WSR 00-16-113

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 2, 2000, 9:26 a.m. , effective September 1, 2000 ]

Date of Adoption: August 2, 2000.

Purpose: The revision was done to meet the requirements of the WAC migration of Title 388 WAC and to meet the standards of Executive Order 97-02 for regulatory improvement. Chapter 388-235 WAC was repealed, the rules were rewritten and incorporated into chapter 388-448 WAC.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-235-1500 Persons in institutions, 388-235-5000 Incapacity determination--Process, 388-235-5050 Waiver of medical documentation and progressive evaluation process (PEP), 388-235-5060 Determination of capacity to engage in gainful employment, 388-235-5070 Sources of medical evidence, 388-235-5080 Medical evidence requirements, 388-235-5090 Assigning severity ratings, 388-235-5100 PEP step I--Review of medical documentation, 388-235-5200 PEP step II--Severity of mental impairments, 388-235-5300 PEP step III--Severity of physical impairments, 388-235-5400 Progressive evaluation process--Step IV--Multiple impairments, 388-235-5500 Progressive evaluation process--Step V--Functional mental capacity, 388-235-5600 Progressive evaluation process--Step V--Functional physical capacity, 388-235-5700 Evaluating vocational factors for progressive evaluation process--Steps VI and VII, 388-235-5800 Progressive evaluation process--Step VI--Evaluate capacity to perform past work, 388-235-5900 Progressive evaluation process--Step VII--Evaluating capacity to perform other work, 388-235-6000 Duration of assistance based on incapacity, 388-235-7000 Purpose of referrals, 388-235-7100 Treatment and referral requirements, 388-235-7200 Other agency referral requirements, 388-235-7300 ADATSA referral requirements, 388-235-7400 Protective payments, 388-235-7500 Good cause for refusing medical treatment or other agency referrals, 388-235-7600 Sanction for refusing medical treatment or other agency referrals, 388-235-8000 Redetermination of financial eligibility, 388-235-8100 Redetermination of incapacity, 388-235-8130 Determining a recipient is no longer incapacitated--Termination proviso, 388-235-8140 Redetermination of eligibility based on mental retardation, 388-235-8150 Redetermination for a recipient appearing to meet federal disability criteria for SSI, 388-235-8200 Reinstating eligibility after termination due to lack of medical evidence, 388-235-9000 How benefits from other programs affect your eligibility for general assistance-unemployable, 388-235-9100 GAU pending SSI eligibility, 388-235-9200 Assignment and recovery of interim assistance, and 388-235-9300 GAU to an SSI recipient whose SSI check is lost, stolen, or missent.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Adopted under notice filed as WSR 00-11-129 on May 22, 2000.

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 0, 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 22, Amended 0, Repealed 34.

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 22, Amended 0, Repealed 34. Effective Date of Rule: September 1, 2000.

August 2, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

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 00-17 issue of the Register.

Washington State Code Reviser's Office