WSR 11-18-092

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 7, 2011, 9:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-15-094.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-460-0035 When is a protective payee assigned for mismanagement of funds?

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 October 11, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 12, 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 October 11, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 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 amend WAC 388-460-0035 to assign a protective payee to a person receiving public assistance if the recipient violates electronic benefit transfer (EBT) restrictions two or more times.

Reasons Supporting Proposal: These changes are necessary to conform to ESSB 5921, section 14.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08.580.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08.580.

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: Allen Shanafelt, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4631.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. The proposed amendments allow the department to assign a protective payee to a person receiving public assistance if the recipient violates EBT restrictions two or more times.

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."

August 31, 2011

Katherine I. Vasquez

Rules Coordinator

4312.3
AMENDATORY SECTION(Amending WSR 02-14-083, filed 6/28/02, effective 7/1/02)

WAC 388-460-0035   When is a protective payee assigned for mismanagement of funds?   (1) The decision to assign a person to a protective payee because of mismanagement of funds must be based on law or with proof the client is unable to manage their cash benefits. The proof must be current and show how this threatens the well being of a child or client on ((TANF/SFA, GA or WCCC)) public assistance. Examples of proof are:

(a) Department employees or others observe that the client or client's children are hungry, ill, or not adequately clothed;

(b) Repeated requests from the client for extra money for basic essentials such as food, utilities, clothing, and housing;

(c) A series of evictions or utility shut off notices within the last twelve months;

(d) Medical or psychological evaluations showing an inability to handle money;

(e) Persons having had ((an ADATSA)) a chemical dependency assessment and who are participating in ((ADATSA-funded)) chemical dependency treatment;

(f) ((Not paying an in home child care provider for services when payment has been issued to the client by the department for that purpose;

(g))) A complaint from businesses showing a pattern of failure to pay bills or rent;

(((h))) (g) ((Using public assistance electronic benefits transfer (EBT) card or cash obtained through EBT to purchase or pay for lottery tickets, pari-mutuel wagering, or any of the activities authorized under chapter 9.46 RCW)) Notice from the office of fraud and accountability that a client illegally used a public assistance electronic benefits transfer (EBT) card or cash obtained with an EBT card two or more times. Illegal use includes infractions, felonies, or violations referenced in WAC 388-412-0046 or WAC 388-446-0020.

(2) A lack of money or a temporary shortage of money because of an emergency does not constitute mismanagement.

(3) When a client has a history of mismanaging money, benefits can be paid through a protective payee or directly to a vendor.

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, 388-460-0035, filed 6/28/02, effective 7/1/02.]

Washington State Code Reviser's Office