WSR 98-11-084

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed May 19, 1998, 3:02 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 97-20-120

Title of Rule:

NEW CHAPTERS:
Title of rule: Summary:
CHAPTER 388-400 WAC

PROGRAM SUMMARY

Summarizes assistance eligibility requirements by program.
CHAPTER 388-404 WAC

AGE REQUIREMENTS

Describes age requirements that apply to DSHS assistance programs.
CHAPTER 388-406

APPLICATIONS

Explains how the department accepts and processes an application for assistance.
CHAPTER 388-408 WAC ASSISTANCE UNITS Explains how different public assistance programs determine who makes up a single household.
CHAPTER 388-410 WAC

BENEFIT ERROR

Explains how program overpayments are determined and the methods used for collection.
CHAPTER 388-412 WAC BENEFIT ISSUANCES Explains how the department issues benefits for public assistance.
CHAPTER 388-414 WAC CATEGORICAL ELIGIBILITY FOR FOOD ASSISTANCE Explains that when a client is already eligible for certain programs, they are automatically eligible for food assistance.
CHAPTER 388-416 WAC CERTIFICATION PERIODS Explains how long an eligible client can receive assistance before the department rechecks eligibility.
CHAPTER 388-418 WAC CHANGE OF CIRCUMSTANCE Explains which changes in circumstance clients must report to the department.
CHAPTER 388-420 WAC CHEMICAL DEPENDENCY FOOD ASSISTANCE Describes when clients are eligible for food assistance while receiving alcohol or drug treatment.
CHAPTER 388-422 WAC

CHILD SUPPORT

Explains child support requirements that clients must meet in order to be eligible for assistance.
CHAPTER 388-424 WAC CITIZENSHIP/ALIEN STATUS Explains citizenship requirements for public assistance.
CHAPTER 388-426 WAC CLIENT COMPLAINTS Provides for a complaint procedure for clients of assistance programs.
CHAPTER 388-428 WAC CONFIDENTIALITY Explains which client information the department can disclose for assistance programs and which is confidential.
CHAPTER 388-430 WAC DEPRIVATION Describes the factors which are considered when determining if a child is deprived of parental support.
CHAPTER 388-434 WAC ELIGIBILITY REVIEWS AND RECERTIFICATIONS Describes how the department reviews eligibility for cash and medical assistance benefits and how they recertify food assistance eligibility periodically.
CHAPTER 388-436 EMERGENCY ASSISTANCE FOR CASH Defines criteria for programs to provide cash assistance to clients under special or emergency circumstances.
CHAPTER 388-437 WAC EMERGENCY ASSISTANCE FOR FOOD STAMPS Explains the conditions under which food stamps are available in a disaster.
CHAPTER 388-438 WAC MEDICALLY INDIGENT Explains who can receive services under special emergency medical assistance programs.
CHAPTER 388-440 WAC EXCEPTIONS TO RULE Explains circumstances under which the secretary of DSHS may grant an exception to policy requirements for an individual client.
CHAPTER 388-442 WAC FELONS Explains under what circumstances a felon is eligible for public assistance.
CHAPTER 388-444 WAC FOOD STAMP EMPLOYMENT AND TRAINING Tells which clients have to participate in employment or training in order to receive assistance. Explains how these mandates relate to food assistance eligibility.
CHAPTER 388-446 WAC

FRAUD

Describes what happens to clients suspected or convicted of committing fraud to receive assistance benefits.
CHAPTER 388-448 WAC INCAPACITY Describes which clients meet definitions for general assistance-unemployable benefits and which children are considered deprived of parental support due to capacity.
CHAPTER 388-450 WAC

INCOME

Describes what is considered as income and how income affects a client's eligibility for cash, medical and food assistance.
CHAPTER 388-452 WAC INTERVIEW REQUIREMENTS Sets minimum criteria for client interviews for assistance programs.
CHAPTER 388-454 WAC

LIVING WITH A RELATIVE

Explain which relatives a child must live with to be eligible for assistance.
CHAPTER 388-456 WAC

MONTHLY REPORTING

Explains when clients have to file monthly reports to remain eligible for assistance.
CHAPTER 388-458 WAC NOTICES TO CLIENTS Sets criteria for when and how DSHS has to provide formal notice to a client before taking action.
CHAPTER 388-460 WAC

