SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed April 16, 2020, 8:47 a.m.]

Continuance of WSR 20-08-090.

Preproposal statement of inquiry was filed as WSR 19-09-034.

Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-460-0010 Do I have an authorized representative for basic food if I live in a treatment center or group home?

Hearing Location(s): On May 26, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than May 27, 2020.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 26, 2020.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by May 12, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to WAC 388-460-0010 are proposed in compliance with changes to federal regulations regarding the amount of basic food benefits returned to recipients that leave substance use treatment centers and group homes. Proposed amendments align with federal regulations, including a state option to prorate benefits when a recipient leaves a treatment center after the fifteenth day of a month. This option is in the best interest of recipients, allowing remaining basic food benefits to be returned to their electronic benefit transfer (EBT) card upon departure from the treatment center.

This notice is to announce a change in the previously scheduled public hearing on this proposed rule making, from May 5, 2020, to May 26, 2020. The previously scheduled public hearing on May 5, 2020, will not be held and the public hearing for this proposed rule making is rescheduled to May 26, 2020. This notice also extends the written comment deadline to 5:00 p.m. on May 26, 2020.

Reasons Supporting Proposal: The United States Department of Agriculture, Food and Nutrition Service enforces the provisions of the federal Supplemental Nutrition Assistance Program. The department amends its rules to ensure that they are consistent with federal statutes, regulations, and guidance. Proposed amendments align department rule with federal regulations.

Statutory Authority for Adoption: RCW 74.04.500, 74.04.510. 74.08A.120, and 7 C.F.R. 273.11 (e) and (f).

Rule is necessary because of federal law, 7 C.F.R. 273.11 (e)(6).

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ivette Dones-Figueroa, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4651.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The amendment is exempt as allowed under RCW 34.05.328 (5)(b)(iii) which states in part "This section does not apply to … rules adopting or incorporating by reference without material change federal statutes or regulations."

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 7 C.F.R. 273.11 (e)(6). Consequences of not adopting these amendments include federal audit findings leading to potential loss of federal program funding.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 19-03-037, filed 1/7/19, effective 2/7/19)

WAC 388-460-0010Do I have an authorized representative for basic food if I live in a treatment center or group home?

(1) If you live in a qualified developmental disabilities administration (DDA) group home under WAC 388-408-0040, you may choose to apply for basic food benefits:

(a) On your own behalf;

(b) Through an authorized representative of your choice; or

(2) If you live in a qualified drug and alcohol treatment center under WAC 388-408-0040, a designated treatment center employee ((must))may apply for your basic food benefits, and the center will act as your authorized representative.

(3) When the qualified drug and alcohol treatment ((facility))center or qualified DDA group home is your authorized representative, it must:

(a) Be aware of your circumstances;

(b) Notify the department of any changes in your income, resources, or circumstances within ten days of the change;

(d) Give you a change in circumstances report form, when the center or group home learns you plan to leave, and advise you to report any changes as required under WAC 388-418-0005 to the department within ten days of the date of change.

(4) When a center or group home is an authorized representative for residents, the facility accepts responsibility for:

(a) Any misrepresentation or intentional program violation; and

(b) Liability for basic food benefits held at the facility on behalf of residents.

(5) When you leave a facility and the treatment center or group home is your authorized representative, it must:

(a) ((Either))Account for any benefits withdrawn;

(b) Return your basic food allotment as follows:

(i) Return ((to you a prorated amount))all of your basic food allotment ((for that month based on the number of days remaining in the month))if you leave the center or group home and no benefits have been spent on your behalf; ((or))

(ii) Return one-half of your basic food allotment if you leave the center or group home on or before the fifteenth of the month; or

(iii) Return a prorated amount of your basic food allotment based on the number of days remaining in the month if you leave a qualified drug and alcohol treatment center on or after the sixteenth of the month;

(c) Notify the department((, within five days of your departure,)) that the facility is unable to refund your prorated share anytime during the month;

(b)))(d) Notify the department of your change in address((, new address if available,))and other change of circumstances and that the facility is no longer your authorized representative; and

(((c)))(i) Provide you with your electronic benefits transfer (EBT) card ((within five days of leaving the facility)) if the facility was in possession of the card; or

(((d)))(ii) Return your EBT card to the department ((within five days))by the end of the month if they are unable to provide it to you.