WSR 10-03-067

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 15, 2010, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-15-133.

Title of Rule and Other Identifying Information: The department is proposing changes to WAC 388-418-0005 How will I know what changes I must report? and 388-416-0005 How long can I get Basic Food?

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://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on February 23, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 24, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m., on February 23, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by February 9, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to expand "simplified reporting" to elderly or disabled households that do not receive food benefits through the Washington combined application program (WASHCAP) by reducing the certification period from twenty-four to twelve months with no midcertification review requirement for Basic Food. This option under the 2008 farm bill reduces the changes elderly or disabled households must report under the Washington Basic Food program.

The department is also proposing to clarify what relative and nonrelative caregivers must report regarding the children in their care.

Reasons Supporting Proposal: The United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) approved this change to our current simplified reporting waiver, but did not approve our request to require households subject to simplified reporting to report when they move. Thus, the current requirement for Basic Food household under simplified reporting to report when they move has been removed from the draft language.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.010.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.010.

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: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.

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 simplifying reporting requirements for Washington Basic Food program and clarifying reporting requirements for relative and nonrelative caregivers of children.

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, "This 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 the reporting requirements for Washington Basic Food program and reporting requirements for relative and nonrelative caregivers for children as outlined in WAC 388-416-0005 and 388-418-0005.

January 12, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

4155.3
AMENDATORY SECTION(Amending WSR 05-19-060, filed 9/16/05, effective 11/1/05)

WAC 388-416-0005   How long can I get Basic Food?   (1) The length of time the department determines your assistance unit (AU) is eligible to get Basic Food is called a certification period. The department may certify your AU for up to:

(a) Six months if your AU:

(i) Includes an able-bodied adult without dependents (ABAWD) who receives Basic Food in your AU and your AU does not live in an exempt area as described in WAC 388-444-0030;

(ii) Includes a person who receives ADATSA benefits as described in chapter 388-800 WAC;

(iii) Is considered homeless under WAC 388-408-0050; or

(iv) Includes a migrant or seasonal farmworker as described under WAC 388-406-0021.

(b) ((Twenty-four months if all adults in your AU are elderly persons or individuals with disabilities and no one in your AU has earned income.

(c))) Twelve months if your AU does not meet any of the conditions for six ((or twenty-four)) months.

(2) If you receive transitional food assistance, we set your certification period as described under WAC 388-489-0015.

(3) If your AU is homeless or includes an ABAWD when you live in a nonexempt area, we may shorten your certification period.

(4) We terminate your Basic Food benefits when:

(a) We get proof of a change that makes your AU ineligible; or

(b) We get information that your AU is ineligible; and

(c) You do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, 388-416-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-08-124, 388-416-0005, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, 388-416-0005, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, 388-416-0005, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-107, 388-416-0005, filed 5/21/01, effective 7/1/01; 99-16-024, 388-416-0005, 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, 388-416-0005, filed 7/31/98, effective 9/1/98.]

4150.3
AMENDATORY SECTION(Amending WSR 07-20-042, filed 9/26/07, effective 10/27/07)

WAC 388-418-0005   How will I know what changes I must report?   You must report changes to the department based on the kinds of assistance you receive. ((The set of changes you must report for people in your assistance unit under chapter 388-408 WAC is based on the benefits you receive that require you to report the most changes. It is the first program that you receive benefits from in the list below.

For example:

If you receive long term care and Basic Food benefits, you tell us about changes based on the long term care requirements because it is the first program in the list below you receive benefits from.)) We inform you of your reporting requirements on letters we send you about your benefits. Please follow the steps below to determine the types of changes you must report:

(1) If you receive assistance from any of the programs listed in subsection (a) through (e) of this section, you must report changes for people in your assistance unit under chapter 388-408 WAC, based on the first program you receive benefits from.

(a) If you receive long term care benefits such as a home and community based waiver (Basic, Basic Plus, ((chore, community protection, COPES, nursing home, Hospice, or medically needy waiver)) CORE, Community Protection, COPES, New Freedom, Medically Needy), care in a medical institution (nursing home, hospice care center, state veterans home, ICF/MR, RHC) or hospice, you must tell us if you have a change of:

(((a) Address)) (i) Residence;

(((b))) (ii) Marital status;

(((c))) (iii) Living arrangement;

(((d))) (iv) Income;

(((e))) (v) Resources;

(((f))) (vi) Medical expenses; and

(((g))) (vii) If we allow you expenses for your spouse or dependents, you must report changes in their income or shelter cost.

