WSR 07-05-053

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 16, 2007, 2:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-14-037.

Title of Rule and Other Identifying Information: WAC 388-406-0040 What happens if the processing of my application is delayed?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E., and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on March 27, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 28, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on March 27, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by March 23, 2007, TTY (360) 664-6178 or (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 amended rule describes the department's current policy on when we deny food benefits for households that fail to keep or reschedule an intake interview.

Reasons Supporting Proposal: Revisions to the chapter are needed to clarify delayed application processing and actions on applications that are thirty days old for the Basic Food program consistent with provisions under Title 7 C.F.R. 273.2. Other amendments for the purposes of clarifying rule text may be incorporated with this revision.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 7 C.F.R. 273.2.

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: Bill Callahan, 1009 College S.E., Lacey, WA 98504, (360) 725-4619.

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 defining how we issue cash and Basic Food benefits to eligible households, and describing what circumstances must exist for the department to replace unused cash or Basic Food benefits that we cancelled out of an unused electronic benefits transfer (EBT) account.

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."

February 14, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3835.1
AMENDATORY SECTION(Amending WSR 03-22-039, filed 10/28/03, effective 12/1/03)

WAC 388-406-0040   What happens if the processing of my application is delayed?   (1) We process your application for benefits as soon as possible. We do not intentionally delay processing your application for benefits for any reason. If we have enough information to decide eligibility for:

(a) Basic Food, we promptly process your request for benefits even if we need more information to determine eligibility for cash or medical;

(b) Medical assistance, we promptly process your request for medical even if we need more information to determine eligibility for cash or Basic Food.

(2) If your application for Basic Food assistance is not processed within the first thirty days, you have completed your required interview under WAC 388-452-0005 and we have enough information to determine eligibility, we promptly process your application. If additional information is needed to determine eligibility, we give you:

(a) A written request for the additional information; and

(b) An additional thirty days to provide the information.

(3) If you fail to keep or reschedule your interview in the first thirty calendar days after filing your application, your application will be denied on the thirtieth day. If you are still interested in Basic Food benefits, you will need to reapply. Benefits will be based on your second application date.

(4) If we have not processed your application for Basic Food by the sixtieth day and:

(a) You are responsible for the delay, we deny your request for benefits.

(b) If we are responsible for the delay, we:

(((a))) (i) Promptly process your request if we have the information needed to determine eligibility; or

(((b))) (ii) Deny your request if we don't have enough information to determine eligibility. If we deny your request we notify you of your right to file a new application and that you may be entitled to benefits lost.

(5) If you reapply by the sixtieth day of your first application, met your interview requirements under WAC 388-452-0005, and are eligible, we give you benefits lost from:

(((i))) (a) The date of your first application if we caused the delay in the first thirty days; or

(((ii))) (b) The month following the month of your first application if you caused the delay in the first thirty days.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, 388-406-0040, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, 388-406-0040, filed 6/21/02, effective 7/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-406-0040, 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, 388-406-0040, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0480.]

Washington State Code Reviser's Office