WSR 06-17-130

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 21, 2006, 4:40 p.m. ]

Subject of Possible Rule Making: The department is amending WAC 388-418-0011 What is a midcertification review, and do I have to complete one in order to keep receiving benefits?, the department may amend related rules as necessary to meet federal requirements to verify a person's hours of WorkFirst participation under chapter 388-310 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08.260, 74.08A.903, and Public Law 109-171.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes proposed to this rule will be to modify the verification requirements for midcertification reviews households must complete in order to continue receiving cash, food, and medical benefits from the department.

The department must modify verification requirements for persons who are employed or self employed and receive temporary assistance for needy families (TANF) benefits or state family assistance (SFA). Newly published interim rules for TANF require the department to verify actual hours worked at least every six months. The department will revise rules to require verification of income and hours worked as a component of completing the midcertification review for households receiving TANF or SFA benefits. The department may choose to align verification requirements at midcertification review for other programs administered by the department.

Changes proposed to this rule will be consistent with the Deficit Reduction Act of 2005 and the TANF interim final rules published by the Department of Health of [and] Human Services, Administration for Children and Families.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Congress reauthorized the temporary assistance for needy families (TANF) program under the Deficit Reduction Act of 2005, now known as Public Law 109-171. This law authorized the United States Department of Health and Human Services (HHS) to adopt regulations regarding the administration of the TANF program. The Administration for Children and Families within HHS adopts rules regarding the administration of the TANF program.

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 regulations from federal agencies and exercises state options by adopting administrative rules for cash and 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 a 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.

August 21, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office