(((2))) (b) If you receive medical benefits based on age, blindness, or disability (SSI-related medical), or ADATSA benefits, you need to tell us if:

(((a))) (i) You move;

(((b))) (ii) A family member moves into or out of your home;

(((c))) (iii) Your resources change; or

(((d))) (iv) Your income changes. This includes the income of you, your spouse or your child living with you.

(((3) If you receive Basic Food and all adults in your assistance unit are elderly persons or individuals with disabilities and have no earned income, you need to tell us if:

(a) You move;

(b) You start getting money from a new source;

(c) Your income changes by more than fifty dollars;

(d) Your liquid resources, such as your cash on hand or bank accounts, are more than two thousand dollars; or

(e) Someone moves into or out of your home.

(4))) (c) If you receive cash benefits, other than WorkFirst career services benefits, you need to tell us if:

(((a))) (i) You move;

(((b))) (ii) Someone moves out of your home;

(((c))) (iii) Your total gross monthly income goes over the:

(((i))) (A) Payment standard under WAC 388-478-0030 if you receive general assistance; or

(((ii))) (B) Earned income limit under WAC 388-478-0035 and 388-450-0165 for all other programs;

(((d))) (iv) You have liquid resources more than four thousand dollars; or

(((e))) (v) You have a change in employment. Tell us if you:

(((i))) (A) Get a job or change employers;

(((ii))) (B) Change from part-time to full-time or full-time to part-time;

(((iii))) (C) Have a change in your hourly wage rate or salary; or

(((iv))) (D) Stop working.

(((5))) (d) If you are a relative or nonrelative caregiver and receive cash benefits on behalf of a child in your care but not for yourself or other adults in your household, you need to tell us if:

(i) You move;

(ii) The child you are caring for moves out of the home;

(iii) The child's parent moves into your home;

(iv) The child's earned or unearned income changes (see WAC 388-450-0070 for how we count the earned income of a child);

(v) The child has liquid resources more than four thousand dollars.

(e) If you receive family medical benefits, you need to tell us if:

(((a))) (i) You move;

(((b))) (ii) A family member moves out of your home; or

(((c))) (iii) If your income goes up or down by one hundred dollars or more a month and you expect this income change will continue for at least two months.

If you do not receive assistance from any of the programs listed in subsection (a) through (e) of this section, but you do receive benefits from any of the programs listed in subsections (f) through (i) of this section, you must report changes for the people in your assistance unit under chapter 388-408 WAC, based on all the benefits you receive.

(((6))) (f) If you receive Basic Food benefits, you need to tell us if:

(((a) You move;

(b))) (i) Your total gross monthly income is more than the gross monthly income limit under WAC 388-478-0060; or

(((c))) (ii) Anyone who receives food benefits in your assistance unit must meet work requirements under WAC 388-444-0030 and their hours at work go below twenty hours per week.

(((7))) (g) If you receive children's medical benefits, you need to tell us if:

(((a))) (i) You move; or

(((b))) (ii) A family member moves out of the house.

(((8))) (h) If you receive pregnancy medical benefits, you need to tell us if:

(((a))) (i) You move; or

(((b))) (ii) You are no longer pregnant.

(((9))) (i) If you receive other medical benefits, you need to tell us if:

(((a))) (i) You move; or

(((b))) (ii) A family member moves out of the home.

(((10) If you receive transitional food assistance or WorkFirst career services benefits, you do not have to report any changes in your circumstances.))

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. 07-20-042, 388-418-0005, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, 388-418-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280. 05-09-021, 388-418-0005, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-21-026, 388-418-0005, filed 10/13/04, effective 11/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-026, 388-418-0005, filed 2/23/04, effective 3/25/04; 03-21-028, 388-418-0005, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, 388-418-0005, filed 5/21/01, effective 7/1/01; 99-23-034, 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-418-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office