WSR 05-21-103

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 18, 2005, 1:49 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-17-139.

     Title of Rule and Other Identifying Information: The Division of Child Support (DCS) is proposing amendments to WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-2005 When does an application for public assistance automatically become an application for support enforcement services?, 388-14A-2025 What services does the division of child support provide for a nonassistance support enforcement case?, 388-14A-2035 Do I assign my rights to support when I receive public assistance?, 388-14A-2036 What does assigning my rights to support mean?, 388-14A-2040 Do I have to cooperate with the division of child support in establishing or enforcing child support?, and 388-14A-3350 Are there any limits on how much back support the division of child support can seek to establish?

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on December 6, 2005, at 10:00 a.m.

     Date of Intended Adoption: December 7, 2005.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., December 6, 2005.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by December 2, 2005, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS seeks to clarify when a claim for child support starts as a result of the family receiving Medicaid or medical-only assistance.

     Reasons Supporting Proposal: DCS is amending these rules for clarity and client satisfaction.

     Statutory Authority for Adoption: RCW 74.08.090, 74.20A.055, 74.20A.310.

     Statute Being Implemented: RCW 26.18.170, 74.20A.055, 74.20A.056.

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

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.

     A cost-benefit analysis is not required under RCW 34.05.328. The rule does meet the definition of a significant legislative rule but DSHS rules relating to liability for care of dependents are exempt from preparing a further analysis under RCW 34.05.328 (5)(b)(vii).

October 11, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-22 issue of the Register.

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