WSR 22-01-127
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 13, 2021, 12:44 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-19-116.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-412-0025 How do I receive my benefits?
Hearing Location(s): On January 25, 2022, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2; or virtually. Due to the COVID-19 pandemic, hearings are being held virtually. Please see the DSHS website for the most up-to-date information.
Date of Intended Adoption: Not earlier than January 26, 2022.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by January 25, 2022, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6198, fax 360-664-6185, TTY 711 relay service, email Tenczsa@dshs.wa.gov [Tencza@dshs.wa.gov], by January 11, 2022, by 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to WAC 388-412-0025 align policy regarding replacement of cancelled benefits from an electronic benefit transfer (EBT) account with that of current federal regulations.
Reasons Supporting Proposal: See above.
Rule is necessary because of federal law, 7 C.F.R. 274.2 (i)(3).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Patrick Budde, P.O. Box 45470, Olympia, WA 98504-5470, 360-764-0068.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed rules do not affect small businesses. They only affect DSHS clients.
December 10, 2021
Katherine I. Vasquez
Rules Coordinator
SHS-4904.1
AMENDATORY SECTION(Amending WSR 21-13-168, filed 6/23/21, effective 8/1/21)
WAC 388-412-0025How do I receive my benefits?
(1) You can choose to get your cash benefits by:
(a) Electronic benefit transfer (EBT), which is a direct deposit into a DSHS account that you access with a debit card called the Washington EBT Quest card;
(b) Electronic funds transfer (EFT), which is a direct deposit into your own bank account;
(c) A warrant (check) to an approved authorized representative (AREP);
(d) A warrant (check) to a payee who is not approved for direct deposit; or
(e) A warrant (check) to you if you get:
(i) Diversion cash assistance (DCA) that is not paid directly to a vendor;
(ii) Ongoing additional requirements (OAR) that cannot be paid directly to a vendor; or
(iii) Clothing and personal incidentals (CPI) payments.
(2) We send your basic food benefits to you by EBT.
(3) EBT accounts:
(a) We set up an EBT account for the head of household of each assistance unit (AU) that receives benefits by EBT.
(b) You use a Quest debit card to access your benefits in your EBT account. You select a personal identification number (PIN) that you must enter when using this card.
(c) You must use your cash and basic food benefits from your EBT account. We cannot transfer cash to your bank account or change cash or basic food benefits to checks.
(4) Suspended EBT benefits:
(a) We suspend access to benefits from your EBT account if:
(i) You are a single-person household; and
(ii) We are notified that you are incarcerated over ((thirty))30 days.
(b) You must contact the department upon release to activate your EBT account for use within ((forty-eight))48 hours.
(5) Unused EBT benefits:
(a) If you do not use your EBT account within ((two-hundred seventy-four))274 days, we cancel the cash and basic food on your account; or
(b) Benefits on your account will be canceled upon verification you and all members of your household are deceased.
(6) Replacing benefits:
(a) Replacing basic food benefits:
(i) We can replace cancelled benefits we deposited less than ((three hundred sixty-five))274 days from the date you ask for us to replace your benefits.
(ii) We cannot replace cancelled benefits deposited ((three hundred sixty-five))274 or more days from the date you ask us to replace your benefits.
(b) Replacing cash benefits: We can replace cancelled cash benefits for you or another member of your assistance unit. Cash benefits are not transferable to someone outside of your assistance unit.
(c) Replacing cash warrants:
(i) If we issued you cash benefits as a warrant we can replace these benefits for you or a member of your assistance unit. Cash benefits are not transferable to someone outside of your assistance unit.
(ii) If we issued the benefits as a warrant ((one hundred sixty))160 or fewer days ago, your local office can replace the warrant.
(iii) If we issued the benefits as a warrant more than ((one hundred sixty))160 days ago, the Office of Accounting Services (OAS) can replace the warrant. We will contact OAS with the request.
(7) Correcting your EBT balance: When you make a purchase with your EBT card a system error can occur where the purchase amount is not deducted from your EBT account. When the error is discovered the following will happen:
(a) You will be notified in writing of the system error before the money is removed from your account; and
(b) You will have ((ninety))90 days to request an administrative hearing. If you ask for an administrative hearing within ((ten))10 calendar days, the money will not be removed from your EBT account unless:
(i) You withdraw your administrative hearing request in writing;
(ii) You do not follow through with the administrative hearing process; or
(iii) The administrative law judge tells us in writing to remove the money.