WSR 10-23-107

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 17, 2010, 8:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-18-104.

Title of Rule and Other Identifying Information: The department is proposing changes to the following WAC 388-418-0005 How will I know what changes I must report?

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 December 21, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 22, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 21, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 7, 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 amendments to WAC 388-418-0005 to reflect reporting requirements for Basic Food categorically eligible households (as defined under WAC 388-414-0001) when their income exceeds two hundred percent of the federal poverty guidelines. Previously, households were required to report when income went over one hundred thirty percent of the federal poverty level. The proposed amendments under this filing will be consistent with federal regulations and guidance.

Reasons Supporting Proposal: The United States Department of Agriculture, Food and Nutrition Service (FNS) enforces the provisions of the federal food stamp program as set forth under the Food and Nutrition Act of 2008, guidance provided by FNS (12/15/2009), and the program requirements established in Title 7 of the United States Code of Federal Regulations. This change will help in the department's efforts to increase the Basic Food accuracy rate.

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.

November 9, 2010

Katherine I. Vasquez

Rules Coordinator

4243.4
AMENDATORY SECTION(Amending WSR 10-07-007, filed 3/4/10, effective 4/4/10)

WAC 388-418-0005   How will I know what changes ((I must)) to report?   You must report changes to the department based on the kinds of assistance you receive. 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)) (1), 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, 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:

(i) Residence;

(ii) Marital status;

(iii) Living arrangement;

(iv) Income;

(v) Resources;

(vi) Medical expenses; and

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

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

(i) You move;

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

(iii) Your resources change; or

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

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

(i) You move;

(ii) Someone moves out of your home;

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

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

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

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

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

(A) Get a job or change employers;

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

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

(D) Stop working.

(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:

(i) You move;

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

(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.

(2) If you do not receive assistance from any of the programs listed in subsection (((a) through (e) of this section)) (1), but you do receive benefits from any of the programs listed in ((subsections (f) through (i) of this section)) subsection (2), you must report changes for the people in your assistance unit under chapter 388-408 WAC, based on all the benefits you receive.

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

(i) If your household is a categorically eligible household as defined under WAC 388-414-0001, tell us if your total gross monthly income is more than ((the gross monthly income limit under WAC 388-478-0060)) two hundred percent of the federal poverty level; or

(ii) For all other households tell us if your total monthly income is more than the maximum gross monthly income as described in WAC 388-478-0060; or

(iii) 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.

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

(i) You move; or

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

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

(i) You move; or

(ii) You are no longer pregnant.

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

(i) You move; or

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

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 10-07-007, 388-418-0005, filed 3/4/10, effective 4/4/10. 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