PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Employment and Assistance Programs)
Supplemental Notice to WSR 00-21-066.
Preproposal statement of inquiry was filed as WSR 00-16-051.
Title of Rule: WAC 388-418-0005 What types of changes must I report for cash, food, and medical assistance? and 388-418-0007 When do I have to report changes in my circumstances?
Purpose: Clarifies what changes have to be reported and when clients must report them.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
Statute Being Implemented: RCW 74.08.090 and 74.04.510.
Summary: Amending WAC 388-418-0005 to specify what types of changes must be reported based on the type of benefit a client gets. Separates when a client must report changes into new WAC 388-418-0007.
Reasons Supporting Proposal: To clarify existing policy by assembling by program type the types of changes clients must report and when they must report them.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky T. Robinson, Division of Employment and Assistance Programs, (360) 413-3031.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amends WAC 388-418-0005 to specify what types of changes must be reported based on the type of benefit a client receives. Separates when a client must report changes into new WAC 388-418-0007.
Proposal Changes the Following Existing Rules: Gives greater detail as to the types of changes a client must report and clarifies when those changes must be reported.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this change.
RCW 34.05.328 does not apply to this rule adoption. These rule changes are not significant legislative changes.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 8, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by May 1, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by May 8, 2001.
Date of Intended Adoption: No earlier than May 9, 2001.
March 30, 2001
Susan Bush
for Bonita H. Jacques, Chief
Office of Legal Affairs
2872.3(a) The gross monthly amount of unearned income they receive when:
(i) They start receiving money from any new source.
(ii) The amount received from a previously reported source changes by more than twenty-five dollars.
(b) When someone, including a newborn child, moves in or out, even if the change is temporary.
(c) The marriage or divorce of any assistance unit member.
(d) A new residence, including any change in shelter expenses because of the move.
(e) Obtaining a vehicle.
(f) The end of a temporary disability when the temporary disability is the reason for excluding a vehicle.
(g) When the assistance unit's countable resources exceed the resource limits described in chapter 388-470 WAC.
(h) Any of the following changes related to employment:
(i) A new job or different employer.
(ii) A change in wage rate or pay scale.
(iii) An employment status change from part-time to full time. The employer determines when an employee has full-time employment status.
(2) Clients who receive only children or pregnant women's medical assistance must report the following changes. The client must report these changes within twenty days of when they learn about the change. Clients must report:
(a) When someone, including a newborn child, moves in or out, even if the change is temporary.
(b) When a pregnancy begins or ends.
(c) A new residence.
(3) Clients who receive any other medical assistance must report the following changes. Clients must report these changes about themselves, their spouses or any dependents. The client must report these changes within twenty days of when they learn about the change. Clients must report:
(a) When someone, including a newborn child, moves in or out, even if the change is temporary.
(b) When an assistance unit member gets married, divorced or separated.
(c) When a pregnancy begins or ends.
(d) A new residence or address.
(e) Any change in the amount of income received from any new or previously reported source.
(f) Any change in the amount of expenses paid for shelter.
(g) Any change in the amount of expenses paid for medical care.
(h) Changes in resources.
(4) For TANF/SFA, a caretaker relative must report within five days when they learn that the temporary absence of a child will exceed ninety days. When the relative fails to report timely, the relative:
(a) Is not eligible for one month; and
(b) The relative's countable income is considered available to the remaining members of the assistance unit.
(5) When a change is reported late, the client may receive the wrong amount or the wrong type of assistance. When benefits are overpaid, the client must repay the assistance as described in chapter 388-410 WAC.))For purposes of this section, an "assistance unit" or "AU" is a group of people who live together and whose income or resources we count to decide what benefits the AU gets. Even if someone in your AU is not eligible to get a benefit, we still count that person's income or resources if they are financially responsible for you or someone in your AU, such as a common child. If you are a parent of a child who gets long-term care benefits, you need only report changes in income or resources that are actually contributed to the child. Tables one, two and three below show the types of changes you must report based on the type of assistance you get. Use table one to see if you must report a change for cash or food assistance. Use table two to see if you must report a change for children's, pregnant women's, or family medical assistance. Use table three to see if you must report a change for SSI-related medical or long-term care medical assistance.
