WSR 97-06-133
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed March 5, 1997, 11:18 a.m.]
Date of Adoption: March 5, 1997.
Purpose: To add the provision of payment to contracted persons who are relatives or friends of a client and to add clients sanctioned under JOBS to those required to have protective payees.
Citation of Existing Rules Affected by this Order: Amending WAC 388-265-1750.
Statutory Authority for Adoption: RCW 74.08.090 and 74.08.280.
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Change based on the advice [of] assistant attorney general for economic services and for Office of Contracts that current WAC is in violation of contract law because it does not provide "adequate consideration" for services provided by contracted friends or relatives.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
March 5, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3858, filed 5/24/95, effective 6/24/95 WAC 388-265-1750 Protective payee fees. (1) The department may authorize a fee to cover approved administrative costs of the protective payee under the following conditions:
(a) The person serving as protective payee is not a ((friend,
relative, or)) department employee; and
(b) The client is eligible for:
(i) GA-U;
(ii) ((AFDC)) TANF when the department has determined a client is
unable to manage the client's assistance funds; ((or))
(iii) TANF when the department has determined a client is under sanction due to failure, without good cause, to participate in the jobs opportunity and basic skills training (JOBS) program; or
(iv) GA or ((AFDC)) TANF and is a pregnant or parenting minor, and
protective payment established under RCW 74.04.0052 or RCW 71.12.255.
(2) The department shall not allow the protective payee to withhold money from the client's grant for payment of the protective payee's costs or services.
(3) "Administrative costs fee" means a fixed amount per assistance
recipient, as set forth in the contract between the protective payee and
the department.
[Statutory Authority: RCW 74.08.090, 1994 c 299 33, RCW 74.08.280 and 74.50.060(2). 95-11-119 (Order 3858), 388-265-1750, filed 5/24/95, effective 6/24/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-265-1750, filed 5/3/94, effective 6/3/94. Formerly WAC 388-33-455 (part).]