Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-452-0005 Do I have to be interviewed in order to get benefits?

Purpose: Incorporates into rule the following federal law changes:

1. Clients who are not applying solely for medical assistance or who do not meet hardship criteria must have face-to-face interviews at initial certification and at least once every twelve months if they are certified for twelve months or less.

2. If clients are not interviewed on the day the department gets the application, the department must schedule an interview appointment the same day it gets the application or the next business day if received on a holiday or a weekend.

3. Clients who miss their first interview and request another interview within thirty days of the date of the application must be scheduled a second interview.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

Summary: Amends the rule to incorporate changes in federal law that pertain to interviews.

Reasons Supporting Proposal: Updates and clarifies interview rules to improve client service and program delivery.

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 necessary because of federal law, C.F.R. 273.2 (e)(2) and (3).

Explanation of Rule, its Purpose, and Anticipated Effects: Incorporates into rule the following federal law changes:

1. Clients who are not applying solely for medical assistance or who do not meet hardship criteria must have face-to-face interviews at initial certification and at least once every twelve months if they are certified for twelve months or less.

2. If clients are not interviewed on the day the department gets the application, the department must schedule an interview appointment the same day it gets the application or the next business day if received on a holiday or a weekend.

3. Clients who miss their first interview and request another interview within thirty days of the date of the application must be scheduled a second interview.

Proposal Changes the Following Existing Rules: Clarifies when clients must have face-to-face interviews and their right to request a second interview within thirty days of the date of request if they missed their initial appointment. Also, if a client is not interviewed on the same day that the department receives the application, the department must schedule an appointment the day the application is received or the next business day if the application is received on a holiday or a weekend.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this change in rule.

RCW 34.05.328 does not apply to this rule adoption. These changes do not meet the definition of significant legislative rules.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 5, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by May 31, 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 June 5, 2001.

Date of Intended Adoption: No sooner than June 6, 2001.

April 26, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(b) At least once every twelve months if your assistance unit (AU) is certified for twelve months or less.

(2) You are not required to attend an interview when your application or review is just for medical benefits. If we (the department) deny your application for cash or food assistance because you did not appear for an interview, we will continue to process your request for medical benefits:

(a) ((For a)) If you are pregnant ((woman));

(b) ((For)) If you are a child under the age of nineteen;

(c) ((For)) If you have a family with children under the age of nineteen; or

(d) ((When)) If we have enough information to determine if you are eligible or can get the information by mail.

(3) You will have only a single interview even when you apply for or have a review for more than one assistance program.

(4) If you are not interviewed on the same day that we get your application, we schedule an interview appointment for you. We schedule your appointment the day we get your application or on the next business day if we get your application on a holiday or a weekend.

(5) We schedule an interview so your AU has 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.

(6) If you miss your first interview and request another interview within thirty days of the date of your application for benefits, we schedule a second interview for you.

(7) You or another person who can give information about your ((assistance unit)) AU must attend the interview. You may bring another person to the interview. You may choose another person to go to the interview for you when:

(a) You cannot come to the local office for us to decide if you are eligible for cash assistance; or

(b) You have an authorized representative as described in WAC 388-460-0005 for food assistance.

(((4))) (8) We usually have interviews at the local office. You can have a scheduled telephone interview or an interview in your home if attending an interview at the local office causes a hardship for you or your representative. Examples of hardships include:

(a) If your entire assistance unit is elderly or mentally or physically disabled;

(b) If you live in a remote area or have transportation problems;

(c) Severe weather;

(d) If someone in your ((assistance unit ())AU(())) is ill, or you have to stay home to care for an AU member;

(e) Your work or training hours make it difficult to come into the office during regular business hours;

(f) Someone in your AU is affected by family violence such as physical or mental abuse, harassment, or stalking by the abuser; or

(g) Any other problem which would make it difficult for you to come into the office for an interview.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 00-22-087, 388-452-0005, filed 10/31/00, effective 12/1/00. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 42 C.F.R. 435.907. 99-11-075, 388-452-0005, filed 5/18/99, effective 6/18/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-452-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0420.]

Washington State Code Reviser's Office