PAYEES ON WARRANTS

Explains how the department decides whose name to issue an assistance payment to in a household.
CHAPTER 388-462 WAC PREGNANCY Explains the assistance programs available to women when they are pregnant.
CHAPTER 388-464 WAC QUALITY ASSURANCE Requires certain clients to cooperate with the quality assurance review process in Economic Services Administration.
CHAPTER 388-466 WAC

REFUGEE PROGRAM

Explains eligibility requirements for refugee assistance.
CHAPTER 388-468 WAC RESIDENCY Sets residency rules for public assistance eligibility.
CHAPTER 388-470 WAC

RESOURCES

Explains how many assets a person may have and still be eligible for assistance benefits.
CHAPTER 388-472 WAC RIGHTS AND RESPONSIBILITIES Sets out mandated rights and responsibilities for clients.
CHAPTER 388-474 WAC SUPPLEMENTAL SECURITY INCOME Describes who may qualify for SSI benefits, what coverage is available, under what conditions they can be terminated and what happens for overpayments or duplicate payments.
CHAPTER 388-476 WAC SOCIAL SECURITY NUMBER Tells when a social security number is a requirement and describes requirements when a social security number is not available for assistance programs.
CHAPTER 388-478 WAC

STANDARDS FOR PAYMENTS

Defines maximum and minimum payment standards for assistance programs.
CHAPTER 388-480 WAC STRIKERS Describes assistance eligibility provisions that apply when a person is on strike.
CHAPTER 388-482 WAC

STUDENT STATUS

Explains which students are eligible for food assistance.
CHAPTER 388-484 WAC TANF/SFA FIVE YEAR TIME LIMIT Provides for a limit to the length of time a person may receive assistance under Temporary Assistance for Needy Families or State Family Assistance programs.
CHAPTER 388-486 WAC

