PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Subject of Possible Rule Making: The department is amending WAC 388-408-0040 How does living in an institution affect my eligibility for Basic Food?
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes proposed to this rule will be to allow persons living at certain drug and/or alcohol treatment centers to receive food stamp benefits under the Washington Basic Food program.
Currently, persons must be living at a nonprofit facility certified by the Washington state division of alcohol and substance abuse in order to be eligible for Basic Food benefits. Under new guidance provided by the United States Department of Agriculture, Food and Nutrition Service - someone residing in a nonprofit drug or alcohol addiction treatment facility may participate in the food stamp program if the facility meets one of the following three conditions:
• The facility receives funding under part B of Title XIX of the Social Security Act;
• Eligible to receive funding under part B of Title XIX of the Social Security Act even if the facility does not receive these funds; or
• Operating to further the purposes of part B of Title XIX of the Social Security Act.
The department's division of alcohol and substance abuse will determine which nonprofit facilities meet the criteria listed above.
Changes proposed to this rule will be consistent with policy information provided under Food Stamp Program Administrative Notice 06-08 dated April 10, 2006.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) publishes federal regulations for the food stamp program in the Federal Register. Rules published in the Federal Register are incorporated into the United States Code of Federal Regulations. FNS also issues administrative notices to inform states of new program requirements that are not yet in the United States Code of Federal Regulations.
DSHS incorporates these regulations and exercises state options by adopting administrative rules for food assistance benefits in Washington state.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file the proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Camp, Policy Analyst, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 493-3493, e-mail campjx@dshs.wa.gov.
June 5, 2006
Andy Fernando, Manager
Rules and Policies Assistance Unit