WSR 00-21-066

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed October 16, 2000, 2:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-051.

Title of Rule: WAC 388-418-0005 Clients must report certain changes to the department within specified time limits. (New title: What types of changes must I report?)

WAC 388-418-0007 When do I have to report changes in my circumstances?

Purpose: Clarifies what changes have to be reported and when clients must report them.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.510.

Statute Being Implemented: RCW 74.08.090, 74.04.510.

Summary: Amending WAC 388-418-0005 to specify what types of changes must be reported based on the type of benefit a client receives. Separates when a client must report changes into new WAC 388-418-0007.

Reasons Supporting Proposal: To clarify existing policy by assembling the types of changes clients must report and when they must report them.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky T. Robinson, Division of Assistance Programs, (360) 413-3031.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amending WAC 388-418-0005 to specify what types of changes must be reported based on the type of benefit a client receives. Separates when a client must report changes into new WAC 388-418-0007.

Proposal Changes the Following Existing Rules: Gives greater detail as to the types of changes a client must report and clarifies when those changes must be reported.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Neither rule impacts small business.

RCW 34.05.328 does not apply to this rule adoption. These rule changes are not significant legislative changes.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on November 21, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by November 14, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 21, 2000.

Date of Intended Adoption: No earlier than November 22, 2000.

October 13, 2000

Edith M. Rice

for Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2872.2
AMENDATORY SECTION(Amending WSR 99-23-034, filed 11/10/99, effective 1/1/00)

WAC 388-418-0005
((Clients)) What type of changes must I report ((certain changes to the department within specified time limits.)) for cash, food, and medical assistance?

(((1) Clients who receive cash or food assistance must report the following changes about everyone in the assistance unit. The client must report these changes within ten days of when they learn about the change. Clients must report:

(a) The gross monthly amount of unearned income they receive when:

(i) They start receiving money from any new source.

(ii) The amount received from a previously reported source changes by more than twenty-five dollars.

(b) When someone, including a newborn child, moves in or out, even if the change is temporary.

(c) The marriage or divorce of any assistance unit member.

(d) A new residence, including any change in shelter expenses because of the move.

(e) Obtaining a vehicle.

(f) The end of a temporary disability when the temporary disability is the reason for excluding a vehicle.

(g) When the assistance unit's countable resources exceed the resource limits described in chapter 388-470 WAC.

(h) Any of the following changes related to employment:

(i) A new job or different employer.

(ii) A change in wage rate or pay scale.

(iii) An employment status change from part-time to full time. The employer determines when an employee has full-time employment status.

(2) Clients who receive only children or pregnant women's medical assistance must report the following changes. The client must report these changes within twenty days of when they learn about the change. Clients must report:

(a) When someone, including a newborn child, moves in or out, even if the change is temporary.

(b) When a pregnancy begins or ends.

(c) A new residence.

(3) Clients who receive any other medical assistance must report the following changes. Clients must report these changes about themselves, their spouses or any dependents. The client must report these changes within twenty days of when they learn about the change. Clients must report:

(a) When someone, including a newborn child, moves in or out, even if the change is temporary.

(b) When an assistance unit member gets married, divorced or separated.

(c) When a pregnancy begins or ends.

(d) A new residence or address.

(e) Any change in the amount of income received from any new or previously reported source.

(f) Any change in the amount of expenses paid for shelter.

(g) Any change in the amount of expenses paid for medical care.

(h) Changes in resources.

(4) For TANF/SFA, a caretaker relative must report within five days when they learn that the temporary absence of a child will exceed ninety days. When the relative fails to report timely, the relative:

(a) Is not eligible for one month; and

(b) The relative's countable income is considered available to the remaining members of the assistance unit.

(5) When a change is reported late, the client may receive the wrong amount or the wrong type of assistance. When benefits are overpaid, the client must repay the assistance as described in chapter 388-410 WAC.))



