WSR 14-07-101 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed March 18, 2014, 5:20 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-03-117, 13-15-122, 13-15-121, and 12-08-063.
Title of Rule and Other Identifying Information: The department is amending WAC 388-310-0200 WorkFirst—Activities, 388-310-0800 WorkFirst—Support services, 388-400-0005 Who is eligible for temporary assistance for needy families?, 388-400-0010 Who is eligible for state family assistance?, 388-406-0010 How do I apply for cash assistance or Basic Food benefits? and 388-406-0055 When do my benefits start?
Hearing Location(s): Office Building 2, Lookout Room, 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 April 22, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 23, 2014.
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 5:00 p.m., April 22, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 8, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division is proposing to amend the above WACs to add completion of a WorkFirst orientation as a condition of eligibility for individuals applying for TANF/SFA who will be required to participate in WorkFirst activities once TANF/SFA is approved.
Amendments made to WAC 388-406-0055 When do my benefits start?, are being proposed to remove medical reference and to support the creation of the new housing and essential needs (hen) referral program. The proposed amendments regarding medical references and HEN referral are already in place via emergency rule making (WSR 14-02-096) and are being added to this proposal for permanent adoption.
Reasons Supporting Proposal: These proposed amendments are necessary to implement the new WorkFirst orientation as identified in the governor's proposed 2014 supplemental budget. The proposed amendments to WAC 388-406-0055 When do my benefits start?, are necessary as the health care authority (HCA) has recodified medical assistance programs under Title 182 WAC 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 medical assistance programs. Accordingly, the department must eliminate corresponding rules and medical references under Title 388 WAC. Finally, proposed amendments made to WAC 388-406-0055 support the creation of the new HEN referral program. This change is necessary to comply with SHB 2069, chapter 10, Laws of 2013.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.62.030, 74.09.035, 74.08.090, 74.09.530, and 41.05.021.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.62.030, 74.09.035, 74.08.090, 74.09.530, and 41.05.021.
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 rule does 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 13, 2104 [2014]
Katherine I. Vasquez
Rules Manager
AMENDATORY SECTION (Amending WSR 12-12-031, filed 5/29/12, effective 7/1/12)
WAC 388-310-0200 WorkFirst—Activities.
(1) Who is required to participate in WorkFirst activities?
(a) You are required to participate in the WorkFirst activities in your individual responsibility plan, and become what is called a "mandatory participant," if you((:
(i))) are receiving TANF or SFA cash assistance because you are pregnant or the parent or adult in the home((; and
(ii) Are not exempt. For exemptions see WAC 388-310-0300 and 388-310-0350)).
(b) Mandatory participants may be exempt from participation under WAC 388-310-0300 and 388-310-0350.
(c) Participation is voluntary for all other WorkFirst participants (those who no longer receive or have never received TANF or SFA cash assistance).
(((c) If you are a mandatory participant who was suspended from WorkFirst participation under RCW 74.08A.260 (8)(a), the department will restore your participation requirements between July 1, 2012 and June 30, 2013 in a priority order, beginning with participants who are closest to reaching their TANF time limit.))
(2) What activities do I participate in when I enter the WorkFirst program?
When you enter the WorkFirst program, you will participate in one or more of the following activities (which are described in more detail in other sections of this chapter):
(a) Paid employment (see WAC 388-310-0400 (2)(a) and 388-310-1500);
(b) Self employment (see WAC 388-310-1700);
(c) Job search (see WAC 388-310-0600);
(d) Community jobs (see WAC 388-310-1300)
(e) Work experience (see WAC 388-310-1100);
(f) On-the-job training (see WAC 388-310-1200);
(g) Vocational educational training (see WAC 388-310-1000);
(h) Basic education activities (see WAC 388-310-0900);
(i) Job skills training (see WAC 388-310-1050);
(j) Community service (see WAC 388-310-1400);
(k) Activities provided by tribal governments for tribal members and other American Indians (see WAC 388-310-1400(1) and 388-310-1900);
(l) Other activities identified by your case manager on your individual responsibility plan that will help you with situations such as drug and/or alcohol abuse, homelessness, or mental health issues; and/or
(m) Activities identified by your case manager on your individual responsibility plan to help you cope with family violence as defined in WAC 388-61-001; and/or
(n) Up to ten hours of financial literacy activities to help you become self-sufficient and financially stable.
