WSR 24-07-076
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed March 18, 2024, 11:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-01-094.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to amend WAC 388-439-0020 Eligibility for pandemic EBT benefits for children under age six and 388-439-0025 Eligibility for pandemic EBT benefits during the 2023 summer period.
Hearing Location(s): On April 23, 2024, at 10:00 a.m., virtually via [Microsoft] Teams or call in. See the DSHS website https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: Not earlier than April 24, 2024.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by April 23, 2024, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email Tenczsa@dshs.wa.gov, by April 9, 2024, at 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments are necessary to more accurately align pandemic EBT (P-EBT) program rules with federal regulations. Related emergency rules are currently in place under WSR 24-01-090.
Reasons Supporting Proposal: See above.
Rule is necessary because of federal law, [no information provided by agency].
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Troy Burgess, P.O. Box 45470, Olympia, WA 98504-5470, 360-584-5162.
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. These rules are 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:
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: [No information provided by agency].
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
March 14, 2024
Katherine I. Vasquez
Rules Coordinator
SHS-5008.1
AMENDATORY SECTION(Amending WSR 23-20-014, filed 9/22/23, effective 10/23/23)
WAC 388-439-0020Eligibility for pandemic EBT benefits for children under age six.
(1) To be eligible for federally funded pandemic electronic benefits transfer (P-EBT) benefits for children under age six, a child must be:
(a) A member of a household that received supplemental nutrition assistance program (SNAP) between September 1, 2022, and May 11, 2023;
(b) Under age of six during the specified time period.
(2) Children who do not qualify for federally funded P-EBT benefits because they receive state-funded food assistance program (FAP) may be eligible for state-funded P-EBT.
(a) State-funded P-EBT follows the same eligibility rules as subsection (1) of this section, except that the child must be a member of a household that received FAP, instead of SNAP, between September 1, 2022, and May 11, 2023.
(b) State-funded P-EBT benefits are contingent on the availability of state funds.
(3) We calculate a standard benefit level for each month of P-EBT eligibility by:
(a) Using the full daily meal reimbursement rate of $8.18 for breakfast, lunch, and snack;
(b) For September 2022, through April 2023, multiplied by the statewide average operating days of 18 days per month;
(c) For the partial prorated month of May 2023, multiplied by the nine operating days prior to the May 11 expiration of the PHE;
(d) Multiplied using a percentage of benefit reimbursement based on statewide child and adult care food program (CACFP) reported meal service prior to the COVID-19 PHE compared to the current school year, a 29.8 percent reduction, as follows:
Child Care Months | Daily Reimbursement Rate | Average Operating Days | Reduction in CACFP Claims | Average Monthly Benefits |
September 2022 - April 2023 | $8.18 | 18 | 29.8% | $43.88 |
May 1 - May 11, 2023 | $8.18 | 9 | 29.8% | $28.94 |
(e) P-EBT benefits are issued for each month that the household receives a SNAP or FAP benefit more than zero dollars.
(4) P-EBT benefits are issued for a child under age six for a retroactive period of time as ((follows:))a lump sum one-time payment covering eligible months from September 2022, through May 2023.
(((a) A lump sum one-time P-EBT allotment is issued for eligible months from September 2022, through May 2023;
(b) P-EBT during the summer period benefits are disbursed under WAC 388-439-0025.))
(5) Benefits for a child under age six will be placed on a P-EBT card under WAC 388-439-0015.
(6) USDA requires all issuances of P-EBT benefits to be complete by December 31, 2023, as federal funding will be exhausted. Any and all P-EBT benefits issued beyond this date will be subject to additional USDA approval and funding.
AMENDATORY SECTION(Amending WSR 23-20-014, filed 9/22/23, effective 10/23/23)
WAC 388-439-0025Eligibility for pandemic EBT benefits during the 2023 summer period.
(1) During the summer period of July and August 2023, schools ((and covered childcare centers)) will be deemed as closed.
(2) To be eligible for the pandemic electronic benefits transfer (P-EBT) benefit during the summer period after the 2022-2023 school year, prior to August 31, 2023, a child must be((:))an eligible student as defined under WAC 388-439-0005 (2)(d) in June 2023.
(((a) An eligible student as defined under WAC 388-439-0005 (2)(d) in June 2023; or
(b) A child under age six, as defined under WAC 388-439-0020(1), between July 1, 2023, and August 31, 2023.))
(3) Children under the age of six as defined in WAC 388-439-0020 are not eligible for Summer P-EBT benefits following the expiration of the federal public health emergency declaration.
(4) A child determined eligible in subsection (2) of this section will receive a one-time, lump sum payment of $120 for the 2023 summer period.
(((4)))(5) Summer P-EBT benefits for an eligible student or a child under age six will be placed on a P-EBT card under WAC 388-439-0015.
(((5)))(6) USDA requires all issuances of P-EBT benefits to be complete by December 31, 2023, as federal funding will be exhausted. Any and all P-EBT benefits issued beyond this date will be subject to additional USDA approval and funding.