WSR 02-11-128

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 21, 2002, 11:22 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Working connections child care (WCCC).

Purpose: WAC 388-290-0010, 388-290-0075, and 388-290-0085 are being revised to reduce the upper income limit for eligibility for the working connections child care program from 225% to 200% of the federal poverty level (FPL) and to increase copayments by $5 at all levels. This filing will permanently adopt the emergency rule filed March 27, 2002, as WSR 02-08-032, which was effective April 1, 2002.

Statutory Authority for Adoption: RCW 74.04.050, 74.13.085.

Statute Being Implemented: Chapters 74.04 and 74.13 RCW.

Summary: The upper income limit for eligibility for the WCCC program is being decreased from 225% to 200% of the FPL, and copayments are being increased by $5 at all levels.

Reasons Supporting Proposal: The state is currently experiencing one of the largest budget shortfalls in its history. Program dollars must be distributed as efficiently as possible. To achieve this the department is lowering the income eligibility level for the subsidized child care program and increasing copayments, which are the amounts paid to the providers by eligible families, by $5 per month.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3268.

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: This rule will lower the income limit for eligibility for the working connections child care (WCCC) program from 225% to 200% of the federal poverty level (FPL). It will also increase copayments paid to child care providers by eligible families by $5 at all levels. These changes are being made due to large budget shortfalls, and in an attempt to distribute the available funds as evenly as possible across the program. The effects will be fewer eligible families and slightly higher family copayments, resulting in a reduction in spending during this time of budget tightening.

Proposal Changes the Following Existing Rules: The eligibility limit for the working connections child care program is being decreased from 225% to 200% of the federal poverty level and family copayments are being increased by $5 at all levels.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "significant legislative rule" but DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Office Building 2 - Auditorium (DSHS Headquarters) (parking at 12th and Washington), 1115 Washington, Olympia, WA 98504, on June 25, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 21, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., June 25, 2002.

Date of Intended Adoption: No sooner than June 26, 2002.

May 15, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3048.2
AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0010   What makes me eligible for WCCC benefits?   For the purposes of this chapter "we" and "us" refer to the department of social and health services. You may be eligible for WCCC benefits if:

(1) Your family is described under WAC 388-290-0015;

(2) ((You're)) You are participating in an approved activity under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(3) You and your children are eligible under WAC 388-290-0020;

(4) Your countable income, is at or below two hundred ((twenty-five)) percent of the Federal Poverty Level (FPL) (under WAC 388-290-0065); and

(5) Your share of the child care cost, called a copayment (under WAC 388-290-0075) is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for subsidized care.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0010, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0075   What are the steps the WCCC program takes to ((figure)) determine my family's WCCC eligibility and copayment amount?   The WCCC program takes the following steps to ((figure)) determine your WCCC income eligibility and copayment:

(1) Determine your family size (under WAC 388-290-0015); and

(2) Determine your countable income (under WAC 388-290-0065).

(3) If your family's countable monthly income falls within the range below, then your copayment is:


YOUR INCOME YOUR COPAYMENT is:
At or below 82% of the FPL $((10)) 15
Above 82% of the FPL up to 137.5% of the FPL $((20)) 25
Above ((137.50)) 137.5% of the FPL - ((225)) 200% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $((20)) 25
Income above ((225)) 200% of the FPL, you are not eligible for WCCC benefits.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0075, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0085   When might my WCCC copayment change?   (1) Once we have determined that you are eligible for WCCC benefits, your copayment could change when:

(a) Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(b) Your monthly income decreases;

(c) Your family size increases;

(d) You are no longer eligible for the three-month TANF grant exemption under WAC 388-290-0070(h) or the minimum copayment under WAC 388-290-0090.

(2) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

(3) We do not increase your copayment during your current eligibility period when your countable income remains at or below two hundred ((twenty-five)) percent of the FPL, and:

(a) Your monthly countable income increases; or

(b) Your family size decreases.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0085, filed 12/19/01, effective 1/19/02.]

Washington State Code Reviser's Office