Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is amending WAC 388-416-0005 and 388-418-0005 in order to:

     •     Expand "simplified reporting" to elderly or disabled households that do not receive food benefits through the Washington combined application program (WASHCAP) by reducing the certification period from twenty-four to twelve months to eliminate the mid-certification review.

     •     Align Basic Food reporting with the medical review process for these individuals.

     •     Clarify reporting requirements for relative and nonrelative caregivers regarding the children in their care.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0005 and 388-416-0005.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010.

      Adopted under notice filed as WSR 10-03-067 on January 15, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: March 3, 2010.

Don Goldsby

Rules Coordinator

     (a) Six months if your AU:

     (i) Includes an able-bodied adult without dependents (ABAWD) who receives Basic Food in your AU and your AU does not live in an exempt area as described in WAC 388-444-0030;

     (ii) Includes a person who receives ADATSA benefits as described in chapter 388-800 WAC;

     (iii) Is considered homeless under WAC 388-408-0050; or

     (iv) Includes a migrant or seasonal farmworker as described under WAC 388-406-0021.

     (b) ((Twenty-four months if all adults in your AU are elderly persons or individuals with disabilities and no one in your AU has earned income.

     (c))) Twelve months if your AU does not meet any of the conditions for six ((or twenty-four)) months.

     (2) If you receive transitional food assistance, we set your certification period as described under WAC 388-489-0015.

     (3) If your AU is homeless or includes an ABAWD when you live in a nonexempt area, we may shorten your certification period.

     (4) We terminate your Basic Food benefits when:

     (a) We get proof of a change that makes your AU ineligible; or

     (b) We get information that your AU is ineligible; and

     (c) You do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, § 388-416-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-08-124, § 388-416-0005, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, § 388-416-0005, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-416-0005, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-107, § 388-416-0005, filed 5/21/01, effective 7/1/01; 99-16-024, § 388-416-0005, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-416-0005, filed 7/31/98, effective 9/1/98.]

     If you receive long term care and Basic Food benefits, you tell us about changes based on the long term care requirements because it is the first program in the list below you receive benefits from.)) We inform you of your reporting requirements on letters we send you about your benefits. Please follow the steps below to determine the types of changes you must report:

     (1) If you receive assistance from any of the programs listed in subsection (a) through (e) of this section, you must report changes for people in your assistance unit under chapter 388-408 WAC, based on the first program you receive benefits from.

     (a) If you receive long term care benefits such as a home and community based waiver (Basic, Basic Plus, ((chore, community protection, COPES, nursing home, Hospice, or medically needy waiver)) CORE, Community Protection, COPES, New Freedom, Medically Needy), care in a medical institution (nursing home, hospice care center, state veterans home, ICF/MR, RHC) or hospice, you must tell us if you have a change of:

     (((a) Address)) (i) Residence;

     (((b))) (ii) Marital status;

     (((c))) (iii) Living arrangement;

     (((d))) (iv) Income;

     (((e))) (v) Resources;

     (((f))) (vi) Medical expenses; and

     (((g))) (vii) If we allow you expenses for your spouse or dependents, you must report changes in their income or shelter cost.

     (((2))) (b) If you receive medical benefits based on age, blindness, or disability (SSI-related medical), or ADATSA benefits, you need to tell us if:

     (((a))) (i) You move;

     (((b))) (ii) A family member moves into or out of your home;

     (((c))) (iii) Your resources change; or

     (((d))) (iv) Your income changes. This includes the income of you, your spouse or your child living with you.

     (((3) If you receive Basic Food and all adults in your assistance unit are elderly persons or individuals with disabilities and have no earned income, you need to tell us if:

     (a) You move;

     (b) You start getting money from a new source;

     (c) Your income changes by more than fifty dollars;

     (d) Your liquid resources, such as your cash on hand or bank accounts, are more than two thousand dollars; or

     (e) Someone moves into or out of your home.

     (4))) (c) If you receive cash benefits, other than WorkFirst career services benefits, you need to tell us if:

     (((a))) (i) You move;

     (((b))) (ii) Someone moves out of your home;

     (((c))) (iii) Your total gross monthly income goes over the:

     (((i))) (A) Payment standard under WAC 388-478-0030 if you receive general assistance; or

     (((ii))) (B) Earned income limit under WAC 388-478-0035 and 388-450-0165 for all other programs;

     (((d))) (iv) You have liquid resources more than four thousand dollars; or

     (((e))) (v) You have a change in employment. Tell us if you:

     (((i))) (A) Get a job or change employers;

     (((ii))) (B) Change from part-time to full-time or full-time to part-time;

     (((iii))) (C) Have a change in your hourly wage rate or salary; or

     (((iv))) (D) Stop working.

     (((5))) (d) If you are a relative or nonrelative caregiver and receive cash benefits on behalf of a child in your care but not for yourself or other adults in your household, you need to tell us if:

     (i) You move;

     (ii) The child you are caring for moves out of the home;

     (iii) The child's parent moves into your home;

     (iv) The child's earned or unearned income changes (see WAC 388-450-0070 for how we count the earned income of a child);

     (v) The child has liquid resources more than four thousand dollars.

     (e) If you receive family medical benefits, you need to tell us if:

     (((a))) (i) You move;

     (((b))) (ii) A family member moves out of your home; or

     (((c))) (iii) If your income goes up or down by one hundred dollars or more a month and you expect this income change will continue for at least two months.

     If you do not receive assistance from any of the programs listed in subsection (a) through (e) of this section, but you do receive benefits from any of the programs listed in subsections (f) through (i) of this section, you must report changes for the people in your assistance unit under chapter 388-408 WAC, based on all the benefits you receive.

     (((6))) (f) If you receive Basic Food benefits, you need to tell us if:

     (((a) You move;

     (b))) (i) Your total gross monthly income is more than the gross monthly income limit under WAC 388-478-0060; or

     (((c))) (ii) Anyone who receives food benefits in your assistance unit must meet work requirements under WAC 388-444-0030 and their hours at work go below twenty hours per week.

     (((7))) (g) If you receive children's medical benefits, you need to tell us if:

     (((a))) (i) You move; or

     (((b))) (ii) A family member moves out of the house.

     (((8))) (h) If you receive pregnancy medical benefits, you need to tell us if:

     (((a))) (i) You move; or

     (((b))) (ii) You are no longer pregnant.

     (((9))) (i) If you receive other medical benefits, you need to tell us if:

     (((a))) (i) You move; or

     (((b))) (ii) A family member moves out of the home.

     (((10) If you receive transitional food assistance or WorkFirst career services benefits, you do not have to report any changes in your circumstances.))

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. 07-20-042, § 388-418-0005, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, § 388-418-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280. 05-09-021, § 388-418-0005, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-21-026, § 388-418-0005, filed 10/13/04, effective 11/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-026, § 388-418-0005, filed 2/23/04, effective 3/25/04; 03-21-028, § 388-418-0005, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, § 388-418-0005, filed 5/21/01, effective 7/1/01; 99-23-034, § 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-418-0005, filed 7/31/98, effective 9/1/98.]

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