WSR 02-13-072

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed June 14, 2002, 3:32 p.m. ]

Supplemental Notice to WSR 02-02-053.

Preproposal statement of inquiry was filed as WSR 01-01-057.

Title of Rule: Washington telephone assistance program, WAC 388-273-0020 and 388-273-0025.

Purpose: To add a new category of people who may be eligible for the Washington telephone assistance program, and define their eligibility period.

Statutory Authority for Adoption: RCW 74.08.090, 80.36.440.

Statute Being Implemented: Chapter 104, Laws of 2002.

Summary: An original proposed rule-making notice (form CR-102) was filed under WSR 02-02-053, and a public hearing was held February 5, 2002. The purpose of that rule amendment was language clarification for consistency with Washington Utilities and Transportation Commission rules.

The purpose of this supplemental notice is to allow opportunity for public comment on the language that has since been added to include former clients of community voice mail as eligible for the WTAP program and definition of eligibility period. This change is made in accordance with RCW 80.36.470 as amended in the 2002 legislative session (chapter 104, Laws of 2002). An emergency rule-making order (form CR-103) has been filed, and made effective June 4, 2002, to comply with RCW effective date.

Reasons Supporting Proposal: See above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Grace Moy, ESA/CSD/WTAP, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3107.

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: The amendment adds former clients of community voice mail as eligible for the WTAP program, and defines their eligibility period.

Proposal Changes the Following Existing Rules: Adds language to include a new category of people who may be eligible for the Washington telephone assistance program, and defines their eligibility period.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the rule is being adopted solely to conform to RCW 80.36.470 as amended in chapter 104, Laws of 2002.

RCW 34.05.328 does not apply to this rule adoption. The content of the proposed rules is specifically dictated by statute (chapter 104, Laws of 2002), does not meet the definition of a significant legislative rule per RCW 34.05.328 (5)(b)(v).

Hearing Location: Office Building 2, Auditorium (DSHS Headquarters) (parking at 12th and Washington), 1115 Washington, Olympia, WA 98502, on July 23, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 19, 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., on July 23, 2002.

Date of Intended Adoption: Not earlier than July 24, 2002.

June 13, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3103.3
AMENDATORY SECTION(Amending WSR 01-09-023, filed 4/9/01, effective 6/1/01)

WAC 388-273-0020   Who may receive WTAP((.))?   (1) To receive WTAP benefits, you must:

(((1)))

(a) Be age eighteen or older or, if under eighteen, be the responsible head of household, and either;

(b) Be receiving one of the following programs from us:

(((a))) (i) Temporary assistance for needy families (TANF);

(((b))) (ii) State family assistance (SFA);

(((c))) (iii) General assistance;

(((d))) (iv) Refugee assistance;

(((e))) (v) Food assistance;

(((f))) (vi) State Supplemental Security Income (SSI);

(((g))) (vii) Medical assistance, including Medicare cost sharing programs;

(((h))) (viii) Community options program entry system (COPES); ((or

(i))) (ix) Chore services((.

(2) Be age eighteen or older or, if under eighteen, be the responsible head of household)); or

(c) Have completed using community service voice mail services, and been identified to the department as eligible for WTAP by the community agency that provided your community service voice mail program; and

(2) Apply to ((the)) a local exchange company ((that provides your local)) for WTAP and request the lowest available flat rate telephone service at the WTAP rate. In exchange areas where wireline service is not available without service extension, you may apply to ((an eligible)) a wireless carrier((;)):

(a) "Local exchange company" means ((an eligible telecommunication carrier providing local service, i.e., the)) a telephone company that is required by the Washington utilities and transportation commission to offer WTAP benefits and offers local calling, i.e., calling without long distance charges.

(b) "Flat rate service" is telephone service with a single monthly payment that allows unlimited local calling for a specified length of time. The local exchange flat rate includes any federal end user access charges and other charges necessary to obtain the service((.

(4) Have the lowest available flat rate service; and

(5))); and

(3) You must have the local telephone service billed in your name.

[Statutory Authority: RCW 74.08.090, 80.36.440. 01-09-023, 388-273-0020, filed 4/9/01, effective 6/1/01.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 01-09-023, filed 4/9/01, effective 6/1/01)

WAC 388-273-0025   Benefits you receive as a WTAP participant.   (1) WTAP participants receive a:

(a) Discount on local telephone flat rate services, when the flat rate is more than the WTAP assistance rate;

(b) Waiver of deposit requirements on local telephone service; and

(c) Fifty percent discount on service connection fees. Any connection fee discounts available from other programs are added to the WTAP discount, to pay part or all of the remaining fifty percent.

(2) WTAP benefits are limited to one residential line per household.

(3) The deposit waiver and the discount on connection fees are available once per service year. "Service year" means the period beginning July 1 and ending June 30 of the following calendar year.

(4) Your benefits begin the date you are approved for WTAP assistance and continue through the next June 30, except if you qualified for telephone assistance through using the community services voice mail programs, you will receive one additional service year of benefits.

(5) WTAP benefits do not include charges for line extension, optional extended area service, optional mileage, customer premises equipment, applicable taxes or delinquent balances owed to the telephone company.

[Statutory Authority: RCW 74.08.090, 80.36.440. 01-09-023, 388-273-0025, filed 4/9/01, effective 6/1/01.]

Washington State Code Reviser's Office