(3) If I am a mandatory participant, how much time must I spend doing WorkFirst activities?
If you are a mandatory participant, you will be required to participate in the activities in your individual responsibility plan, and may be required to participate full time, working, looking for work or preparing for work. You might be required to participate in more than one part-time activity at the same time that adds up to full time participation. You will have an individual responsibility plan (described in WAC 388-310-0500) that includes the specific activities and requirements of your participation.
(4) What activities do I participate in after I get a job?
You may be required to participate in other activities, such as job search or training once you are working twenty hours or more a week in a paid unsubsidized job, to bring your participation up to full time.
You may also engage in activities if you are working full time and want to get a better job.
AMENDATORY SECTION (Amending WSR 13-02-048, filed 12/24/12, effective 2/1/13)
WAC 388-310-0800 WorkFirst—Support services.
(1) Who can get support services?
People who can get support services include:
(a) WorkFirst participants who receive a TANF cash grant;
(b) Sanctioned WorkFirst participants during the required participation before the sanction is lifted or applicants who were terminated while in noncompliance sanction who are doing activities required to reopen cash assistance (WAC 388-310-1600);
(c) TANF/SFA applicants as needed to meet the WorkFirst orientation requirements under WAC 388-400-0005(2) or 388-400-0010(3);
(d) Unmarried or pregnant minors who are income eligible to receive TANF and are:
(i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or
(ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangement and/or meeting the school requirements.
(((d))) (e) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.
(2) Why do I receive support services?
Although not an entitlement, you may receive support services for the following reasons:
(a) To help you participate in work and WorkFirst activities that lead to independence.
(b) To help you to participate in job search, accept a job, keep working, advance in your job, and/or increase your wages.
(c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 170-290 WAC describes the rules for this child care assistance program.)
(3) What type of support services may I receive and what limits apply?
There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Some types of support services have dollar limit restrictions.
The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the restrictions that apply.
Definitions:
• Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.
•• Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence.
••• Some support services are available if you need them for other required activities in your IRP.
(4) What are the other requirements to receive support services?
Other restrictions on receiving support services are determined by the department or its agents. They will consider whether:
(a) It is within available funds; and
(b) It does not assist, promote, or deter religious activity; and
(c) There is no other way to meet the cost.
(5) What happens to my support services if I do not participate as required?
The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.
AMENDATORY SECTION (Amending WSR 11-22-042, filed 10/27/11, effective 12/1/11)
WAC 388-400-0005 Who is eligible for temporary assistance for needy families?
(1) You can get temporary assistance for needy families (TANF), if you:
(a) Can be in a TANF/SFA assistance unit as allowed under WAC 388-408-0015 through 388-408-0030;
(b) Meet the citizenship/alien status requirements of WAC 388-424-0010;
(c) Live in the state of Washington. A child must live with a caretaker relative, guardian, or custodian who meets the state residency requirements of WAC 388-468-0005;
(d) Do not live in a public institution unless specifically allowed under RCW 74.08.025;
(e) Meet TANF/SFA:
(i) Income requirements under chapter 388-450 WAC;
(ii) Resource requirements under chapter 388-470 WAC; and
(iii) Transfer of property requirements under chapter 388-488 WAC.
(f) Assign your rights to child support as required under WAC 388-422-0005;
(g) Cooperate with the division of child support (DCS) as required under WAC 388-422-0010 by helping them:
(i) Prove who is the father of children applying for or getting TANF or SFA; and
(ii) Collect child support.
