WSR 10-23-118



(Economic Services Administration)

[ Filed November 17, 2010, 9:57 a.m. ]

     Subject of Possible Rule Making: The department is amending WAC 388-450-0200 and other related rules to implement a standardized medical deduction under an approved demonstration project waiver of federal regulations for the excess medical expense deduction under 7 C.F.R. § 273.9(3) and section 5 (6) of the Food and Nutrition Act of 2008 as amended. The standardized medical expense deduction will be available for elderly persons and persons with disabilities who have an out-of-pocket medical expense.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.005, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08.260, 7 C.F.R. 273.9, Food and Nutrition Act of 2008 as amended.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This change is needed to provide an easier access to the excess medical expense deduction for the eligible elderly and disabled persons receiving Basic Food. This change will make it easier for elderly/disabled households with an out-of-pocket medical cost to take advantage of the medical expense deduction and reduce the risk of payment errors related to the excess medical expense deduction.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) publishes federal regulations for the food stamp program in the Federal Register. Rules published in the federal register are incorporated into the United States Code of Federal Regulations. FNS also issues administrative notices and interim guidance to inform states of new program requirements that are not yet in the United States Code of Federal Regulations.

     The state legislature authorizes the department to administer the food stamp program and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.04.510.

     DSHS incorporates regulations from the federal agencies and exercises state options or waivers of federal regulation by adopting administrative rules for food assistance program administered under the Washington state combined application program (WASHCAP) and Washington Basic Food program.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Holly St. John, Basic Food Program Manager, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4895, fax (360) 493-3493, e-mail

November 17, 2010

Katherine I. Vasquez

Rules Coordinator

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