WSR 16-22-089

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 2, 2016, 10:41 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-450-0015 What types of income are not used by the department to figure out my benefits?, 388-470-0045 How do my resources count toward the resource limits for cash assistance?, 388-470-0055 How do my resources count toward the resource limit for basic food?, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08A.120, 7 C.F.R. 273.8(e), and 273.9(c).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Achieving a Better Life Experience (ABLE) accounts are new tax-deferred accounts created under the Achieving a Better Life Experience Act of 2014. ABLE accounts provide for tax-deferred savings (nondeductible contributions) of up to $14,000 per year for individuals who became blind or disabled before age twenty-six.

Distributions from an ABLE account can be used to cover qualified expenses including health care, education, community-based supports, employment training, assistive technology, housing, and transportation. Funds kept in and disbursed from ABLE accounts are exempt when determining eligibility for medicaid, supplemental security income (SSI), other federal means-tested programs such as temporary assistance for needy families (TANF), and Supplemental Nutrition Assistance Program (SNAP). They are not included in current program rules and must be added.

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 Services, regulates federal food benefits impacted by this filing. No direct coordination is necessary. Adopted rules will be consistent with federal laws and regulations regarding filing and processing applications for food assistance under SNAP under 7 U.S.C. 2020 and 7 C.F.R. 273.8 and 273.9.

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 Erik Peterson, 712 Pear Street S.E., Olympia, WA 98501, phone (360) 725-4622, fax (360) 725-4904, e-mail erik.peterson@dshs.wa.gov.

November 1, 2016

Katherine I. Vasquez

Rules Coordinator