WSR 13-07-019

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 12, 2013, 2:14 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-08-063.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-440-0001 Exceptions to rule, 388-440-0005 How am I informed of the decision on my request to the department for an exception to rule?, 388-452-0005 Do I have to be interviewed in order to get benefits?, and 388-460-0001 Who may be issued cash, child care, medical and Basic Food benefits?

Hearing Location(s): Office Building 2, 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), on April 23, 2013, at 10:00 a.m

Date of Intended Adoption: Not earlier than April 24, 2013.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 23, 2013.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 9, 2013, 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 to amend the above rules to remove medical language references from exception to rule, interview requirements and benefit issuances sections. These changes are necessary as the health care authority (HCA) is creating new rules under TITLE 182 WAC.

Reasons Supporting Proposal: These changes are necessary to comply with 2E2SHB 1738, Laws of 2011, which designated HCA as the single state agency responsible for the administration and supervision of Washington's medicaid programs.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

Statute Being Implemented: 2E2SHB 1738, Laws of 2011.

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: Leslie Kozak, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4589.

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.

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."

March 11, 2013

Katherine I. Vasquez

Rules Coordinator

4396.3
AMENDATORY SECTION(Amending WSR 04-05-010, filed 2/6/04, effective 3/8/04)

WAC 388-440-0001   Exceptions to rule.   (1) The secretary of the department, or designee, authorizes department staff to request an exception to a rule in the Washington Administrative Code (WAC) for individual cases((, except as noted in subsection (5) of this section,)) when:

(a) The exception would not contradict a specific provision of federal law or state statute; and

(b) The client's situation differs from the majority; and

(c) It is in the interest of overall economy and the client's welfare; and

(d) It increases opportunities for the client to function effectively; or

(e) A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment.

(2) The secretary or the secretary's designee makes the final decision on all requests for exceptions to a rule.

(3) Clients have no fair hearing rights as defined under chapter 388-02 WAC regarding exception to rule decisions by department staff.

(4) Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC.

(((5) This section does not apply to requests for noncovered medical or dental services or related equipment. See WAC 388-501-0160.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-05-010, 388-440-0001, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 00-03-034, 388-440-0001, filed 1/12/00, effective 2/12/00; 98-16-044, 388-440-0001, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 07-18-053, filed 8/31/07, effective 10/1/07)

WAC 388-440-0005   How am I informed of the decision on my request to the department for an exception to rule?   (1) You will receive the decision in writing within ten days when department staff:

(a) Decides not to file the exception to rule request; or

(b) Decides to approve or deny the exception to rule request.

(2) The notice includes information on how to file a complaint as specified in chapter 388-426 WAC.

(((3) This section does not apply to notification requirements for exceptions to rules concerning noncovered medical or dental services or related equipment. See WAC 388-501-0160.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 07-18-053, 388-440-0005, filed 8/31/07, effective 10/1/07; 00-03-034, 388-440-0005, filed 1/12/00, effective 2/12/00; 98-16-044, 388-440-0005, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 10-01-165, filed 12/22/09, effective 1/22/10)

WAC 388-452-0005   Do I have to be interviewed in order to get cash and Basic Food benefits?   (1) ((Unless you are applying for medical only,)) You or your authorized representative must have an interview with the department:

(a) At initial certification; and

(b) At least once every twelve months.

(2) ((An interview is not required if you are applying for or recertifying medical benefits only. If we deny your application for cash or Basic Food because you did not have an interview, we continue to process your request for medical benefits.

(3))) You will have just one interview even if you are applying for or are having a review for benefits from more than one program.

(((4))) (3) We hold interviews either in person or over the phone.

(((5))) (4) If we do not interview you on the same day that we receive your application, we will schedule an interview appointment for you or have you contact us by phone during our business hours to complete your interview.

(((6))) (5) If we schedule an interview, we will set your appointment to allow you at least ten days after the interview to provide needed verification:

(a) Before the end of the thirty-day processing period for applications; or

(b) Before your certification period ends for eligibility reviews or recertifications.

(((7))) (6) If you miss your first interview and ask for another interview within thirty days of the date you applied for benefits, we schedule a second interview or have you call us and complete the interview over the phone.

(((8))) (7) If you must have an interview for benefits, you or someone who can give us the information we need about your AU must participate in the interview. You may ask any person you choose to help with your interview.

(((9))) (8) For Basic Food only, your authorized representative as described in WAC 388-460-0005 may take your place during your interview.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.120, 74.08A.903, and 7 C.F.R. 273.9. 10-01-165, 388-452-0005, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-10-102, 388-452-0005, filed 5/4/04, effective 7/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 7 C.F.R. 273.2(e). 03-18-113, 388-452-0005, filed 9/2/03, effective 11/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, 388-452-0005, filed 6/21/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 01-14-060, 388-452-0005, filed 6/29/01, effective 8/1/01; 00-22-087, 388-452-0005, filed 10/31/00, effective 12/1/00. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 42 C.F.R. 435.907. 99-11-075, 388-452-0005, filed 5/18/99, effective 6/18/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-452-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0420.]


AMENDATORY SECTION(Amending WSR 03-22-038, filed 10/28/03, effective 12/1/03)

WAC 388-460-0001   Who may be issued cash, child care((, medical)) and Basic Food benefits?   (1) Cash and child care assistance may be issued in the name of the following persons:

(a) A client who is the recipient of the benefits;

(b) An ineligible parent or other relative getting benefits on behalf of an eligible child;

(c) A person, facility, organization, institution or agency acting as a protective payee or representative payee for a client;

(d) A guardian or agent acting on behalf of a client; or

(e) A vendor of goods or services supplied to an eligible client.

(2) ((When medical coverage accompanies cash assistance, the medical identification (MAID) card for the assistance unit members is issued in the name of the person listed as payee for the cash benefit.

(3) For other medical assistance units, the MAID card is issued to the person named as the head of the assistance unit.

(4))) Basic Food benefits are issued to the person named as the head of the assistance unit for Basic Food.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-038, 388-460-0001, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, 388-460-0001, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-460-0001, filed 7/31/98, effective 9/1/98.]