WSR 20-16-091
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed July 30, 2020, 11:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-12-090.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-418-0011 What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?
Hearing Location(s): On September 8, 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/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than September 9, 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., September 8, 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 August 25, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2020 supplemental operating budget provides for elimination of the mid-certification review (MCR) requirement for aged, blind, or disabled (ABD) program recipients who are age sixty-five or older. This change eliminates a barrier to ongoing ABD program benefits for the aged population. MCRs for this population are no longer required, effective July 1, 2020, as reflected in emergency amendments filed under WSR 20-14-085.
Reasons Supporting Proposal: These changes implement requirements of the 2020 supplemental operating budget.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Daisha Gomillion, P.O. Box 45470, Olympia, WA 98504-5770, 360-725-4781.
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. This amendment is 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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed amendments do not impact small businesses. They only impact DSHS clients.
July 30, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-09-034, filed 4/11/13, effective 6/1/13)
WAC 388-418-0011What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?
(1) A mid-certification review (MCR) is a form we send you to ask about your current circumstances. We use the answers you give us to decide if you are still eligible for benefits and to calculate your monthly benefits.
(2) If you receive cash assistance or Basic Food benefits, you must complete a mid-certification review unless you meet one of the exceptions below:
(a) You do not have to complete a mid-certification review for cash assistance if you:
(i) Only receive Refugee Cash Assistance as described under WAC 388-400-0030; ((or))
(ii) Receive aged, blind, or disabled (ABD) program assistance as described under WAC 388-400-0060 and are age sixty-five or older; or
(iii) Have a review period of six months or less.
(b) You do not have to complete a mid-certification review for Basic food if:
(i) Your assistance unit has a certification period of six months or less; or
(ii) All adults in your assistance unit are elderly or disabled and have no earned income.
(3) When we send the review form:
If you must complete a MCR ... | We send your review form ... |
(a) For one program such as Basic Food. | In the fifth month of your certification or review period. You must complete your review by the 10th day of month six. |
(b) For two or more programs, and all programs have a 12-month certification or review period. | In the fifth month of your certification or review period. You must complete your review by the 10th day of month six. |
(c) For Basic Food and another program when either program has a certification or review period between six and twelve months. | In the fifth month of your Basic Food certification period when you receive Basic Food and another program. You must complete your review by the 10th day of month six of your Basic Food certification. |
(4) If you must complete a mid-certification review, we send you the review form with questions about your current circumstances. You can choose to complete the review in one of the following ways:
(a) Complete the form and return it to us. For us to count your mid-certification review as complete, you must take all of the steps below:
(i) Complete the review form, telling us about changes in your circumstances we ask about;
(ii) Sign and date the form;
(iii) Give us proof of any changes you report. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;
(iv) If you receive temporary assistance for needy families and you are working or self-employed, you must give us proof of your income even if it has not changed; and
(v) Mail or turn in the completed form and any required proof to us by the due date on the review.
(b) Complete the mid-certification review over the phone. For us to count your mid-certification review as complete, you must take all of the steps below:
(i) Contact us at the phone number on the review form, telling us about changes in your circumstances we ask about;
(ii) Give us proof of any changes you report. We may be able to verify some information over the phone. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;
(iii) If you receive temporary assistance for needy families and you are working or self-employed, you must give us proof of your income even if it has not changed; and
(iv) Mail or turn in any required proof to us by the due date on the review.
(c) Complete the application process for another program. If we approve an application for another program in the month you must complete your mid-certification review, we use the application to complete your review when the same person is head of household for the application and the mid-certification review.
(5) If your benefits change because of what we learned in your mid-certification review, the change takes effect the next month even if this does not give you ten days notice before we change your benefits.
(6) If you do not complete your required mid-certification review, we stop your benefits at the end of the month the review was due.
(7) Late reviews. If you complete the mid-certification review after the last day of the month the review was due, we process the review as described below based on when we receive the review:
(a) Mid-certification reviews you complete by the last day of the month after the month the review was due: We determine your eligibility for ongoing benefits. If you are eligible, we reinstate your benefits based on the information in the review.
(b) Mid-certification reviews you complete after the last day of the month after the month the review was due: We treat this review as a request to send you an application. For us to determine if you are eligible for benefits, you must complete the application process as described in chapter 388-406 WAC.