| Table 1 - Cash Assistance and Food Assistance | ||
| Type of change to report when you or anyone in your assistance unit AU): | Do I have to report this change for cash assistance? | Do I have to report this change for food assistance? |
| (1) Starts to get money from a new source; | Yes | Yes |
| (2) Has unearned income that changed by more than twenty-five dollars from amount we budgeted; | Yes | Yes |
| (3) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (4) Moves to a new residence; | Yes | Yes |
| (5) Has a change in shelter costs; | Yes, but only if you went from having no shelter costs to having a shelter cost, or from having shelter costs to not having to pay anything. You don't have to report a change in the amount you pay. | Yes, report the change at your recertification. If your shelter costs go up, you could get more food assistance benefits. Report the change sooner to see if you will get more benefits. |
| (6) Gets married, divorced, or separated; | Yes | Yes |
| (7) Gets a vehicle; | Yes | Yes |
| (8) Has a disability that ends; | Yes | Yes |
| (9) Has countable resources that are more than the resource limits under WAC 388-470-0005; | Yes | Yes |
| (10) Gets a job or changes employers; | Yes | Yes |
| (11) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; | Yes | Yes |
| (12) Has a change in hourly wage rate or salary; | Yes | Yes |
| (13) Stops working; | Yes | Yes |
| (14) Has a pregnancy that begins or ends; | Yes | No |
| (15) Has a change in uncovered medical expenses; | No | Yes, report this change only at your next eligibility review. If you are elderly or disabled and you have an increase in uncovered medical expenses, report this change sooner as you may be eligible to get more benefits. |
| Table 2 - Medical Assistance | ||
| Type of change to report when you or anyone in your assistance unit (AU): | Do I have to report this change for family medical assistance (i.e., TANF/SFA-related)? | Do I have to report this change for children's medical and/or pregnancy medical? |
| (16) Starts to get money from a new source; | Yes | No |
| (17) Has unearned income that changed; | Yes | No |
| (18) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (19) Moves to a new residence; | Yes | Yes |
| (20) Has a change in shelter costs; | No | No |
| (21) Gets married, divorced, or separated; | Yes | No |
| (22) Gets a vehicle; | No | No |
| (23) Has a disability that ends; | No | No |
| (24) Has countable resources that are more than the resource limits under WAC 388-470-0005; | No | No |
| (25) Gets a job or changes employers; | Yes | No |
| (26) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work; | Yes | No |
| (27) Has a change in hourly wage rate or salary; | Yes | No |
| (28) Stops working; | Yes | No |
| (29) Has a pregnancy that begins or ends; | Yes | Yes |
| (30) Has a change in uncovered medical expenses. | No | Yes, but only if an AU member has a spenddown. |
| Table 3 - SSI-Related Medical Assistance and Long-Term Care | ||
| Type of change to report when you or anyone in your assistance unit (AU): | Do I have to report this change for SSI-related medical assistance? | Do I have to report this change for long-term care (i.e., COPES, CAP, or nursing home) |
| (31) Starts to get money from a new source; | Yes | Yes |
| (32) Has unearned income that changed; | Yes | Yes |
| (33) Has a change in earnings or stops working | Yes | Yes |
| (34) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out; | Yes | Yes |
| (35) Moves to a new residence; | Yes | Yes |
| (36) Has a change in shelter costs; | No, unless you went from paying rent to not paying any rent. You do not need to report if your rent amount changes. | Yes, if client or community spouse live in their own home |
| (37) Gets married, divorced, or separated; | Yes | Yes |
| (38) Gets a vehicle; | Yes, but only if that person or their spouse gets SSI-related medical | Yes, but only if that person gets long-term care |
| (39) Has a disability that ends; | Yes | Yes |
| (40) Has countable resources that are more than the resource limits, under WAC 388-470-0005 or 388-513-1350; | Yes, but only if that person or their spouse get SSI-related medical | Yes, but only if that person gets long-term care |
| (41) Has a change in uncovered medical expenses. | Yes, but only if an AU member has a spenddown. | Yes. |
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-23-034, 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-418-0005, filed 7/31/98, effective 9/1/98.]
(a) After the date you applied but before your interview, you must report the change at the time of your interview; or
(b) After you have been interviewed, you must report the change within ten days of the date of your approval notice.
(2) If you get TANF/SFA, you must report within five calendar days from the day you learn that a child in the AU will be gone from your home longer than ninety days. If you do not report this within five days:
(a) You are not eligible for cash benefits for one month; and
(b) All of your countable income as described in WAC 388-450-0162 is budgeted against the cash benefits for the remaining AU members.
(3) If you receive cash and/or food assistance, all other changes described in WAC 388-417-0005 must be reported within ten days from the day you become aware of the change.
(4) If you receive medical assistance you must report the changes described in WAC 388-418-0005 within twenty days from the day you become aware of the change.
(5) If you report changes late, you may get the wrong amount or wrong type of benefits. If you get more benefits than you are eligible for, you may have to pay them back as described in chapter 388-410 WAC.
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