WSR 03-16-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed August 4, 2003, 4:53 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-04-086.

     Title of Rule: Social Security numbers, WAC 388-476-0005.

     Purpose: To delete references to the children's health program and the medically indigent program, as these programs have been eliminated due to budget reductions.

     Statutory Authority for Adoption: RCW 74.08.090.

     Statute Being Implemented: RCW 74.08.090.

     Summary: The department must correct the WAC to remove references to programs that are no longer available.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.

     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: We are only eliminating two references to programs that no longer exist.

     Proposal Changes the Following Existing Rules: See Purpose and Summary above.

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

     RCW 34.05.328 does not apply to this rule adoption. This proposed rule is related to client eligibility for medical or financial assistance, and therefore the revision is exempt from the provisions of RCW 34.05.328 per RCW 34.05.328 (5)(b)(vii).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 9, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 5, 2003, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., September 9, 2003.

     Date of Intended Adoption: Not sooner than September 10, 2003.

July 30, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3277.1
AMENDATORY SECTION(Amending WSR 99-17-025, filed 8/10/99, effective 10/1/99)

WAC 388-476-0005   Social Security number requirements.   (1) With certain exceptions, each person who applies for or receives cash, medical or food assistance benefits must provide to the department a Social Security number (SSN), or numbers if more than one has been issued.

     (2) If the person is unable to provide the SSN, either because it is not known or has not been issued, the person must:

     (a) Apply for the SSN;

     (b) Provide proof that the SSN has been applied for; and

     (c) Provide the SSN when it is received.

     (3) Assistance will not be delayed, denied or terminated pending the issuance of an SSN by the Social Security Administration. However, a person who does not comply with these requirements is not eligible for assistance.

     (4) For cash, medical, and food assistance benefits, a person cannot be disqualified from receiving benefits for refusing to apply for or supply an SSN based on religious grounds.

     (5) For food assistance programs:

     (a) A person can receive benefits for the month of application and the following month if the person attempted to apply for the SSN and made every effort to provide the needed information to the Social Security Administration.

     (b) A newborn may receive benefits for up to six months from the date of birth if the household is unable to provide proof of application for an SSN at the time of birth.

     (6) For medical programs, a newborn as described in WAC 388-505-0210(1) is eligible for categorically needy (CN) medical without meeting the SSN requirement until the baby's first birthday.

     (7) There is no SSN requirement for the following programs:

     (a) The consolidated emergency assistance program;

     (b) The refugee cash and medical assistance program;

     (c) ((The medically indigent program;

     (d))) The alien emergency medical program;

     (((e))d) The state-funded pregnant woman program; and

     (((f) The children's health program; and

     (g))e) Detoxification services.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, § 388-476-0005, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-476-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0530.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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