WSR 18-23-099
(Economic Services Administration)
[Filed November 20, 2018, 2:40 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-18-104.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-460-0010 Do I have an authorized representative for basic food if I live in a treatment center or group home?
Hearing Location(s): On December 26, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than December 27, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., December 26, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by December 12, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing will amend WAC 388-460-0010 to align with changes to federal regulations regarding use of basic food by authorized representatives.
Reasons Supporting Proposal: This change is necessary to comply with changes in federal regulations.
Statutory Authority for Adoption: RCW 74.04.500, 74.04.510, 74.08A.120.
Rule is necessary because of federal law, 7 C.F.R. 273.11 (e) and (f).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ezra Paskus, 712 Pear Street S.E., Olympia, WA 98501, 360-725-4611.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: The proposed rule does not have an economic impact on small businesses.
November 19, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-16-022, filed 7/24/15, effective 8/24/15)
WAC 388-460-0010Do I have an authorized representative for basic food if I live in a treatment center or group home?
(1) If you live in a qualified developmental disabilities administration (DDA) group home under WAC 388-408-0040, you may choose to apply for basic food benefits:
(a) On your own behalf;
(b) Through an authorized representative of your choice; or
(c) Through the DDA group home acting as your authorized representative.
(2) If you live in a qualified drug and alcohol treatment center under WAC 388-408-0040, ((you must have an employee of the facility as your authorized representative))a designated treatment center employee must apply for your basic food benefits, and the center will act as your authorized representative.
(3) When the ((person acting as authorized representative for residents in a)) qualified drug and alcohol treatment facility or qualified DDA group home is your authorized representative, it must:
(a) Be aware of ((the resident's))your circumstances;
(b) Notify the department of any changes in your income, resources, or circumstances within ten days of the change;
(c) Use ((the resident's))your basic food benefits for meals served to ((the resident))you; and
(d) ((Keep enough benefits in the facility's account to transfer one-half of a client's monthly allotment to the client's own account. If the client leaves the facility on or before the fifteenth of the month, the facility must return one half of the client's Basic Food allotment for that month))Give you a change in circumstances report form, when the center or group home learns you plan to leave, and advise you to report any changes as required under WAC 388-418-0005 to the department within ten days of the date of change.
(4) When a ((facility assigns an employee as the))center or group home is an authorized representative for residents, the facility accepts responsibility for:
(a) Any misrepresentation or intentional program violation; and
(b) Liability for basic food benefits held at the facility on behalf of ((the resident))residents.
(5) When you leave a facility and the center or group home is your authorized representative, it must:
(a) Either:
(i) Return to you a prorated amount of your basic food allotment for that month based on the number of days remaining in the month; or
(ii) Notify the department, within five days of your departure, that the facility is unable to refund your prorated share;
(b) Notify the department of your change in address, new address if available, and that the facility is no longer your authorized representative; and
(c) Provide you with your electronic benefits transfer (EBT) card within five days of leaving the facility if the facility was in possession of the card; or
(d) Return your EBT card to the department within five days if they are unable to provide it to you.