PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-17-002.
Title of Rule: Chapter 388-458 WAC, Notices and letters.
Purpose: This WAC chapter advises clients about the letters they may receive from the department. It explains when the department sends letters; what information is included on the letters; the timeframes for sending the letters; and the clients' rights regarding notification from the department.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
Statute Being Implemented: RCW 74.08.090 and 74.04.510.
Summary: This chapter is being amended to clarify the department's policy regarding client notification requirements.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Veronica Barnes, Division of Employment and Assistance Programs, Lacey, Washington, (360) 413-3071.
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: See Summary above.
Proposal Changes the Following Existing Rules:
| WAC #/Title | What Has Changed: |
| 388-458-0001 How the department requests information or action needed when a client applies for assistance or reports a change. | Repealed. |
| 388-458-0002 The Department of Social and Health Services (DSHS) sends you letters to tell you about your case. | • Identifies the types of
letters clients may get. • Requires the department to send letters in the client's primary language. |
| 388-458-0005 Adequate notice of denial or withdrawal. | Repealed. |
| 388-458-0006 [DSHS sends you a letter when you withdraw your application.] | New WAC: Describes when the department sends withdrawal letters and what is included on the letter. |
| 388-458-0010 Adequate notice of adverse action to recipients. | Repealed. |
| 388-458-0011 DSHS sends you a denial letter when you can't get benefits. | New WAC: Describes when the department sends denial letters and what is included on the letter. |
| 388-458-0015 Translation of written communications with limited English proficient clients. | Repealed. |
| 388-458-0016 DSHS sends you an approval letter when you can get benefits. | New WAC: Describes when the department sends approval letters and what is included on the letter. |
| 388-458-0020 You get a request letter when we need more information. | New WAC: Describes when the department sends request letters and what is included on the letter. |
| 388-458-0025 We send you a change letter if the amount of benefits you are getting is changing. | New WAC: Describes when the department sends change letters and what is included on the letter. |
| 388-458-0030 We send you a termination letter when your benefits stop. | New WAC: Describes when the department sends termination letters and what is included on the letter. |
| 388-458-0035 Why do you give me ten days notice before you reduce or stop my benefits? | New WAC: Explains why we give advance notice to clients before reducing or stopping benefits. |
| 388-458-0040 What happens if I ask for a fair hearing before the change happens? | New WAC: Explains what happens when a client requests a fair hearing before the department's action becomes effective. |
| 388-458-0045 Will I get other kinds of letters? | New WAC: Gives examples of other letters the department may send to clients. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.
RCW 34.05.328 does not apply to this rule adoption. This rule does not fit the definition of a significant legislative rule.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 10, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by July 2, 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 July 10, 2001.
Date of Intended Adoption: No sooner than July 11, 2001.
May 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2948.1(2) If you speak another language and cannot read English, we will send letters to you in your primary language.
(3) There are seven basic types of letters that we send to you:
(a) Withdrawals;
(b) Denials;
(c) Approvals;
(d) Requests;
(e) Changes;
(f) Terminations; and
(g) Other.
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(2) On this letter, we tell you:
(a) The date we stopped processing your application; and
(b) Your right to have your case reviewed or ask for a fair hearing.
(3) We send this letter to you according to the rules in chapter 388-406 WAC.
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(2) On this letter, we tell you:
(a) Why you cannot get benefits;
(b) The rules that support our decision;
(c) The date we stopped processing your application; and
(d) Your right to have your case reviewed or ask for a fair hearing.
(3) If we are denying your application because you did not give us some information that we needed and we can't figure out if you are eligible without it, we also tell you on the letter:
(a) What information you didn't give to us;
(b) The date we asked for the information and the date it was due;
(c) That we cannot figure out if you can get benefits without this information; and
(d) That we will review your eligibility if:
(i) For cash and medical, you give us the information within thirty days of the date of the notice;
(ii) For food assistance, you give us the information within sixty days of the date you applied; and
(iii) Your circumstances have not changed.
