WSR 99-08-015

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed March 29, 1999, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-097.

Title of Rule: WAC 388-452-0005 Interview requirements.

Purpose: Waive the requirement of a face-to-face interview for family-related medical programs.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

Statute Being Implemented: 42 CFR 435.907.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45530, Olympia, WA 98504-5530, (360) 753-7462.

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

Rule is necessary because of federal law, 42 CFR 435.907.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It concerns eligibility policy and affects only clients and staff.

RCW 34.05.328 applies to this rule adoption. This proposed WAC is incorporating federal regulations. DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on May 11, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by April 30, 1999, 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 May 11, 1999.

Date of Intended Adoption: May 12, 1999.

March 26, 1999

Edith M. Rice, Chief

Office of Legal Affairs

2512.6
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-452-0005
Interview requirements.

(1) ((Persons applying for assistance programs have a single in-office interview unless an alternate type of interview is requested and approved.  The interview is conducted in:

(a) A community services office; or

(b) A Social Security Administration district office for SSI applicant or recipient assistance units applying for food assistance programs)) When the client’s application or review is for a combination of cash, food, or medical programs the department requires only a single interview.

(2) ((The person who attends the eligibility interview is:

(a) For food assistance, a responsible member of the assistance unit or an authorized representative as defined in WAC 388-462-0005; or

(b) For cash assistance and medical, an applicant or someone representing the applicant when the applicant is unable to come into the office)) The client has an interview when they apply for or have an eligibility review for cash, food, or medical benefits. However, the client is not required to attend an interview when the client’s application or review is only for medical benefits:

(a) For a pregnant woman;

(b) For a child under the age of nineteen;

(c) For a family with children under the age of nineteen; or

(d) When the department has enough information to determine eligibility or can obtain the information by mail.

(3) ((TANF and SFA assistance units are required to have an in-office interview at least once every twelve months for redetermination of eligibility)) The client or another person who can provide information about the assistance unit must attend the interview. The client may bring another person to the interview. The client may choose another person to attend the interview for them when:

(a) The client cannot come to the local office for a cash or medical program eligibility determination; or

(b) The client has an authorized representative as described in WAC 388-462-0005 for food assistance.

(4) ((A client may bring anyone to the interview.

(5) Persons applying for medical only are not required to have an in-office interview when the person:

(a) Is pregnant and the application is for a pregnancy-related program; or

(b) Is applying only for a child under nineteen years of age and the application is for a medical program for children.

(6) Applicants may have an alternate type of interview rather than an in-office interview.  An alternate type of interview is completed:

(a) By telephone;

(b) By a scheduled home visit; or

(c) For medical only programs, through the mail.

(7) Applicants may have an alternate type of interview when they request an alternate type and:

(a) They are unable to appoint an authorized representative;

(b) They do not have a responsible assistance unit member able to come into the office because of hardships; or

(c) For medical programs, there is adequate information to determine eligibility)) The department usually holds the interview at the local office. The client may have a scheduled home visit or a telephone interview if attending an interview at the local office causes a hardship for the client or the client’s representative.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-452-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0420.]

Washington State Code Reviser's Office