WSR 20-14-089
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 30, 2020, 9:05 a.m., effective July 31, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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?, comply with changes to federal regulations regarding the amount of basic food benefits returned to recipients that leave substance use treatment centers and group homes. These 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.
Citation of Rules Affected by this Order: Amending WAC 388-460-0010.
Other Authority: 7 C.F.R. 273.11 (e) and (f).
Adopted under notice filed as WSR 20-09-099 on April 16, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 30, 2020.
Katherine I. Vasquez
Rules Coordinator
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
(c) Through the DDA group home acting as your authorized representative.
(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;
(c) Use your basic food benefits for meals served to you; and
(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.