benefits and you have until the end of the second month to give us any postponed verification.

(7) If we can determine ongoing eligibility at your interview and do not need to postpone any required verifications, we will assign you a regular certification period as described in WAC 388-416-0005.

(((7))) (8) If you have received expedited service in the past, you can get this service again if you meet the requirements listed in subsection (2) above and you:

(a) Gave us all the information we needed to ((prove)) determine ongoing eligibility for your last expedited service benefit period; or

(b) Were certified under normal processing standards after your last expedited certification.

(((8))) (9) If you reapply for benefits:

(a) Before your certification period ends, you are not eligible for expedited service;

(b) After your certification period ends, your five-day expedited service period is the same as a new application;

(c) While you receive Transitional Food Assistance as described in chapter 388-489 WAC, you are not eligible for expedited service.

(((9) If you reapply after your certification period ends your five-day expedited service period is the same as a new application.))

(10) If you are denied expedited service, you can ask for a department review of our decision. We review the decision within two working days.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-22-061, 388-406-0015, filed 11/3/03, effective 12/4/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 20 C.F.R. 416.2130. 02-20-068, 388-406-0015, filed 9/30/02, effective 10/31/02. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-036, 388-406-0015, filed 8/28/01, effective 10/1/01. Statutory Authority: RCW 74.04.510 and Section 11 (e)(9) of the Food Stamp Act. 00-06-015, 388-406-0015, filed 2/22/00, effective 4/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-406-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-406-0015, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office