(4) We send denial letters to you according to the rules in chapter 388-406 WAC.
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(2) On this letter, we tell you:
(a) What kind of benefits you get;
(b) If you applied for cash or food assistance, the amount of benefits you get;
(c) If you applied for medical, what type of medical;
(d) How long you will get the benefits; and
(e) Your right to have your case reviewed or ask for a fair hearing.
(3) We send approval letters to you according to the rules in chapter 388-406 WAC.
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(2) On the letter, we tell you:
(a) What is needed;
(b) The date it is due; and
(c) What will happen to your benefits if you don't do what we ask.
(3) You get at least ten days to give us the information or do the activity. You can ask for more time if you need it.
(4) If the tenth day is on a weekend or holiday, you have until the next business day to do what we need.
(5) If we don't get what we need by the due date, we may deny, reduce, or stop your benefits. We will send you another letter if this happens.
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(2) On the letter, we tell you:
(a) What your benefits are changing to;
(b) When the change is going to happen;
(c) The reason for the change;
(d) The rules that support our decision; and
(e) Your right to have your case reviewed or ask for a fair hearing.
(3) We send the letter to you before the change happens. If your benefits are going down, we give you at least ten days notice unless:
(a) You ask us to reduce your benefits;
(b) We have to change benefits for a lot of people at once because of a law change;
(c) For cash and food assistance:
(i) We told you on your approval letter that your benefits might change every month; or
(ii) We already told you that the supplement would end.
(d) For cash assistance, we told you that the AREN payment described in WAC 388-436-0002 was for one month only.
(4) The ten-day count starts on the day we mail or give you the letter and ends on the tenth day.
(5) If we don't have to give you ten days notice, we send the letter to you:
(a) For cash and medical, by the date of the action.
(b) For food assistance, by the date you normally get your benefits.
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(2) On the letter, we tell you:
(a) When your benefits are going to end;
(b) The reason they are ending;
(c) The rules that support our decision; and
(d) Your right to have your case reviewed or ask for a fair hearing.
(3) We tell you at least ten days before your benefits end unless;
(a) You asked us to stop your benefits;
(b) We have proof that everyone in your assistance unit has moved to another state or will move to another state before the next benefits are issued;
(c) We have proof that everyone in your assistance unit has died;
(d) We have to change benefits for a lot of people at once because of a law change; or
(e) For food assistance, your certification period is ending.
(4) The ten-day count starts on the day we mail or give you the letter and ends on the tenth day.
(5) If we don't have to give you ten days notice, we send the letter to you:
(a) For cash and medical, by the date of the action.
(b) For food assistance, by the date you normally get your benefits.
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(a) Get the needed information to us; or
(b) Prepare yourself and your family for the change.
(2) You can also use this time to request a fair hearing.
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(2) If the tenth day falls on a weekend or holiday, you have until the next business day to ask for a fair hearing and still be able to get continued benefits.
(3) If the tenth day happens before the end of the month, you have until the end of the month to ask for a fair hearing and still be able to get continued benefits.
(4) For food assistance, you cannot get continued benefits if your certification period is ending.
(5) If you get continued benefits, you keep getting them through the end of the month the fair hearing decision is mailed unless:
(a) You:
(i) Tell us in writing that you do not want continued benefits;
(ii) Withdraw your fair hearing request in writing; or
(iii) Do not follow through with the fair hearing process.
(b) An administrative law judge (ALJ) tells us in writing to stop your continued benefits before the hearing.
(c) For food assistance, your certification period ends.
(6) After the fair hearing, you have to pay back any continued benefits you get if the ALJ agrees with our decision.
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(1) Appointment letters;
(2) Overpayment letters; and
(3) Fair Hearing letters.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-458-0001 | How the department requests information or action needed when a client applies for assistance or reports a change. |
| WAC 388-458-0005 | Adequate notice of denial or withdrawal. |
| WAC 388-458-0010 | Adequate notice of adverse action to recipients. |
| WAC 388-458-0015 | Translation of written communications with limited English proficient clients. |