WSR 99-11-075

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed May 18, 1999, 2:30 p.m. ]

Date of Adoption: May 18, 1999.

Purpose: To waive the requirement for a face-to-face interview for family medical programs. It has also been rewritten in order to comply with the principles of Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Amending WAC 388-452-0005.

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

Other Authority: 42 C.F.R. 435.907.

Adopted under notice filed as WSR 99-08-015 on March 29, 1999.

Changes Other than Editing from Proposed to Adopted Version: Added language in subsection (2) concerning a person's medical eligibility must be determined when a person is denied cash and/or food stamp benefits for failure to appear for an interview.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 18, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2512.7
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. When the client’s application for cash or food stamp eligibility is denied because the client did not appear for an interview, the department must continue to process the request 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