WSR 97-22-052

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 31, 1997, 4:06 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-11-078 on May 21, 1997.

Title of Rule: WAC 388-245-1150 Periodic and special review of eligibility.

Purpose: To reduce workload in community services offices by increasing the minimally acceptable time frame for reviewing client eligibility from six months to twelve months.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Statute Being Implemented: Public Law 104-193, 1996.

Summary: Public Law 104-193 removed the requirement for client eligibility reviews to be conducted every six months. The state plan now allows client eligibility reviews to be conducted every twelve months.

Reasons Supporting Proposal: To reduce workload in the community services offices.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Virginia H. Paynter, WorkFirst Division, (360) 413-3098.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-245-1510 Periodic and special review of eligibility. This issuance allows clients to have their eligibility reviewed once every twelve months instead of once every six months. This will help clients to focus more on the employment aspect of temporary assistance to needy families and it will free up time community services office workers use doing reviews so the time can be used in employment-focused activities and help for clients.

Proposal Changes the Following Existing Rules: WAC 388-245-1150 changes the minimally acceptable time frame for reviewing client eligibility from six months to twelve months.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The Department of Social and Health Services rules relating to medical and financial eligibility are exempt.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 9, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 26, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by December 9, 1997.

Date of Intended Adoption: No sooner than December 10, 1997.

October 30, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 94-10-065, filed 5/3/94, effective 6/3/94)

WAC 388-245-1150 Periodic and special review of eligibility. (1) The department shall redetermine the eligibility of financial assistance recipients at least once in every ((six)) twelve months of continuous receipt of assistance. The redetermination shall include:

(a) A review of each eligibility factor and an evaluation of any change occurring since eligibility was previously established or reviewed; and

(b) For ((AFDC)) TANF and SFA recipients, a face-to-face interview at least once every twelve months.

(2) At each periodic review of eligibility the department shall provide the recipient information regarding:

(a) Significant changes in public assistance laws or department rules not previously discussed which may affect the recipient; and

(b) The recipient's legal rights and responsibilities in connection with public assistance.

(3) The department shall complete a full review if a sufficient number of factors have changed to require a redetermination of eligibility.