WSR 15-09-078 EMERGENCY RULES DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 16, 2015, 11:03 a.m., effective April 16, 2015, 11:03 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The department of social and health services (DSHS) is amending WAC 388-418-0005 How will I know what changes to report?, to correct the policy concerning when categorically eligible (CE) Basic Food and food assistance program (FAP) households must report changes in income during the certification period. These amendments are currently in effect via emergency rule making filed on December 26, 2014, as WSR 15-02-010. A public hearing was held March 24, 2015. The permanent rule was filed April 9, 2015, and will be effective May 10, 2015.
DSHS is removing outdated references to long-term care, SSI-related medical, children's medical, pregnancy medical and other medical benefits under this rule.
Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0005.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 7 U.S.C. § 2015, and 7 C.F.R. 273.12 (a)(5)(v); 2E2SHB 1738, and chapter 15, Laws of 2011; SHB 2069.
Other Authority: 7 C.F.R. 273.12 (a)(5)(v), a household subject to simplified reporting must report when its monthly gross income exceeds the monthly gross income limit for its household size, as defined at § 273.9 (a)(1) which is one hundred thirty percent of the federal poverty guidelines. The household shall use the monthly gross income limit for the household size that existed at the time of its most recent certification or recertification, regardless of any subsequent changes in its household size.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The amendments correct the change of circumstance reporting requirements for Basic Food and FAP CE households to align with federal regulations. Current rules don't require CE households to report income changes during the certification period unless the income increases and exceeds the two hundred percent federal poverty guidelines (also known as FPL). The income limit threshold for reporting changes should be set at one hundred thirty percent FPL.
DSHS is removing outdated references to long-term care, SSI-related medical, children's medical, pregnancy medical and other medical benefits under this rule. The 2E2SHB 1738, Laws of 2011, designated the health care authority as the single state agency responsible for the administration and supervision of Washington's medical assistance programs. HCA recodified medical assistance program rules to Title 182 WAC. Accordingly, the department is eliminating corresponding rules and medical references under Title 388 WAC.
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 1, 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 1, Repealed 0.
Date Adopted: April 15, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-04-051, filed 1/30/12, effective 3/1/12)
WAC 388-418-0005 How will I know what changes to report?
(1) You must report changes to the department based on the kinds of assistance you receive. We inform you of your reporting requirements on letters we send you about your benefits. Follow the steps below to determine the types of changes you must report:
(((1))) (a) If you receive ((assistance from any of the programs listed in subsection (1), you must report changes for people in your assistance unit under chapter 388-408 WAC, based on the first program you receive benefits from.
(a) If you receive long term care benefits such as a home and community based waiver (Basic, Basic Plus, CORE, Community Protection, COPES, New Freedom, Medically Needy), care in a medical institution (nursing home, hospice care center, state veterans home, ICF/MR, RHC) or hospice, you must tell us if you have a change of:
(i) Residence;
(ii) Marital status;
(iii) Living arrangement;
(iv) Income;
(v) Resources;
(vi) Medical expenses; and
(vii) If we allow you expenses for your spouse or dependents, you must report changes in their income or shelter cost.
(b) If you receive medical benefits based on age, blindness, disability (SSI-related medical), ((or ADATSA benefits,)) you need to tell us if:
(i) You move;
(ii) A family member moves into or out of your home;
(iii) Your resources change; or
(iv) Your income changes. This includes the income of you, your spouse or your child living with you.
(c) If you receive)) cash benefits, you need to tell us if:
(i) You move;
(ii) Someone moves out of your home;
(iii) Your total gross monthly income goes over the:
(A) Payment standard under WAC 388-478-0033 if you receive ABD cash; or
(B) Earned income limit under WAC 388-478-0035 and 388-450-0165 for all other programs;
(iv) You have liquid resources more than four thousand dollars; or
(v) You have a change in employment. Tell us if you:
(A) Get a job or change employers;
(B) Change from part-time to full-time or full-time to part-time;
(C) Have a change in your hourly wage rate or salary;
(D) Stop working; or
(((E) See WAC 182-504-0100 for medical care services reporting requirements.))
(((d))) (b) If you are a relative or nonrelative caregiver and receive cash benefits on behalf of a child in your care but not for yourself or other adults in your household, you need to tell us if:
(i) You move;
(ii) The child you are caring for moves out of the home;
(iii) Anyone related to you or to the child you are caring for moves into or out of the home;
(iv) There is a change in the earned or unearned income of anyone in your child-only means-testing assistance unit, as defined in WAC 388-450-0162 (3)(b). You do not need to report changes in earned income for your dependent children who are in school full-time (see WAC 388-450-0070).
(v) There is a change in the recipient child's earned or unearned income (see WAC 388-450-0070 for how we count the earned income of a child);
(vi) The recipient child has liquid resources more than four thousand dollars;
(vii) A recipient child in the home becomes a foster child; or
(viii) You legally adopt the recipient child.
(((e) If you receive family medical benefits, you need to tell us if:
(i) You move;
(ii) A family member moves out of your home; or
(iii) If your income goes up or down by one hundred dollars or more a month and you expect this income change will continue for at least two months.))
(2) If you do not receive cash assistance ((from any of the programs listed in subsection (1),)) but you do receive benefits from ((any of the programs listed in subsection (2))) basic food, you must report changes for the people in your assistance unit under chapter 388-408 WAC, ((based on all the benefits you receive.)) and tell us if:
(a) ((If you receive Basic Food benefits, you need to tell us if:
(i) If your household is a categorically eligible household as defined under WAC 388-414-0001, tell us if your total gross monthly income is more than two hundred percent of the federal poverty level; or
(ii) For all other households tell us if your)) Your total monthly income is more than the maximum gross monthly income as described in WAC 388-478-0060; or
(((iii))) (b) Anyone who receives food benefits in your assistance unit and who must meet work requirements under WAC 388-444-0030 has their hours at work go below twenty hours per week.
(((b) If you receive children's medical benefits, you need to tell us if:
(i) You move; or
(ii) A family member moves out of the house.
(c) If you receive pregnancy medical benefits, you need to tell us if:
(i) You move; or
(ii) You are no longer pregnant.
(d) If you receive other medical benefits, you need to tell us if:
(i) You move; or
(ii) A family member moves out of the home.))
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