WSR 02-22-063

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 1, 2002, 3:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-15-134.

Title of Rule: New WAC 388-271-0010 What are limited English proficient (LEP) services?, 388-271-0020 What are the department's responsibilities in providing me with an interpreter? and 388-271-0030 What are the department's responsibilities in providing me with written communication in my primary language?; and repealing WAC 388-200-1200 Translation of written communications with a limited English proficient client.

Purpose: These new rules define and describe LEP services that are available to applicants and recipients of Economic Services Administration (ESA) programs within DSHS.

Statutory Authority for Adoption: RCW 74.04.025, 74.08.090.

Statute Being Implemented: RCW 74.04.025.

Summary: WAC 388-271-0010 defines LEP services and who is eligible to receive these services. WAC 388-271-0020 describes interpreter services and how they are provided to applicants and recipients. WAC 388-271-0030 describes written translation services and how they are provided to applicants and recipients. These new rules are necessary to ensure LEP applicants and recipients understand what services are available to them to assist them in communicating with the department.

Reasons Supporting Proposal: Rules describing these services are not available.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jason Reed, 1009 College Street S.E., Lacey, WA 98504-5440, (360) 413-3223.

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: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: WAC 388-200-1200 is being repealed and subject matter is being moved to these new WACs. Information in WAC 388-200-1200 was not complete and not in the appropriate chapter.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules only affect DSHS clients and do not have an economic impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. The rules do not meet the definition of a significant legislative rule as defined in RCW 34.05.328 (5)(c)(iii). The rules do not adopt substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction. The rules do not establish, alter, or revoke any qualification or standard for the issuance, suspension, or revocation of a license or permit. The rules do not adopt a new, or make significant amendments to, a policy or regulatory program.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on December 10, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 6, 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., December 10, 2002.

Date of Intended Adoption: Not earlier than December 11, 2002.

October 30, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3182.1
Chapter 388-271 WAC

LIMITED ENGLISH PROFICIENT SERVICES


NEW SECTION
WAC 388-271-0010   What are limited English proficient (LEP) services?   (1) The department provides limited English proficient (LEP) services to you if you are limited in your ability to read, write and/or speak English. These services provide a way for us to communicate with you even though you are limited in your ability to communicate in English. LEP services are provided in your primary language by authorized bilingual workers or by contracted interpreters and translators. Your primary language is the language you have indicated on your application or your eligibility review as the language you wish to communicate in with the department.

(2) LEP services include:

(a) Interpreter (verbal) services in person and/or over the telephone; and

(b) Translation of department forms, letters and other printed materials.

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NEW SECTION
WAC 388-271-0020   What are the department's responsibilities in providing me with an interpreter?   (1) If you have trouble speaking and/or understanding English, and a bilingual worker is not available to assist you, we get a qualified interpreter in your primary language to help you communicate verbally with us. A qualified interpreter is someone who is fluent in English and your primary language and is trained on the Interpreter Code of Professional Conduct.

(2) Interpreter services are provided in-person or over the telephone.

(3) We pay for the interpreter. You do not have to pay anything.

(4) If a worker from our department feels that they are not able to communicate with you well enough to provide adequate services, they may request the services of an interpreter even if you did not ask for help.

(5) We will provide interpreter services to you in a timely manner so that we can process your case within the processing timeframes defined in chapter 388-406, 388-418, and 388-434 WAC.

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NEW SECTION
WAC 388-271-0030   What are the department's responsibilities in providing me with written communication in my primary language?   (1) We provide fully translated written communication in your primary language. This includes, but is not limited to:

(a) Department pamphlets, brochures and other informational material that describe department services and client rights and responsibilities;

(b) Department forms, including applications and individual responsibility plans, that we ask you to complete and/or sign; and

(c) Department letters as described in chapter 388-458 WAC.

(2) We pay for the written translation. You do not have to pay anything.

(3) We will provide translated documents to you in a timely manner so that we can process your case within the processing timeframes defined in chapter 388-406, 388-418, and 388-434 WAC.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-200-1200 Translation of written communications with a limited English proficient client.

Washington State Code Reviser's Office