WSR 10-13-127

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed June 22, 2010, 2:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-10-076.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-476-0005 to better align with requirements under C.F.R. 273.6 for Basic Food and to update text related to all programs for clarity.

Hearing Location(s): Office Building 2, Auditorium,

DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094), on July 27, 2010, at 10:00 a.m.

Date of Intended Adoption: No earlier than July 28, 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 July 27, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 22 [July 6], 2010, 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: Current WAC states that "a newborn may receive benefits for up to six months from the date of birth if the household is unable to provide proof of application for a SSN at the time of birth." The department's proposed language will clarify that the household may provide proof at the "next recertification or within six months following the month the baby is born, whichever is later."

Reasons Supporting Proposal: The proposed rule will be to better align with requirements under C.F.R. 273.6 for Basic Food which allows the household to provide proof at the "next recertification or within six months following the month the baby is born, whichever is later."

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

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

Rule is necessary because of federal law, Title 7 C.F.R. 273.6.

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. This proposed rule does not have an economic impact on small businesses.

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."

May 24, 2010

Katherine I. Vasquez

Rules Coordinator

4207.1
AMENDATORY SECTION(Amending WSR 03-20-061, filed 9/26/03, effective 10/27/03)

WAC 388-476-0005   Social Security number requirements.   (1) With certain exceptions, each person who applies for or receives cash, medical or food assistance benefits must provide to the department a Social Security number (SSN), or numbers if more than one has been issued. For SSN requirements for immigrants, see WAC 388-424-0009.

(2) If the person is unable to provide the SSN, either because it is not known or has not been issued, the person must:

(a) Apply for the SSN;

(b) Provide proof that the SSN has been applied for; and

(c) Provide the SSN when it is received.

(3) Assistance will not be delayed, denied or terminated pending the issuance of an SSN by the Social Security Administration. However, a person who does not comply with these requirements is not eligible for assistance.

(4) For cash, medical, and food assistance benefits, a person cannot be disqualified from receiving benefits for refusing to apply for or supply an SSN based on religious grounds.

(5) For food assistance programs:

(a) A person can receive benefits for the month of application and the following month if the person attempted to apply for the SSN and made every effort to provide the needed information to the Social Security Administration.

(b) ((A newborn may receive benefits for up to six months from the date of birth if the household is unable to provide proof of application for an SSN at the time of birth)) If a person is unable to provide proof of application for a SSN for a newborn:

(i) The newborn can receive Basic Food with the household while effort is being made to get the SSN.

(ii) For the newborn to continue receiving Basic Food benefits; the household must provide proof of application for SSN or the SSN for the newborn, at the next recertification, or within six months following the month the baby is born, whichever is later.

(6) For medical programs, a newborn as described in WAC 388-505-0210(1) is eligible for categorically needy (CN) medical without meeting the SSN requirement until the baby's first birthday.

(7) There is no SSN requirement for the following programs:

(a) The consolidated emergency assistance program;

(b) The refugee cash and medical assistance program;

(c) The alien emergency medical program;

(d) The state-funded pregnant woman program; and

(e) Detoxification services.

[Statutory Authority: RCW 74.08.090. 03-20-061, 388-476-0005, filed 9/26/03, effective 10/27/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-476-0005, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-476-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0530.]

Washington State Code Reviser's Office