EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Immediately.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The United States Department of Health and Human Services Administration for Children and Families enforces provisions as enacted in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312). The law includes a provision that disregards tax refunds received after December 31, 2009, as income and resources (for a period of twelve months) in programs funded in whole or part with federal funds.
Purpose: These amendments are necessary to comply with the United States Department of Health and Human Services instructions dated January 28, 2011, and the United States Department of Agriculture Food and Nutrition Service memo dated February 1, 2011, requiring states to disregard federal income tax refunds received after December 31, 2009, as income and resources for a period of twelve months when determining eligibility for federal funded programs.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0015, 388-455-0005, 388-470-0045, 388-470-0055, 388-475-0550, and 388-475-0860.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.57 [74.04.057].
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The department already disregards tax refunds received after December 31, 2009, as income and resources (for a period of twelve months) in programs funded in whole or part with federal funds income. This amendment is already in place via an emergency adoption by WSR 11-07-001 dated March 2, 2011, which expires on June 30, 2011. The department continues the permanent rule-making process. The department has filed a preproposal statement of inquiry as WSR 11-08-071 on April 6, 2011, and plans to file a proposed rule-making notice in early July.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 30, 2011.
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-15 issue of the Register.