SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Preproposal statement of inquiry was filed as WSR 10-16-151.
Title of Rule and Other Identifying Information: The community services division (CSD) is proposing to amend WAC 388-406-0030 Do I need to submit other information after I apply for benefits? and 388-490-0005 The department requires proof before authorizing benefits for cash, medical, and Basic Food.
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 firstname.lastname@example.org.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments are needed to clarify when the department can allow clients more time to provide information needed to determine eligibility for benefits. The proposed rules changes would allow more time to send in proof of income and other documents when clients are cooperating with the application process rules. These changes will improve consistency between these and other related rules.
Reasons Supporting Proposal: The rule changes will clarify when the department can allow clients more time to provide information needed to determine eligibility for benefits.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Rule is necessary because of federal law, 7 C.F.R. § 273.2.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.
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 changing the way income and resources may or may not be deemed to sponsored aliens that are otherwise eligible for federal supplemental nutrition assistance program (SNAP) benefits under the Basic Food program.
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."
November 9, 2010
Katherine I. Vasquez
(a) A written request for what is needed and for proof if required under WAC 388-490-0005; and
(b) At least ten calendar days to give us the information.
(2) If you ask orally or in writing for additional time to give us requested information, then we give you at least ten additional calendar days.
(3) If your application is delayed beyond time limits under WAC 388-406-0040, and we can't determine your eligibility, we deny your application for benefits.
(4) If you give us some of the information we
,)) in subsection (1) above, but we can't determine
if you are eligible, we allow you more time to turn in the
rest of the information unless you are refusing to cooperate.
We give you:
(a) A written request for what is still needed to determine eligibility; and
(b) At least ten ((
additional)) more calendar days to
give us the information.
(4))) (5) If we deny your application and you meet the
conditions described under WAC 388-406-0065, we will
reconsider your eligibility for benefits without requiring a
(6) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you comply with the requirements of this section.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-11-137, § 388-406-0030, 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, § 388-406-0030, filed 7/31/98, effective 9/1/98.]
(1) When you first apply for benefits, the department may require you to provide proof of things that help us decide if you are eligible for benefits. This is also called "verification." The types of things that need to be proven are different for each program.
(2) After that, we will ask you to give us proof when:
(a) You report a change;
(b) We find out that your circumstances have changed; or
(c) The information we have is questionable, confusing, or outdated.
(3) Whenever we ask for proof, we will give you a notice as described in WAC 388-458-0020.
(4) You must give us the proof within the time limits described in:
(a) WAC 388-406-0030 if you are applying for benefits; and
(b) WAC 388-458-0020 if you currently receive benefits.
(5) We will accept any proof that you can easily get when it reasonably supports your statement or circumstances. The proof you give to us must:
(a) Clearly relate to what you are trying to prove;
(b) Be from a reliable source; and
(c) Be accurate, complete, and consistent.
(6) We cannot make you give us a specific type or form of proof.
(7) If the only type of proof that you can get costs money, we will pay for it.
(8) If the proof that you give to us is questionable or confusing, we may:
(a) Ask you to give us more proof, which may include providing a collateral statement. A "collateral statement" is from someone outside of your residence who knows your situation;
(b) Schedule a visit to come to your home and verify your circumstances; or
(c) Send an investigator from the Division of Fraud Investigations (DFI) to make an unannounced visit to your home to verify your circumstances.
(9) By signing the application, eligibility review, or change of circumstances form, you give us permission to contact other people, agencies, or institutions.
(10) If you do not give us all of the proof that we have asked for, and we have not granted you an extension to give us the rest of the information we need as described in WAC 388-406-0030, we will determine if you are eligible based on the information that we already have. If we cannot determine that you are eligible based on this information, we will deny or stop your benefits.
(11) For all Medicaid programs, you must provide proof of citizenship and identity as specified at Section 6036 of the Deficit Reduction Act of 2005 (PL 106-171 amending USC 1396b). Exempt from this requirement are recipients of:
(a) Title IV-B child welfare services, or Title IV-E adoption assistance or foster care payments;
(b) SSI benefits;
(c) Social Security benefits (based on their own disability); or
[Statutory Authority: RCW 74.04.057, 74.08.090, and 74.09.530. 09-02-057, § 388-490-0005, filed 1/5/09, effective 2/5/09. Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.530, and Public Law 109-171, Section 6036. 07-02-066, § 388-490-0005, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-21-029, § 388-490-0005, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 00-08-091, § 388-490-0005, filed 4/5/00, effective 5/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-490-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0460.]