WSR 07-08-056

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 29, 2007, 9:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-146.

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, Rose Room,

4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on May 8, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 9, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia WA, 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on May 8, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by May 4, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-492-0040 Can I choose whether I get WASHCAP food benefits or Basic Food benefits?, so we can allow recipients to choose whether to participate in Washington combined application project (WASHCAP) or apply for Basic Food benefits if their food benefits under Basic Food would be at least $40 more due to excess shelter costs or legally-obligated child support payments. The change also removes the high rent threshold as an opt out criterion, to be replaced by the benefit difference criterion, and corrects the date for the grandfathered rule consistent with a court order.

Reasons Supporting Proposal: The United States Department of Agriculture, Food and Nutrition Service approved an extension to the WASHCAP waiver from December 1, 2006, through November 30, 2011. A letter, dated January 17, 2007, from Arthur Foley, Director of Program Development Division, FNS, gives the department authorization to establish a food stamp benefit loss of $40 as the threshold at which households participating in WASHCAP may opt out and participate in the regular food stamp program. Additional changes are consistent with a Thurston County Superior Court Order from November 2006.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 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: Jenny Grayum, 1009 College Street S.E., Lacey, WA 98504, (360) 725-4583.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefits 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 for care or [of] dependents."

March 27, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3834.1
AMENDATORY SECTION(Amending WSR 06-21-011, filed 10/6/06, effective 11/6/06)

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) ((Your nonutility shelter costs as defined in WAC 388-450-0190 (1)(a) through (d) are more than five hundred sixty-seven dollars a month;

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

(3))) (2) You chose to have Basic Food benefits instead of WASHCAP benefits prior to ((January 1)) April 25, 2005; or

(3) Your food benefits under Basic Food would be at least forty dollars more due to excess shelter costs under WAC 388-450-0190 (1)(a) through (e) or legally obligated child support payments.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and 7 C.F.R. 273.9 (d)(6)(iii)(b). 06-21-011, 388-492-0040, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-18-036, 388-492-0040, filed 8/30/05, effective 10/1/05; 05-08-009, 388-492-0040, filed 3/25/05, effective 4/25/05; 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.]

Washington State Code Reviser's Office