(h) Tell us your Social Security number as required under WAC 388-476-0005;
(i) Cooperate in a review of your eligibility as required under WAC 388-434-0005;
(j) Cooperate in a quality assurance review as required under WAC 388-464-0001;
(k) Participate in the WorkFirst program as required under chapter 388-310 WAC;
(l) Report changes of circumstances as required under WAC 388-418-0005; and
(m) Complete a mid-certification review and provide proof of any changes as required under WAC 388-418-0011.
(2) If you apply for TANF, have not received TANF or SFA within the past thirty days, and will be a mandatory WorkFirst participant as described in WAC 388-310-0200 once approved, you must complete a WorkFirst orientation before we approve your application.
(3) If you are an adult, you must have an eligible child living with you or you must be pregnant and meet the requirements of WAC 388-462-0010.
(((3))) (4) If you are an unmarried pregnant teen or teen parent:
(a) Your living arrangements must meet the requirements of WAC 388-486-0005; and
(b) You must attend school as required under WAC 388-486-0010.
(((4))) (5) In addition to rules listed in subsection (1) of this section, a child must meet the following rules to get TANF:
(a) Meet the age requirements under WAC 388-404-0005; and
(b) Live in the home of a relative, court-ordered guardian, court-ordered custodian, or other adult acting in loco parentis as required under WAC 388-454-0005; or
(c) If the child lives with a parent or other adult relative that provides care for the child, that adult cannot have used up their sixty-month lifetime limit of TANF or SFA cash benefits as defined in WAC 388-484-0005; or
(d) If the child lives with a parent who provides care for the child, that adult cannot have been permanently disqualified from receiving TANF/SFA due to noncompliance sanction as defined in WAC 388-310-1600.
(((5))) (6) You cannot get TANF if you have been:
(a) Convicted of certain felonies and other crimes under WAC 388-442-0010; or
(b) Convicted of unlawful practices to get public assistance under WAC 388-446-0005 or 388-446-0010.
(((6))) (7) If you are a client in a household which is eligible for a tribal TANF program, you cannot receive state and tribal TANF in the same month.
AMENDATORY SECTION (Amending WSR 11-16-056, filed 7/29/11, effective 8/29/11)
WAC 388-400-0010 Who is eligible for state family assistance?
(1) To be eligible for state family assistance (SFA), aliens must meet Washington state residency requirements as listed in WAC 388-468-0005 and immigrant eligibility requirements as listed in WAC 388-424-0015.
(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families for the following reasons:
(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0006;
(b) You are a nonqualified alien as defined in WAC 388-424-0001, who meets the Washington state residency requirements as listed in WAC 388-468-0005;
(c) You are a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005;
(d) You are a caretaker relative of a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005; or
(e) You are a pregnant woman who has been convicted of misrepresenting their residence in order to receive benefits from two or more states at the same time.
(3) If you apply for SFA, have not received SFA within the past thirty days, and will be a mandatory WorkFirst participant as described in WAC 388-310-0200 once approved, you must complete a WorkFirst orientation before we approve your application.
AMENDATORY SECTION (Amending WSR 13-18-005, filed 8/22/13, effective 10/1/13)
WAC 388-406-0010 How do I apply for cash assistance or Basic Food benefits?
(1) You can apply for cash assistance or Basic Food by giving us an application form in person, by mail, by fax, or by completing an online application.
(2) If your entire assistance unit (AU) gets or is applying for supplemental security income (SSI), your AU can file an application for Basic Food at the local Social Security administration district office (SSADO).
(3) If you are incapacitated, a dependent child, or cannot apply for benefits on your own for some other reason, a legal guardian, caretaker, or authorized representative can apply for you.
(4) You can apply for cash assistance or Basic Food with just one application form.
(5) If you apply for benefits at a local office, we accept your application on the same day you come in. If you apply at an office that does not serve the area where you live, we send your application to the appropriate office by the next business day so that office receives your application on the same day we send it.
(6) We accept your application for benefits if it has at least:
(a) For cash assistance, the name, address, and signatures of the responsible adult AU members or person applying for you. A minor child may sign if there is no adult in the AU. Signatures must be handwritten, electronic or digital as defined by the department, or a mark if witnessed by another person.
