1. (1) A consumer may receive WCCC benefits pending the outcome of a hearing if he or she requests the hearing:

   1. (a) On or before the effective date of an action; or

   2. (b) No more than ten days after DSHS sends the consumer a notice of adverse action.

      As used in this section, "adverse action" means an action to reduce or terminate a consumer's WCCC benefits.

2. (2) If a consumer loses a hearing, any WCCC benefit that a consumer uses between the date of the adverse action and the date of the hearing decision is an overpayment to the consumer.
3. (3) A consumer may not receive WCCC benefits pending the outcome of a hearing if he or she requests payment to a provider who is not eligible under WAC 170-290-0125.
4. (4) A consumer may receive WCCC benefits for another eligible provider, pending the outcome of the hearing.

[WSR 18-14-078, recodified as § 110-15-0285, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0285, filed 10/28/09, effective 12/1/09.]