Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-10-055.

     Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-406-0005 Can I apply for cash, medical, or Basic Food?, 388-406-0035 How long does the department have to process my application?, and 388-406-0045 Is there a good reason my application for cash or medical assistance has not been processed?

     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) 664-6094), on August 25, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than August 26, 2009.

     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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 25, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 4, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule change is to eliminate the forty-five day processing timeframe for general assistance applications filed by a person in confinement in a correctional facility or institution.

     Reasons Supporting Proposal: The proposed amendments are needed to comply with the statutory changes made to RCW 74.08.060 by the enactment of SSB 6024 (chapter 198, Laws of 2009). The governor signed the law on April 23, 2009, which goes into effect on November 1, 2009.

     Statutory Authority for Adoption: RCW 74.08.060, 74.04.050, 74.04.057, and 74.08.090.

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.04.660, and 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: Melissa Mathson, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4563.

     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 defining when applications are accepted and when they will be processed.

     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 affect client applications for benefits.

July 17, 2009

Stephanie E. Schiller

Rules Coordinator

     (2) You must meet certain eligibility requirements in order to receive a program benefit.

     (3) You can apply for someone else if you are:

     (a) A legal guardian, caretaker, or authorized representative applying for:

     (i) A dependent child;

     (ii) An incapacitated person; or

     (iii) Someone who is deceased.

     (b) Applying for someone who cannot apply for some other reason. We may ask why the applicant is unable to apply on their own behalf.

     (4) If you get Supplemental Security Income (SSI), you do not need to apply for medical benefits. We automatically open medical benefits for you.

     (5) A person or agency may apply for GAU or medical assistance for you if:

     (a) You temporarily live out-of-state; and

     (b) You are a Washington state resident.

     (6) When you are confined or incarcerated in a Washington state public institution, you may apply for cash or medical assistance ((within forty-five days prior to your expected release date)) if you meet the following criteria:

     (a) You are confined by or in the following public institutions:

     (i) Department of corrections;

     (ii) City or county jail; or

     (iii) Institution for mental diseases (IMD).

     (b) Staff at the public institution provide medical records including diagnosis by a mental health professional that you have a mental disorder (as defined in the Diagnostic and Statistical Manual of Psychiatric Disorders, most recent edition) that affects your thoughts, mood or behavior so severely that it prevents you from performing any kind of work.

     (7) We will make an eligibility determination for medical assistance prior to your release from confinement and will authorize medical benefits upon your release from confinement when you:

     (a) Meet the criteria of subsection (6) in this section; and

     (b) Were receiving medicaid or general assistance benefits immediately before confinement or within the five years prior to confinement.

     (8) If you meet the criteria in subsection (6) but did not receive medicaid or general assistance benefits within the five years prior to confinement, the department will process your request for medical assistance within the time frames in WAC 388-406-0035.

     (9) If you are applying for assistance for a youth leaving incarceration in a juvenile rehabilitation administration or county juvenile detention facility, you may apply for assistance within forty-five days prior to release. We will process your application for medical assistance when we receive it, and if eligible, we will authorize medical benefits upon the youth's release from confinement.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.060, 74.08.090, 74.09.555, and 2007 c 359. 08-09-042, § 388-406-0005, filed 4/10/08, effective 5/11/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.09.555. 06-08-047, § 388-406-0005, filed 3/30/06, effective 4/30/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-406-0005, 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. 02-11-137, § 388-406-0005, filed 5/21/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-406-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0405 and 388-504-0410.]

     (2) Unless your ((application)) eligibility determination is delayed for good cause under WAC 388-406-0040, we process your application for benefits within thirty calendar days, except:

     (a) If you are pregnant, we must process your application for medical within fifteen working days;

     (b) If you are applying for general assistance (GA-U), alcohol or drug addiction treatment (ADATSA), or medical assistance, we must process your application within forty-five calendar days unless there is good cause as described in WAC 388-406-0045; and

     (c) If you are applying for medical assistance that requires a disability decision, we must process your application within sixty calendar days.

     (3) For calculating time limits, "day one" is the date following the date:

     (a) The department received your application for benefits under WAC 388-406-0010;

     (b) Social Security gets a request for food benefits from a Basic Food assistance unit in which all members either get or are applying for Supplemental Security Income (SSI);

     (c) You are released from an institution if you get or are authorized to get SSI and request Basic Food through Social Security prior to your release.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-406-0035, 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. 02-11-137, § 388-406-0035, filed 5/21/02, effective 7/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-406-0035, 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, § 388-406-0035, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0470.]

     (1) We do not have a good reason for not processing your application for TANF or SFA within thirty days if:

     (a) We did not give or send you a notice of what information we needed to determine your eligibility within twenty days from the date of your application;

     (b) We did not give or send you a notice that we needed additional information or action within five calendar days of the date we learned that more information was needed to determine eligibility;

     (c) We did not process your application within five calendar days from getting the information needed to decide eligibility; and

     (d) We decide good cause exists but do not document our decision in the case record on or before the time limit for processing the application ends.

     (2) We do have a good reason for not processing your application timely if:

     (a) You do not give us the information or take an action needed for us to determine eligibility;

     (b) We have an emergency beyond our control; or

     (c) There is no other available verification for us to determine eligibility and the eligibility decision depends on information that has been delayed such as:

     (i) Medical documentation;

     (ii) For cash assistance, extensive property appraisals; or

     (iii) Out-of-state documents or correspondence.

     (3) For medical assistance, good cause exists only when the department otherwise acted promptly at all stages of the application process.

     (4) For general assistance (GA), good cause exists if you apply when you are confined in a Washington State public institution as defined in WAC 388-406-0005 (6)(a)

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, § 388-406-0045, filed 6/21/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-406-0045, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0480.]

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