WSR 20-09-098
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 16, 2020, 8:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-21-078.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-452-0005 Do I have to be interviewed in order to get cash and basic food benefits?
Hearing Location(s): On May 26, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than May 27, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 26, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by May 12, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to WAC 388-452-0005 will clearly identify the circumstances under which a basic food recertification interview may be waived for clients who are elderly or disabled. These changes will align rule with the specific federal elderly simplified application project requirements.
Reasons Supporting Proposal: This basic food interview waiver is authorized under the federal Supplemental Nutrition Assistance Program Elderly Simplified Application Project.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Carolyn Horlor, P.O. Box 45470, Olympia, WA 98504-5770, 360-764-0676.
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. The amendment is 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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed amendments do not affect small businesses. They only affect DSHS clients.
April 15, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-18-006, filed 8/22/13, effective 10/1/13)
WAC 388-452-0005Do I have to be interviewed in order to get cash and basic food benefits?
(1) You or your authorized representative must have an interview with the department:
(a) At initial certification; and
(b) At least once every twelve months, unless you meet the requirements in subsection (8)(b) of this section.
(2) You will have just one interview even if you are applying for or are having a review for benefits from more than one program.
(3) We hold interviews either in person or over the phone.
(4) If we do not interview you on the same day that we receive your application, we will schedule an interview appointment for you or have you contact us by phone during our business hours to complete your interview.
(5) If we schedule an interview, we will set your appointment to allow you at least ten days after the interview to provide needed verification:
(a) Before the end of the thirty-day processing period for applications; or
(b) Before your certification period ends for eligibility reviews or recertifications.
(6) If you miss your first interview and ask for another interview within thirty days of the date you applied for benefits, we schedule a second interview or have you call us and complete the interview over the phone.
(7) If you must have an interview for benefits, you or someone who can give us the information we need about your AU must participate in the interview. You may ask any person you choose to help with your interview.
(8) For basic food only((,)):
(a) Your authorized representative as described in WAC 388-460-0005 may take your place during your interview.
(b) We may waive the interview requirement at recertification if the household meets the elderly simplified application project (ESAP) criteria:
(i) All members of the household are elderly or disabled, as defined in WAC 388-400-0040;
(ii) No mandatory or applying household members have earned income;
(iii) The paper or electronic eligibility review is complete;
(iv) The household has provided all necessary verification or the verification is available through interfaces available to the department; and
(v) No information provided is unclear or incomplete requiring a request for verification.