WSR 05-05-087



(Economic Services Administration)

[ Filed February 15, 2005, 3:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-02-041.

Title of Rule and Other Identifying Information: WAC 388-492-0040 Can I choose whether I get WASHCAP food benefits or Basic Food benefits?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on March 22, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 23, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5:00 p.m., March 22, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by March 18, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is amended to be consistent with the latest federal waiver amendment effective January 1, 2005, pertaining to the WASHCAP project. The proposed changes are necessary to modify the criteria for which a WASHCAP eligible or WASHCAP participant may opt in or out of the demonstration project. The waiver amendment and rule change are necessary to support federal requests for action regarding the WASHCAP cost-neutrality variance.

Reasons Supporting Proposal: The rule is currently in place by emergency filing effective January 1, 2005, this step is necessary to ensure permanent rule adoption.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 725-4615.

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 by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

February 11, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0040   Can I choose whether I get WASHCAP food benefits or Basic Food benefits?   You can choose to have Basic Food benefits instead of WASHCAP food benefits when:

(1) ((You would get more benefits from the Basic Food program.

(2) You may get more benefits in the Basic Food program when:

(a))) Your non-utility shelter costs as defined in WAC 388-450-0190 (a) through (d) are more than five hundred twenty-seven dollars a month((. We count the following items as a shelter cost:

(i) Rent or mortgage;

(ii) Property taxes;

(iii) Homeowner's insurance (for the building only); or

(iv) Mandatory homeowner's association or condo fees.


(2) Your out-of-pocket medical expenses are more than thirty-five dollars a month; or

(3) You chose to have Basic Food benefits instead of WASHCAP benefits prior to January 1, 2005.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0040, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0040, filed 10/16/01, effective 12/1/01.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office