SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 29, 2019, 9:51 a.m.]
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-408-0040 How does living in an institution affect my eligibility for basic food? and 388-420-010 Alcohol and drug treatment centers.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division is proposing to amend WAC 388-408-0040 and 388-420-010 through the expedited rule-making process for housekeeping purposes. These amendments will update obsolete WAC cross-references that have the same effect as the previous cross-references.
Reasons Supporting Proposal: The cross-references have changed as a result of 2018 legislation (2ESHB 1388) transferring authority and responsibility of behavioral health agency licensing and certification from the department of social and health services (DSHS) to the department of health.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ivette Dones-Figueroa, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4651.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Changes are minor and needed to correct obsolete WAC cross-references that have the same effect as the previous cross-references.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, DSHS, P.O. Box 45850, Olympia, WA 98504, phone 360-664-6097, fax 360-664-6185, email DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY July 1, 2019.
April 25, 2019
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 15-16-022, filed 7/24/15, effective 8/24/15)
WAC 388-408-0040How does living in an institution affect my eligibility for basic food?
(1) For basic food, an "institution" means a place where people live that provides residents more than half of three meals daily as a part of their normal services.
(2) Most residents of institutions are not eligible for basic food.
(3) If you live in one of the following institutions, you may be eligible for basic food even if the institution provides the majority of your meals:
(a) Federally subsidized housing for the elderly;
(b) Qualified drug and alcohol treatment centers when an employee of the treatment center is the authorized representative as described under WAC 388-460-0010;
(c) Qualified developmental disabilities administration (DDA) group homes for persons with disabilities;
(d) A shelter for battered women and children when the resident left the home that included the abuser; or
(e) Nonprofit shelters for the homeless.
(4) A qualified DDA group home is a nonprofit residential facility that:
(a) Houses sixteen or fewer persons with disabilities as defined under WAC 388-400-0040(9); and
(b) Is certified by DDA.
(5) A qualified drug and alcohol treatment center is a residential facility that:
(a) Is authorized as a retailer by the U.S. Department of Agriculture, Food and Nutrition Service or operated by a private nonprofit organization; and
(b) Meets the ((division of behavioral health and recovery (DBHR) chemical dependency))department of health (DOH) residential substance use disorder treatment services licensing and certification rules in WAC ((388-877B-0200))246-341-1108.
(6) The qualified drug and alcohol treatment center described in subsection (5) in this section must be:
(a) Receiving funds under part B of Title XIX of the Public Health Service Act;
(b) Eligible to receive funds under part B of Title XIX of the Public Health Service Act, but does not receive these funds; or
(c) Operating to further the purposes of part B of the Public Health Service Act to provide treatment and rehabilitation of drug addicts or alcoholics.
(7) Elderly or disabled individuals and their spouses may use basic food benefits to buy meals from the following meal providers if FNS has approved them to accept basic food benefits:
(a) Communal dining facility; or
(b) Nonprofit meal delivery service.
(8) If you are homeless, you may use your basic food benefits to buy prepared meals from nonprofit organizations the department has certified as meal providers for the homeless.
AMENDATORY SECTION(Amending WSR 14-21-119, filed 10/17/14, effective 11/17/14)
WAC 388-420-010Alcohol and drug treatment centers.
(1) Food assistance is only available to a resident of a drug and alcohol treatment center when the treatment center is administered by a public or private nonprofit agency. In addition, the residential treatment center must be:
(a) Licensed by the ((division of behavioral health and recovery (DBHR)))department of health (DOH) as a behavioral health agency (see chapter ((388-877))246-341 WAC); and
(b) Certified by ((DBHR))DOH to provide ((chemical dependency)) residential substance use disorder treatment services (see WAC ((388-877B-0200))246-341-1108).
(2) A resident is considered a one person assistance unit. However if the resident's spouse or child is also living in the treatment center, the spouse or child is included in the resident's assistance unit.
(3) The resident must have a designated employee of the treatment center act as an authorized representative as specified in chapter 388-460 WAC.
(4) The authorized representative receives and uses the food assistance benefits for meals the resident is served in the treatment center.
(5) The authorized representative also has responsibilities as specified in chapter 388-460 WAC.