WSR 11-08-071

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 6, 2011, 10:20 a.m. ]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-450-0015, 388-455-0005, 388-470-0045, 388-470-0055, 388-475-0550, 388-475-0860, and other related rules.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed amendments are necessary to comply with federal regulations announcement dated December 17, 2010, which requires states to disregard federal income tax refunds received after December 31, 2009, as income in the month received, and as a resource for twelve months when determining eligibility for any program that is funded in whole or part with federal funds, such as TANF, SNAP, and medicaid.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Health and Human Services Administration for Children and Families, and the United States Department of Agriculture Food and Nutrition Service enforces provisions as enacted in the "Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" (P.L. 111-312). The law includes a provision that disregards tax refunds received after December 31, 2009, as income and resources (for a period of twelve months) in programs funded in whole or part with federal funds, included [including] those operated by states. The department will develop amendments to budgeting rules that are consistent with this act.

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 Kerry Judge-Kemp, Program Manager, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4630, fax (360) 725-4905, e-mail judgeka@dshs.wa.gov.

April 6, 2011

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office