WSR 06-24-024

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 29, 2006, 1:50 p.m. , effective January 1, 2007 ]


Effective Date of Rule: January 1, 2007.

Purpose: The department is amending WAC 388-408-0040 How does living in an institution affect my eligibility for Basic Food?, 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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-408-0040.

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

Other Authority: 7 U.S.C. 2012 and 7 C.F.R. 273.1.

Adopted under notice filed as WSR 06-21-118 on October 17, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: November 27, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3808.2
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))) Authorized as a retailer by the U.S. Department of Agriculture, Food and Nutrition Service; or

(b) Operated by a private nonprofit organization; and

(c) 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