WSR 06-21-118

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 17, 2006, 4:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-12-091.

Title of Rule and Other Identifying Information: WAC 388-408-0040 How does living in an institution affect my eligibility for Basic Food?

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 November 21, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 22, 2006.

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., on November 21, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by November 17, 2006, 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 department is proposing this amendment to update requirements for a resident of a drug or alcohol treatment facility to be eligible for food stamp benefits under the Washington Basic Food program.

Reasons Supporting Proposal: The changes are necessary to expand the definition of a qualified treatment facility eligible for Basic Food benefits consistent with new federal requirements under Administrative Notice 06-08 from the United States Department of Agriculture, Food and Nutrition Service.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Rule is necessary because of federal law, 7 U.S.C. 2012 and 7 C.F.R. 273.1.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 725-4616.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by establishing eligibility rules to facilitate the department meeting federal reporting requirements of hours of participation. The rule impacts which nonprofit drug or alcohol treatment centers are considered an eligible institution for Basic Food. Residents of an eligible institution may be eligible for Basic Food benefits.

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." These rules establish requirements for a nonprofit drug or alcohol treatment facility to be considered an eligible institution for Basic Food. Residents of an eligible institution may be eligible for benefits under the Washington Basic Food program.

October 13, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3808.1
AMENDATORY SECTION(Amending WSR 03-19-118, filed 9/16/03, effective 11/1/03)

WAC 388-408-0040   How does living in an institution affect my eligibility for Basic Food?   (1) For Basic Food, an "institution" means a place where people live that provides residents more than half of three meals daily as a part of their normal services.

(2) Most residents of institutions are not eligible for Basic Food.

(3) If you live in one of the following institutions, you may be eligible for Basic Food even if the institution provides the majority of your meals:

(a) Federally subsidized housing for the elderly;

(b) Qualified drug and alcohol treatment centers when an employee of the treatment center is the authorized representative as described under WAC 388-460-0010;

(c) Qualified DDD group homes for persons with disabilities;

(d) A shelter for battered women and children when the resident left the home that included the abuser; or

(e) Nonprofit shelters for the homeless.

(4) A qualified DDD group home is a nonprofit residential facility that:

(a) Houses sixteen or fewer persons with disabilities as defined under WAC 388-400-0040(6); and

(b) Is certified by the division of developmental disabilities (DDD).

(5) A qualified drug and alcohol treatment center is a residential facility that is:

(a) ((A nonprofit residential facility; and

(b) Is certified by the division of alcohol and substance abuse (DASA))) Is authorized as a retailer by the U.S. Department of Agriculture, Food and Nutrition Service; or

(b) Is operated by a private nonprofit organization; and

(c) Is certified by the division of alcohol and substance abuse (DASA) as:

(i) Receiving funds under part B of title XIX of the Public Health Service Act;

(ii) Eligible to receive funds under part B of title XIX of the Public Health Service Act, but does not receive these funds; or

(iii) Operating to further the purposes of part B of the Public Health Service Act to provide treatment and rehabilitation of drug addicts or alcoholics.

(6) Elderly or disabled individuals and their spouses may use Basic Food benefits to buy meals from the following meal providers if FNS has approved them to accept Basic Food benefits:

(a) Communal dining facility; or

(b) Nonprofit meal delivery service.

(7) If you are homeless, you may use your Basic Food benefits to buy prepared meals from nonprofit organizations the department has certified as meal providers for the homeless.

[Statutory Authority: RCW 74.04.050, 74.04,055 [74.04.055], 74.04.057, 74.04.510. 03-19-118, 388-408-0040, filed 9/16/03, effective 11/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, 388-408-0040, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0040, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office