WSR 04-03-093

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 20, 2004, 3:49 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-150.

     Title of Rule: WAC 388-472-0010 What are necessary supplemental accommodation services?

     Purpose: This change is necessary to correct a reference to a repealed WAC by removing the reference in subsection (8).

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057.

     Summary: The current WAC has a typographical error. This change will fix the error.

     Reasons Supporting Proposal: This change will clarify rule for workers, the public, and clients.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patti Clark, 1009 College S.E., Lacey, WA 98504, (360) 413-3084.

     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, Purpose, Summary, and Reasons Supporting Proposal above.

     Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal 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 only affects DSHS clients.

     RCW 34.05.328 applies to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(iv) which states in-part, "[t]his section does not apply to...rules that only correct typographical errors, make name or address changes, or clarify language of a rule without changing its effect."

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 24, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 1, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov [fernaax@dshs.wa.gov].

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 24, 2004.

     Date of Intended Adoption: Not sooner than February 25, 2004.

January 15, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3362.1
AMENDATORY SECTION(Amending WSR 01-10-104, filed 5/1/01, effective 6/1/01)

WAC 388-472-0010   What are necessary supplemental accommodation services?   Necessary supplemental accommodation (NSA) services are services provided to you if you have a mental, neurological, physical or sensory impairment or other problems that prevent you from getting program benefits in the same way that an unimpaired person would get them.

     NSA services include but are not limited to:

     (1) Arranging for or providing help to complete and submit forms to us;

     (2) Helping you give or get the information we need to decide or continue eligibility;

     (3) Helping you request continuing benefits;

     (4) If you miss an appointment or deadline, contacting you about the reason before we reduce or end your benefits;

     (5) Explaining to you the reduction in or ending of your benefits (see WAC 388-418-0020);

     (6) If we know you have a person who helps you with your applications, notifying them when we need information or when we are about to reduce or end your benefits;

     (7) Assisting you with requests for fair hearings;

     (8) Providing protective payments if needed((, according to WAC 388-265-1250)); and

     (9) On request, reviewing our decision to terminate, suspend or reduce your benefits.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 01-10-104, § 388-472-0010, filed 5/1/01, effective 6/1/01.]

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