WSR 11-16-100

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 3, 2011, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-08-071.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0015 What types of income does the department not use to figure out my benefits?, 388-455-0005 How do lump sum payments affect benefits?, 388-470-0045 How do my resources count toward the resource limits for cash assistance and family medical programs?, 388-470-0055 How do my resources count towards the resource limit for Basic Food?, 388-475-0550 SSI related medical -- All other excluded resources, and 388-475-0860 SSI related medical -- Income exclusions under federal stature [statute] or other state laws.

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 September 27, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 28, 2011.

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 September 27, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 6, 2011, 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: The department is proposing 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.

The proposal will impact clients who receive any type of public assistance funded in whole or part with federal funds including: Such as temporary assistance for needy families (TANF), supplemental nutrition assistance program (SNAP), and medicaid.

Reasons Supporting Proposal: The proposed amendments are necessary to comply with [a] 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.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.210(4).

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

Rule is necessary because of federal law, and state court decision, Section 728 of Tax relief, Unemployment Insurance reauthorization, and Job Creation Act of 2010 (P.L. 111-312).

Name of Proponent:

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kerry Judge, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4630.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. The proposed rule is necessary to comply with a 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.

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." The proposed rule disregards federal income tax refunds 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.

July 29, 2011

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-17 issue of the Register.

Washington State Code Reviser's Office