PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-13-025 on June 12, 2001.
Title of Rule: WAC 388-422-0005 Do I have to give (assign) my right to child, spousal, or medical support to the department to get assistance?
Purpose: To change rule to correct when a support assignment is made and to clarify that clients can keep a support payment up to the date cash or medical assistance is approved.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Statute Being Implemented: RCW 74.08.090.
Summary: See Purpose above.
Reasons Supporting Proposal: This change is needed to comply with federal regulations, to better inform clients about child support assign, and to correct an inadvertent error in the current WAC.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, Division of Employment and Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3074.
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: WAC 388-422-0005 Do I have to give (assign) my right to child, spousal, or medical support to the department to get assistance? The change to this rule will correct when a support assignment is made and clarify that clients can keep a support payment up to the date cash or medical assistance is approved.
Proposal Changes the Following Existing Rules: The rule now states that they assign their rights to support the date assistance is approved.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of these rules do not affect small businesses.
RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of significant legislative rule.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 4, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by August 29, 2001, phone (360) 664-6094, TTY (360) 664-6178.
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 September 4, 2001.
Date of Intended Adoption: No earlier than September 5, 2001.
July 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2953.3(2) To receive medical assistance, each client must assign to the state of Washington all rights to medical support for each person for whom the client is applying. This includes the rights to any medical support which has accrued before assignment is made.
(3) Assignment is made when a client signs the application or accepts the cash or medical assistance.
(4) After assignment is made, a client must send any direct support they receive to the division of child support (DCS))) (1) For all sections of this chapter:
(a) The department means: The department of social and health services.
(b) Assignment of support rights means: When you apply for cash or medical assistance, you agree that we can keep your child support, spousal support, and medical support in exchange for the assistance paid to you and all of the people in your assistance unit (AU). This is called assigning your rights to support.
(c) Support means: Money or medical payments given to you by court or administrative order for yourself and others.
(2) You must give your rights to child and spousal support for you and everyone in your AU when you get TANF or SFA cash assistance.
(3) You must give your right to medical support for you and everyone in your AU when you get medical assistance.
(4) You do not have to give your right to medical support when you get assistance from the following programs:
(a) Pregnancy medical;
(b) Newborn medical; or
(c) Children's medical for undocumented aliens.
(5) You give your support rights to the department when you sign the application for assistance, and the department approves cash or medical assistance.
(6) When you apply for assistance you must give the state all unpaid support owed to you. There are two kinds of unpaid support that can be owed to you:
(a) WAC 388-14A-2037 tells you about permanently assigned arrears; and
(b) WAC 388-14A-2038 tells you about temporarily assigned arrears.
(7) The state and federal government cannot keep more of your support than we pay to you in assistance.
(8) Once we approve your cash or medical assistance, you must give the division of child support (DCS) all support paid directly to you.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-422-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0560.]