(b) For Basic Food, the name, address, and signature of a responsible member of your AU or person applying for you as an authorized representative under WAC 388-460-0005.
(7) As a part of the application process, we may require you to:
(a) Complete an interview if one is required under WAC 388-452-0005;
(b) Meet WorkFirst participation requirements for four weeks in a row if required under WAC 388-310-1600(12);
(c) Give us the information we need to decide if you are eligible as required under WAC 388-406-0030; ((and))
(d) Give us proof of information as required under WAC 388-490-0005 so we can determine if you are eligible; and
(e) Complete the WorkFirst orientation if required under WAC 388-400-0005(2) or 388-400-0010(3).
(8) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you meet the requirements of this section.
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-406-0055 When do my benefits start?
The date we approve your application affects the amount of benefits you get. If you are eligible for:
(1) TANF or SFA cash assistance, your benefits start:
(a) The date we have enough information to make an eligibility decision; or
(b) No later than the thirtieth day ((for TANF, SFA, PWA, or RCA)); or
(c) Once you have completed the WorkFirst orientation if required under WAC 388-400-0005(2) or 388-400-0010(3), back to the date we received all other information needed to determine eligibility.
(2) PWA or RCA cash assistance, your benefits start:
(a) The date we have enough information to make an eligibility decision; or
(b) No later than the thirtieth day.
(3) ABD cash assistance, your benefits start:
(a) The date we have enough information to make an eligibility decision; or
(b) No later than the forty-fifth day ((for aged, blind, or disabled (ABD) cash assistance)) unless:
(i) You are confined in a Washington state public institution as defined in WAC 388-406-0005 (6)(a) on the forty-fifth day, in which case your benefits will start on the date you are released from confinement; or
(ii) You are approved for ABD cash assistance at the time of your ((medical care services (MCS))) housing and essential needs (HEN) referral incapacity review as described in WAC ((182-508-0160)) 388-447-0110, in which case your benefits will start on the date you provided sufficient medical evidence to establish disability as defined in WAC 388-449-0001.
(((2))) (4) Basic Food, your benefits start from the date you applied unless:
(a) You are recertified for Basic Food. If you are recertified for Basic Food, we determine the date your benefits start under WAC 388-434-0010;
(b) You applied for Basic Food while living in an institution. If you apply for Basic Food while living in an institution, the date you are released from the institution determines your start date as follows. If you are expected to leave the institution:
(i) Within thirty days of the date we receive your application, your benefits start on the date you leave the institution; or
(ii) More than thirty days from the date we receive your application, we deny your application for Basic Food. You may apply for Basic Food again when your date of release from the institution is closer.
(c) We were unable to process your application within thirty days because of a delay on your part. If you caused the delay, but submit required verification by the end of the second thirty-day period, we approve your benefits starting the date you provide the required verification. We start your benefits from this date even if we denied your application for Basic Food.
(d) We initially denied your application for Basic Food and your assistance unit (AU) becomes categorically eligible (CE) within sixty days from the date you applied. If your AU becoming CE under WAC 388-414-0001 makes you eligible for Basic Food, the date we approve Basic Food is the date your AU became CE.
(e) You are approved for transitional food assistance under chapter 388-489 WAC. We determine the date transitional benefits start as described under WAC 388-489-0015.
(f) You receive transitional food assistance with people you used to live with, and are now approved to receive Basic Food in a different assistance unit:
(i) We must give the other assistance unit ten days notice as described under WAC 388-458-0025 before we remove you from the transitional food assistance benefits.
(ii) Your Basic Food benefits start the first of the month after we remove you from the transitional benefits. For example, if we remove you from transitional benefits on November 30th, you are eligible for Basic Food on December 1st.
(((3) Medical assistance, the date your benefits start is stated in chapter 388-416 WAC.
(4) For long-term care, the date your services start is stated in WAC 388-106-0045.))
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