PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Community Services Division)
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-10-070.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-492-0110 What happens if my WASHCAP food benefits end? and 388-492-0120 What happens to my WASHCAP benefits if I am disqualified?
In the preproposal filed as WSR 12-10-070, the department misattributed the rule-making process as "negotiated rule making." DSHS is not developing these rules through a negotiated rule-making process. The department welcomes the public to take part in developing the rules. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on July 25, 2012, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 26, 2012.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 25, 2012.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 5, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-492-0110 and 388-492-0120 to correct references to other rules regarding eligibility for basic food and WASHCAP.
Reasons Supporting Proposal: These changes are necessary to cross-reference rules necessary to maintain federally authorized programs regarding the allowable use of SNAP benefits.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903.
Rule is necessary because of federal law, 7 C.F.R. § 273.1 and 7 C.F.R. § 273.16.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."
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, "this 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.["]
June 11, 2012
Katherine I. Vasquez
Rules Coordinator
4363.1(a) By contacting the customer service center (CSC) at 1-877-501-2233;
(b) Over the internet;
(c) At any community services office (CSO);
(d) At any home and community services (HCS) office; or
(e) At any Social Security Administration (SSA) office.
(2) If your WASHCAP benefits end because you are
disqualified under WAC 388-400-0040 (((14)(b))) (12)(b) or
(e), you are not eligible for Basic Food benefits and:
(a) If you get medical assistance, we will send your medical assistance case to your local office;
(b) If you are a HCS client, your medical case will remain at HCS.
(3) If your WASHCAP benefits end for any other reason:
(a) We will send you an application for Basic Food benefits along with the address of your local CSO. If you are an HCS client, your case will remain at your HCS office.
(b) For the local CSO to decide if you are eligible for Basic Food benefits, you must:
(i) Finish the application process for Basic Food benefits under chapter 388-406 WAC; and
(ii) Have an interview for Basic Food benefits under WAC 388-452-0005.
(c) If you get medical assistance, we will send your medical case to the local CSO unless you are an HCS client;
(d) If your WASHCAP benefits closed because SSA ended your SSI, you will still receive the same medical benefits until we decide what medical program you are eligible for under WAC 388-418-0025.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903, and 7 C.F.R. 273.23. 10-23-115, § 388-492-0110, filed 11/17/10, effective 12/18/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, § 388-492-0110, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0110, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0110, filed 10/16/01, effective 12/1/01.]
(2) If you are disqualified from receiving Basic Food for any reason, you will not get WASHCAP food benefits. This includes clients who:
(a) Are ineligible under WAC 388-400-0040 (((14)(b)))
(12)(b) and (e) and 388-442-0010; or
(b) Did not cooperate with quality assurance as required under WAC 388-464-0001.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903, and 7 C.F.R. 273.23. 10-23-115, § 388-492-0120, filed 11/17/10, effective 12/18/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, § 388-492-0120, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0120, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0120, filed 10/16/01, effective 12/1/01.]