WSR 15-19-026 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 8, 2015, 11:26 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-15-061.
Title of Rule and Other Identifying Information: WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?
Hearing Location(s): Office Building 2, 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), on October 27, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 28, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., October 27, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by October 13, 2015, TTY (360) 664-6178, (360) 664-6092 or e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 74.08A.120 authorizes the food assistance program (FAP) for legal immigrants. Subsection (3) states "The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget." The 2015-2017 biennial budget (ESSB 6052), which passed the legislature and was signed by the governor, increased funding for FAP from seventy-five percent of the federal benefit level and set benefits at one hundred percent of the federal food benefit level beginning July 1, 2015.
The amendments were made via emergency rule making under WSR 15-14-115, filed on June 30, 2015.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.120.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and ESSB 6052.
Rule is necessary because of federal law, 7 C.F.R. §273.18.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.
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 amendment only affects households served by DSHS who are issued benefits under the state-funded FAP.
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."
August 26, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-02-037, filed 12/23/13, effective 1/23/14)
WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?
(1) If you are not eligible for federally funded Basic Food benefits solely because you do not meet the alien status requirements under WAC 388-424-0020, you may be eligible for the state-funded food assistance program (FAP) if you meet both of the following requirements:
(a) You are a Washington state resident; and
(b) You meet the alien status requirements under WAC 388-424-0030.
(2) FAP follows the same eligibility rules as federally funded Basic Food except for rules related to alien status. A summary of the rules for Basic Food is found in WAC 388-400-0040.
(3) Benefits for FAP are set by the biennial state operating budget as described in RCW 74.08A.120(3). These benefits are calculated as described in subsections (4) and (5) of this section.
(4) If your assistance unit (AU) includes both people who are eligible for federally funded Basic Food benefits and people who are eligible for state-funded FAP benefits, we determine the amount of your federal and state food benefits by applying the following process:
(a) We calculate your AU's monthly benefits under WAC 388-450-0162 as if all the eligible persons in your AU could receive federally funded Basic Food benefits; and
(b) We then calculate your AU's monthly benefits under WAC 388-450-0162 for only the people in your AU who are eligible for federally funded benefits.
(5) If your AU only includes persons eligible for FAP, we determine the amount of your state-funded FAP benefits by:
(a) Applying the calculation for Basic Food under WAC 388-450-0162 as if all the persons in your AU were eligible to receive Basic Food; and
(b) Issuing FAP benefits to your AU equal to ((three fourths)) the amount calculated in subsection (5)(a), rounded down to the next whole dollar.
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