WSR 04-03-010E



(Economic Services Administration)

[ Filed January 9, 2004, 4:29 p.m. ]

Date Adopted: January 9, 2004.

Purpose: To implement a change in RCW 74.04.005 (6)(g) that places the burden of proof for continuing general assistance benefits based on incapacity from the department to the recipient.

The rule replaces the emergency rule filed as WSR 04-02-051 on January 5, 2004, which contained incorrect language in amended WAC 388-448-0160.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-448-0170 and 388-448-0190; and amending WAC 388-448-0160.

Statutory Authority for Adoption: Chapter 10, Laws of 2003 1st sp.s., RCW 74.08.090.

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: ESSB [ESHB] 2252 (as chapter 10, Laws of 2003 1st sp.s.) took effect on September 9, 2003, which required rules to be in place sooner than is possible under the regular adoption process. There has been extensive department and public review while preparing these rules for permanent adoption. The proposed rule has been filed as WSR 04-02-048, and a public hearing is scheduled for February 10, 2002 [2004]. The emergency rule changes need to remain in place while the permanent adoption process is completed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 2.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 2.

Effective Date of Rule: Immediately.

January 9, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 00-16-113, filed 8/2/00, effective 9/1/00)

WAC 388-448-0160   ((Review of your incapacity.)) When do my general assistance benefits end?   (1) ((In order to review your incapacity, we must have sufficient written medical information based on an examination within the last sixty days. We may also require information about your progress with required treatment or agency referrals according to WAC 388-448-0130.

(2) We cannot extend GAU eligibility beyond the current eligibility end date if we do not receive current medical evidence that we decide is enough to show that you continue to be incapacitated)) The maximum period of eligibility for general assistance is twelve months before we must review additional medical evidence. We use medical evidence and the expected length of time before you are capable of gainful employment to decide when your benefits will end.

(2) Your benefits stop at the end of your incapacity period unless you provide additional medical evidence that demonstrates during your current incapacity period that there was no material improvement in your impairment. No material improvement means that your impairment continues to meet the progressive evaluation process criteria in WAC 388-448-0010 through 388-448-0110, excluding the requirement that your impairment prevents employment for ninety days.

(3) Additional medical evidence must meet all of the criteria defined in WAC 388-448-0030.

(4) We use additional medical evidence received after your incapacity period had ended when:

(a) The delay was not due to your failure to cooperate; and

(b) We receive the evidence within thirty days of the end of your incapacity period; and

(c) The evidence meets the progressive evaluation process criteria in WAC 388-448-0010 through 388-448-0110.

(5) You must provide information about your cooperation and progress with treatment or agency referrals we required according to WAC 388-448-0130.

(6) You are not eligible for general assistance when incapacity was previously determined based on:

(a) Faulty or insufficient information; or

(b) We made a procedural error in one of our previous determinations based on a rule in effect at the time.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-16-113, 388-448-0160, filed 8/2/00, effective 9/1/00.]


     The following sections of the Washington Administrative Code are repealed:
WAC 388-448-0170 Termination requirement -- How we determine you are no longer incapacitated.
WAC 388-448-0190 Reinstating your eligibility after termination due to lack of medical evidence.