WSR 10-20-161

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 6, 2010, 10:39 a.m. ]

Subject of Possible Rule Making: The department plans to amend sections in chapter 388-450 WAC regarding self-employment as it relates to eligibility and benefit levels for cash assistance, Basic Food, and medical programs for children, pregnant women and families.

These changes include amendments to WAC 388-450-0080 What is self-employment income?, 388-450-0085 Does the department count all of my self-employment income to determine if I am eligible for benefits?, and any related rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is proposing to amend these rules to improve consistency between the specified sections, related rules, and generally accepted practices for determining allowable costs of a self-employment business. The rule changes will clarify when the department considers income to be self-employment and how to determine allowable deductions and countable income for self-employed persons.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) publishes federal regulations for the supplemental nutrition assistance program in the Federal Register. Rules published in the federal register are incorporated into the United States Code of Federal Regulations. FNS also issues administrative notices and interim guidance to inform states of new program requirements that are not yet in the United States Code of Federal Regulations.

The state legislature authorizes the department to administer the food stamp program and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.

DSHS incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administration rules for food assistance programs administered under the Washington state combined application program (WASHCAP) and the Washington Basic Food program. The rules proposed and adopted under this filing will be consistent with federal and state requirements, department administered food assistance, cash, and medical programs.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kay Christenson, Basic Food Program Manager, Community Services Division, P.O. Box 45440, Olympia, WA 98504-5440, phone (360) 725-4899, fax (360) 725-4905, e-mail Kay.Christenson@dshs.wa.gov.

October 6, 2010

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office