Effective May 28, 2004
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WAC 388-290-0260 Do I have
the right to ask for a hearing about my WCCC benefits and how do I
ask for one?
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WCCC consumers have a right to request
a hearing under chapter 388-02 WAC on any action affecting WCCC
benefits except for mass changes resulting from a change in
policy or law.
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Child care providers can request
hearings under chapter 388-02 WAC and RCW 43,20B.675 only for WCCC overpayments.
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To request a hearing the consumer or
provider:
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Contacts the office which sent them
the notice; or
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Writes to the Office of
Administrative Hearings, PO Box 42489,
Olympia WA 98504-2488; and
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Makes the request for a hearing within:
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Ninety days of the date a decision
is received for consumers; or
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Twenty-eight days of the date a
decision is received for providers (per RCW 43.20B.675).
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Click on the
Washington State Register (WSR) numbers below to go to the official
filings for this WAC at the Washington State Code Reviser's web
site.
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In a child care hearing, supporting documents may be crucial to
the department's case. You may need to include canceled warrants,
signed invoices, service authorization screen printouts and/or the service
invoice screen printouts. Further details on how to obtain this
information is in the SSPS Manual.
Effective May 28, 2004
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WAC 388-290-0265 When can I
get WCCC benefits pending the outcome of a hearing?
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If you are a WCCC consumer, you can
receive WCCC pending the outcome of a hearing if you request the
hearing:
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On or before the effective date of
an action; or
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No more than ten days after we send you a notice of adverse action.
"Adverse action" means an action to reduce or
terminate your WCCC, or to set up a protective payee to
receive your WCCC warrant for you.
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If you lose a hearing, any WCCC you use
between the date of the adverse action and the date of the
hearing or hearing decision is an overpayment to you, the
consumer.
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If you are a WCCC consumer, you may not
receive WCCC benefits pending the outcome of a hearing if you
request payment to a provider who is not eligible under WAC
388-290-0125.
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If you are eligible for WCCC, you may
receive child care benefits for another eligible provider,
pending the outcome of the hearing.
|
Click on the
Washington State Register (WSR) numbers below to go to the official
filings for this WAC at the Washington State Code Reviser's web
site.
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CLARIFICATION
WAC 388-290-0265 does not require DSHS to
continue benefits beyond the current authorization period if the client
is:
- No longer eligible, and
- Has filed for a hearing.
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EXAMPLE 1
Carrie became ineligible for care on 5/15. Care
was terminated correctly before the original eligibility end date,
which was 6/30. Carrie requested a hearing timely. Care can be
extended to the original eligibility end date but not beyond.
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EXAMPLE 2
Shawn submitted a reapplication for services
beginning 7/1. The reapplication was processed and we determined the
client would no longer be eligible as of the original eligibility end
date, 6/30. Shawn filed for a hearing timely. Eligibility is not
extended past the original end date. |
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