WSR 13-18-006

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Community Services Division)

[Filed August 22, 2013, 8:35 a.m., effective October 1, 2013]

Effective Date of Rule: October 1, 2013.

Purpose: The department is amending 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?

The community services division, in collaboration with health care authority, is amending these WACs to eliminate medical language references from Title 388 WAC effective October 1, 2013.

Citation of Existing Rules Affected by this Order: Amending WAC 388-440-0001, 388-440-0005, 388-452-0005, and 388-460-0001.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510.

Other Authority: 2E2SHB 1738, chapter 15, Laws of 2011.

Adopted under notice filed as WSR 13-07-019 on March 12, 2013.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: August 14, 2013.

Katherine I. Vasquez

Rules Coordinator

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

(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.))

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.))

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.

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.