Table 1 - Cash Assistance and Food Assistance
Type of change to report when you or anyone in your assistance unit (AU) (including nonhousehold members and ineligible household members): Do I have to report this change for cash assistance? Do I have to report this change for food assistance?
(1) Starts to get money from a new source; Yes Yes
(2) Has unearned income that changed by more than twenty-five dollars from amount we budgeted; Yes Yes
(3) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; Yes Yes
(4) Moves to a new residence; Yes Yes
(5) Has a change in shelter costs; Yes, but only if you went from having no shelter costs to having a shelter cost, or from having shelter costs to not having to pay anything. You don't have to report a change in the amount you pay. Yes, report the change at your recertification. If your shelter costs go up, you could get more food assistance benefits. Report the change sooner to see if you will get more benefits.
(6) Gets married, divorced, or separated; Yes Yes
(7) Gets a vehicle; Yes Yes
(8) Has a disability that ends; Yes Yes
(9) Has countable resources that are more than the resource limits under WAC 388-470-0005; Yes Yes
(10) Gets a job or changes employers; Yes Yes
(11) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; Yes Yes
(12) Has a change in hourly wage rate or salary; Yes Yes
(13) Stops working; Yes Yes
(14) Has a pregnancy that begins or ends; Yes No
(15) Has a change in medical expenses. No Yes, report this change only at your next eligibility review.

Table 2 - Medical Assistance
Type of change to report when you or anyone in your assistance unit (AU) (including nonhousehold members and ineligible household members): Do I have to report this change for family medical assistance (i.e., TANF/SFA-related)? Do I have to report this change for children's medical and/or pregnancy medical? Do I have to report this change for SSI-related medical or long-term care?
(16) Starts to get money from a new source; Yes No Yes
(17) Has unearned income that changed; Yes No Yes
(18) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; Yes Yes Yes
(19) Moves to a new residence; Yes Yes Yes
(20) Has a change in shelter costs; Yes, but only if you went from having no shelter costs to having a shelter cost, or from having shelter costs to not having to pay anything. You don't have to report a change in the amount you pay. No Yes
(21) Gets married, divorced, or separated; Yes No Yes
(22) Gets a vehicle; No No No
(23) Has a disability that ends; No No Yes
(24) Has countable resources that are more than the resource limits under WAC 388-470-0005; No No Yes
(25) Gets a job or changes employers; Yes No Yes
(26) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; Yes No Yes
(27) Has a change in hourly wage rate or salary; Yes No Yes
(28) Stops working; Yes No Yes
(29) Has a pregnancy that begins or ends; Yes Yes Yes
(30) Has a change in medical expenses. Yes, but only if an AU member has a spenddown. Yes, but only if an AU member has a spenddown. Yes

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-23-034, 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-418-0005, filed 7/31/98, effective 9/1/98.]


NEW SECTION
WAC 388-418-0007
When do I have to report changes in my circumstances?

(1) If you are applying for cash and/or food assistance and have had a change:

(a) After the date you applied but before your interview, you must report the change at the time of your interview; or

(b) After you have been interviewed, you must report the change within ten days of the date of your approval notice.

(2) If you get TANF/SFA, you must report within five calendar days from the day you learn that a child in the AU will be gone from your home longer than ninety days. If you do not report this within five days:

(a) You are not eligible for cash benefits for one month; and

(b) All of your countable income as described in WAC 388-450-0162 is budgeted against the cash benefits for the remaining AU members.

(3) If you receive cash and/or food assistance, all other changes described in WAC 388-417-0005 must be reported within ten days from the day you become aware of the change.

(4) If you receive medical assistance you must report the changes described in WAC 388-418-0005 within twenty days from the day you become aware of the change.

(5) If you report changes late, you may get the wrong amount or wrong type of benefits. If you get more benefits than you are eligible for, you may have to pay them back as described in chapter 388-410 WAC.

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Washington State Code Reviser's Office