WSR 23-08-056
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed April 3, 2023, 11:45 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-15-028.
Title of Rule and Other Identifying Information: Working connections and seasonal child care subsidy programs; WAC 110-15-0075 Determining income eligibility and copayment amounts.
Hearing Location(s): On May 9, 2023, telephonic. Make oral comments by calling 360-972-5385 and leaving a voicemail that includes the comment and an email or physical mailing address where the department of children, youth, and families (DCYF) will send its response. Comments received through and including May 9, 2023, will be considered.
Date of Intended Adoption: May 10, 2023.
Submit Written Comments to: DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by May 9, 2023.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, by May 4, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adjust copayment amounts for families above 50 percent and at or below 60 percent of the state median income from $115 to $165.
Reasons Supporting Proposal: The adjustment complies with chapter 199, Laws of 2021's directive that the department adjust copayment amounts.
Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.
Statute Being Implemented: RCW 43.216.1368.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Jason Ramynke, Olympia, 360-688-0911; Implementation and Enforcement: DCYF, statewide.
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. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
Scope of exemption for rule proposal:
Is fully exempt.
April 3, 2023
Brenda Villarreal
Rules Coordinator
OTS-4480.1
AMENDATORY SECTION(Amending WSR 22-05-007, filed 2/3/22, effective 3/6/22)
WAC 110-15-0075Determining income eligibility and copayment amounts.
(1) DCYF takes the following steps to determine consumers' eligibility and copayments, when care is provided under a WCCC voucher or contract:
(a) Determine their family size as described in WAC 110-15-0015; and
(b) Determine their countable income as described in WAC 110-15-0065.
(2) DCYF calculates consumers' copayments as follows:
If the household's income is:
Then the household's maximum monthly copayment is:
At or below 20 percent of the SMI
Waived
Above 20 percent and at or below 36 percent of the SMI
$65
Above 36 percent and at or below 50 percent of the SMI
$90
Above 50 percent and at or below 60 percent of the SMI
(($115))$165
At reapplication, above 60 percent and at or below 65 percent of the SMI
$215
(3) DCYF does not prorate copayments when consumers use care for only part of a month.
(4) For parents age 21 years or younger who attend high school or are working towards completing a high school equivalency certificate, copayments are not required.