WSR 21-06-059
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed February 26, 2021, 12:02 p.m., effective February 28, 2021]
Effective Date of Rule: February 28, 2021.
Purpose: The department is extending emergency adoption of WAC 388-434-0015 Extension of certification periods and waiver of eligibility reviews and mid-certification reviews during the COVID-19 pandemic, to implement administrative flexibilities regarding certification periods and mid-certification reviews as allowed under H.R. 8337, Continuing Appropriations Act, 2021 and Other Extensions Act of 2020. This is the third emergency filing on this subject and extends the second emergency rule filed as WSR 20-22-065 on October 30, 2020. The first emergency rule filed as WSR 20-10-046 on April 29, 2020, for the months of April, May, and June 2020, was intentionally allowed to expire.
The department is concurrently proceeding with the permanent rule-making process. The department filed a CR-101 Preproposal statement of inquiry as WSR 20-22-062 on October 30, 2020, and a CR-102 Proposed rule making as WSR 21-06-049 on February 25, 2021.
Citation of Rules Affected by this Order: New WAC 388-434-0015.
Other Authority: H.R. 8337.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Emergency adoption of this rule is required to implement administrative flexibilities that protect the health, safety, and general welfare of Washington residents by supporting ongoing access to public assistance.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: February 25, 2021.
Katherine I. Vasquez
Rules Coordinator
SHS-4805.4
NEW SECTION
WAC 388-434-0015Extension of certification periods and waiver of eligibility reviews and mid-certification reviews during the COVID-19 pandemic.
(1) Recertification requirements for food assistance under WAC 388-434-0010 are waived in the months listed below and your certification period will automatically be extended as follows:
(a) Certification periods ending in November 2020 and December 2020 will be automatically extended by two months;
(b) Certification periods ending in January 2021 and February 2021 will be automatically extended by four months, if not previously extended.
(2) Eligibility review requirements for cash assistance under WAC 388-434-0005 are waived as follows:
(a) All eligibility reviews due in November 2020 and December 2020;
(b) Eligibility reviews, not already extended, due in January 2021 and February 2021.
(3) If your cash assistance eligibility review is waived under subsection (2) of this section, the following programs are included:
(a) Temporary assistance for needy families;
(b) State family assistance;
(c) Aged, blind or disabled cash assistance; and
(d) Housing and essential needs referral.
(4) If your working family support certification period ends under WAC 388-493-0010, your certification period will be extended as described in subsection (1) of this section.
(5) Mid-certification review requirements for cash and food assistance under WAC 388-418-0011 are waived from November 1, 2020, to June 30, 2021.
(6) You are still required to report changes under WAC 388-418-0005.
(7) The department will review and act upon any new information we receive from you during this time under WAC 388-418-0020.