TEEN PARENT

Explains eligibility criteria for unmarried pregnant or parenting teens to receive assistance.
CHAPTER 388-488 WAC TRANSFER OF PROPERTY Describes what happens to assistance eligibility when a client transfers property to another person.
CHAPTER 388-490 WAC VERIFICATION Lists mandatory verification requirements and criteria for additional verification requests needed to determine eligibility for assistance.
AMENDED RULES:
WAC 388-86-027 Describes requirements for the Healthy Kids program.
WAC 388-501-0135 Explains the program for clients needing help in the appropriate use of medical services.
WAC 388-505-0540 Assigns rights for medical programs.
WAC 388-538-060 Explains who is eligible for healthy options programs.
WAC 388-538-080 Explains who is exempt from healthy options programs.
WAC 388-538-095 Explains healthy options scope of care.
WAC 388-538-130 Explains who is removed from healthy options programs.
NEW RULES:
WAC 388-503-0505 Defines eligibility for medical assistance programs.
WAC 388-503-0510 Defines eligibility for categorical medical.
WAC 388-503-0515 Explains who is automatically eligible for CN medical.
WAC 388-503-0520 Explains who on TANF is automatically eligible for CN medical.
WAC 388-505-0110 Describes medical assistance coverage for adults who can't be covered under Family Medical.
WAC 388-505-0210 Describes children's Medicaid eligibility.
WAC 388-505-0220 Describes medical eligibility for families.
WAC 388-517-0300 Explains the programs that help clients pay Medicare coverage out-of-pocket costs.
WAC 388-519-0100 Explains the medically needy program.
WAC 388-519-0110 Explains how a person may be eligible for medical assistance if their income exceeds specific limits.
WAC 388-519-0120 Explains additional "Spenddown" requirements.
WAC 388-523-0100 Explains when medical assistance benefits may be extended.
WAC 388-529-0100 Describes the scope of covered medical services available to clients in medical programs.
WAC 388-529-0200 Describes the medical services available to eligible clients.
REPEALED RULES:
Title of Rule:
Chapter 388-49 WAC FOOD ASSISTANCE PROGRAMS
WAC 388-55-0006 Summary of eligibility conditions
WAC 388-55-0008 Eligibility conditions--Refugee status
WAC 388-55-0010 Common eligibility conditions
WAC 388-55-0020 Work and training eligibility conditions
WAC 388-55-0030 Treatment of income and resources
WAC 388-55-0040 Refugee medical assistance
WAC 388-55-0060 Refugee notification and referral
WAC 388-200-1100 Grievance procedures
WAC 388-200-1150 Exception to rule
Chapter 388-210 WAC APPLICATIONS FOR ASSISTANCE
Chapter 388-212 WAC VERIFICATION OF ELIGIBILITY
Chapter 388-215 WAC AID TO FAMILIES WITH DEPENDENT CHILDREN--CATEGORICAL ELIGIBILITY
Chapter 388-216 WAC RESOURCE ELIGIBILITY
Chapter 388-217 WAC TRANSFER OF PROPERTY
Chapter 388-218 WAC AID TO FAMILIES WITH DEPENDENT CHILDREN--INCOME POLICIES
Chapter 388-219 WAC GENERAL ASSISTANCE--INCOME POLICIES
Chapter 388-220 WAC STATE FAMILY ASSISTANCE
Chapter 388-225 WAC CONSOLIDATED EMERGENCY ASSISTANCE PROGRAM--CEAP
Chapter 388-230 WAC GENERAL ASSISTANCE FOR PREGNANT WOMEN
Chapter 388-233 WAC GENERAL ASSISTANCE FOR CHILDREN
WAC 388-235-0010 Purpose of program
WAC 388-235-0020 Definitions
WAC 388-235-0030 Summary of eligibility conditions
WAC 388-235-0040 Assistance unit
WAC 388-235-0050 Age requirements
WAC 388-235-0060 Residence--Establishing
WAC 388-235-0070 Residence--Temporary absences
WAC 388-235-0080 Residence--Applicant living in another state
WAC 388-235-0090 Residence--Applicant receiving assistance from another state
WAC 388-235-0100 Citizenship and alien status
WAC 388-235-0110 Social Security number
WAC 388-235-2000 Resources
WAC 388-235-3000 Income
WAC 388-235-4000 GAU payment and need standards
Chapter 388-245 WAC MAINTENANCE OF GRANT PROGRAMS
Chapter 388-250 WAC GRANT STANDARDS
WAC 388-255-1350 Additional requirements for emergent situations
WAC 388-255-1400 One-time grant--Authorization--Disbursement
WAC 388-265-1010 Grant payment--General provisions
WAC 388-265-1050 Grant authorization
WAC 388-265-1100 Grant payee
WAC 388-265-1550 Client notification of protective payee or vendor payee
WAC 388-265-1700 Confidential information--Protective payee or vendor payee
WAC 388-265-1800 Warrant endorsement
WAC 388-265-1850 Warrant delivery
WAC 388-265-1900 Warrant cancellation
WAC 388-265-1950 Loss, theft, or destruction of a client's warrant
WAC 388-265-2000 Loss, theft, or destruction of a vendor warrant
Chapter 388-270 WAC INCORRECT PAYMENTS
WAC 388-275-0020 SSI: Definitions
WAC 388-275-0030 SSI: Administrative responsibilities
WAC 388-275-0050 SSI: Waiver of state supplement
WAC 388-275-0060 SSI: Payments
WAC 388-275-0070 SSI: Termination of state supplement
WAC 388-275-0090 SSI: Representative payee
Summary of Repealed Rules:
The rules being repealed have been consolidated, shortened and simplified by a special task team with members from Economic Services and Medical Assistance Administrations to comply with criteria in the Governor's Executive Order 97-02. No program policy has been changed. These current rules are being repealed and the revised version of the rules proposed for adoption as part of new chapter 388-400 WAC.

Purpose: To consolidate and simplify program and eligibility requirements for cash, food, and medical assistance to comply with criteria in the Governor's Executive Order 97-02

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090

Summary: See Title of Rule above

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Roxie Schalliol, 14th and Jefferson, Mailstop 4-5070, Olympia, 98504, (360) 902-7791

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: See Title of Rule above

Proposal Changes the Following Existing Rules: Current rules (see Title of Rule above for the complete list by number) are being amended or repealed, and new rules proposed under new chapter 388-400 WAC

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect businesses.

RCW 34.05.328 does not apply to this rule adoption. These rules are not considered significant rules because they do not change existing policy.

Hearing Location: There will be two hearings held on July 21, 1998, one in Olympia and one in Spokane. Maps and/or directions are available for both locations. Olympia Hearing: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, at 10:00 a.m. Spokane Hearing: DSHS/DDD-Field Services, West 1611 Indiana, Training Room, Spokane, WA 99205, at 1:00 p.m

Assistance for Persons with Disabilities: Contact Paige Wall by July 12, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov

Submit Written Comments to: 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 July 21, 1998

Date of Intended Adoption: July 28, 1998

May 19, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit



Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-13 issue of the Register.

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