WSR 00-19-074

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 19, 2000, 3:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-053.

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

Purpose: Changes rule to incorporate when an alternative interview should be granted.

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

Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

Summary: Amending WAC 388-452-0005 to incorporate when an alternative interview should be granted.

Reasons Supporting Proposal: To improve client service by allowing alternative interviews for those who meet specific hardship criteria.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky T. Robinson, Division of Assistance Programs, (360) 413-3031.

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: Amending WAC 388-452-0005 to incorporate when a client can be granted an alternative interview.

Proposal Changes the Following Existing Rules: The amended WAC gives those who meet specific hardship criteria the option of having an alternative interview.

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

RCW 34.05.328 does not apply to this rule adoption. This rule change does not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 24, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by October 17, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 24, 2000.

Date of Intended Adoption: No earlier than October 25, 2000.

September 15, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2862.1
AMENDATORY SECTION(Amending WSR 99-11-075, filed 5/18/99, effective 6/18/99)

WAC 388-452-0005
((Interview requirements.)) Do I have to be interviewed in order to get benefits?

(1) ((When the client's application or review is for a combination of cash, food, or medical programs the department requires only a single interview)) You will have only one interview when you apply for or have a review for cash or food assistance or both.

(2) ((The client has an interview when they apply for or have an eligibility review for cash, food, or medical benefits. However, the client is)) You are not required to attend an interview when ((the client's)) your application or review is ((only)) just for medical benefits. ((When the client's)) If we deny your application for cash or food ((stamp eligibility is denied)) assistance because ((the client)) you did not appear for an interview, ((the department must)) we will continue to process ((the)) your 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)) we have enough information to determine ((eligibility or can obtain)) if you are eligible or can get the information by mail.

(3) ((The client)) You or another person who can ((provide)) give information about ((the)) your assistance unit must attend the interview. ((The client)) You may bring another person to the interview. ((The client)) You may choose another person to ((attend)) go to the interview for ((them)) you when:

(a) ((The client)) You cannot come to the local office for ((a cash or medical program eligibility determination)) us to decide if you are eligible for cash assistance; or

(b) ((The client has)) You have an authorized representative as described in WAC ((388-462-0005)) 388-460-0005 for food assistance.

(4) ((The department)) We usually ((holds the interview)) have interviews at the local office. ((The client may)) You can have a scheduled ((home visit or a)) telephone interview or an interview in your home if attending an interview at the local office causes a hardship for ((the client or the client's)) you or your representative. Examples of hardships include:

(a) If your entire assistance unit is elderly or mentally or physically disabled;

(b) If you live in a remote area or have transportation problems;

(c) Severe weather;

(d) If someone in your assistance unit (AU) is ill, or you have to stay home to care for an AU member;

(e) Your work or training hours make it difficult to come into the office during regular business hours;

(f) Someone in your AU is affected by family violence such as physical or mental abuse, harassment, or stalking by the abuser; or

(g) Any other problem which would make it difficult for you to come into the office for an interview.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 42 C.F.R. 435.907. 99-11-075, 388-452-0005, filed 5/18/99, effective 6/18/99. 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