CHILDREN, YOUTH, AND FAMILIES

[Filed February 26, 2026, 9:07 a.m., effective February 26, 2026, 9:07 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Modifications to WAC 110-15-0271 Payment discrepancies—Consumer, are necessary to align rules with child care development fund grant requirements to not pursue overpayments that may occur related to presumptive eligibility approvals, except in cases of fraud or intentional program violations, per ESSB 5167. This is the third emergency filing for this project. The first was filed as WSR 25-14-112. The second was filed as WSR 25-22-040.

Citation of Rules Affected by this Order: Amending WAC 110-15-0271.

Statutory Authority for Adoption: Chapter 43.216 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These rule amendments are needed to comply with ESSB 5167.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 26, 2026.

AMENDATORY SECTION(Amending WSR 22-05-007, filed 2/3/22, effective 3/6/22)

WAC 110-15-0271Payment discrepancies—Consumer.

(1) ((DCYF establishes))The department may establish overpayments for past or current consumers when the consumer:

(a) Received benefits in an amount greater than the consumer was eligible to receive;

(b) Received benefits or services based on the eligibility criteria of the consumer's participation in an approved activity, but the consumer did not participate in the activity;

(c) Failed to report information accurately under the requirements of this chapter, which resulted in an error in determining eligibility, amount of care authorized, or copayment; or

(d) Received benefits for a child who was not eligible under WAC 110-15-0005, 110-15-0015, or 110-15-0020((; or

(e) Failed to return, by the sixtieth day, the requested income verification of new employment as provided in WAC 110-15-0012)).

(2) ((DCYF))The department or DSHS may request documentation from a consumer when preparing to establish an overpayment. The consumer has 14 consecutive calendar days to provide any requested documentation.

(3) Consumers may be required to repay any overpayments they received, including overpayments resulting from ((DCYF))the department or DSHS error and benefits paid by DSHS or ((DCYF))the department they were not eligible to receive.

(4) If a consumer is not eligible under WAC 110-15-0030 through 110-15-0032 and the provider has billed correctly, the consumer is responsible for the entire overpayment.