Date of Adoption: September 22, 2003.

     Purpose: The department has amended WAC 388-468-0005 to delete reference to medically indigent program which ended June 30, 2003, to add language for the following:

•     An individual cannot receive comparable benefits from another state;

•     An indefinite period of time is now included as part of the definition of residency;

•     The state where a child's primary custodian lives is the state of residence for the child; and

•     The state of residence is the state where an institutionalized individual is living with the intent to remain.

     Other wording changes are made for clarity.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-468-0005.

     Statutory Authority for Adoption: RCW 74.08.090.

      Adopted under notice filed as WSR 03-16-081 on August 4, 2003.

     Changes Other than Editing from Proposed to Adopted Version: The wording "... but may not receive benefits while receiving comparable benefits from another state" has been removed from subsection (2) to [and] moved to subsection (6) as, "A client may not receive comparable benefits from another state for the case [cash] and basic food programs." The change was made as a result of comments received.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

September 22, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) A resident is ((an individual)) a person who:

     (a) Currently lives in Washington and intends to continue living here permanently or for an indefinite period of time; or

     (b) Entered the state looking for a job; or

     (c) Entered the state with a job commitment.

     (2) A person does not need to live in the state for a specific period of time to be considered a resident.

     (3) A child under age eighteen is a resident of the state where the child's primary custodian lives.

     (4) With the exception of subsection (((4))) (5) of this section, a client can temporarily be out of the state for more than one month. If so, ((they)) the client must supply the department with adequate information to demonstrate ((their)) the intent to continue to reside in the state of Washington.

     (((4) Noncategorically eligible))

     (5) Basic Food Program assistance ((households remaining)) units who are not categorically eligible do not meet residency requirements if they stay out of the state more than one calendar month ((lose their state residence status.

     (5))).

     (6) A client may not receive comparable benefits from another state for the cash and Basic Food Programs.

     (7) A former resident of the state can apply for the GA-U program while living in another state if:

     (a) The person:

     (i) Plans to return to this state;

     (ii) Intends to maintain a residence in this state; and

     (iii) Lives in the United States at the time of the application.

     (b) In addition to the conditions in subsection (7)(a)(i)(ii), and (iii) being met, the absence must be:

     (i) Enforced and beyond the person's control; or

     (ii) Essential to the person's welfare and is due to physical or social needs.

     (c) See WAC 388-406-0035, 388-406-0040, and 388-406-0045 for time limits on processing applications.

     (8) Residency is not a requirement for ((the following:

     (a) The medically indigent (MI) program; or

     (b))) detoxification services.

     (((6))) (9) A person is not a resident when the person enters Washington state only for medical care. This person is not eligible for any medical program. The only exception is described in subsection (10) of this section.

     (10) It is not necessary for a person moving from another state directly to a nursing facility in Washington state to establish residency((, prior to)) before entering the facility((.

     (7) A person who enters Washington state temporarily just to get medical care does not meet the definition of a resident and is not eligible for those services.

     (8))). The person is considered a resident if they intend to remain permanently or for an indefinite period unless placed in the nursing facility by another state.

     (11) For purposes of medical programs, a client's residence is the state:

     (a) ((Making)) Paying a state Supplemental Security Income (SSI) payment; or

     (b) ((Making)) Paying federal payments for foster or adoption assistance ((under Title IV-E of the Social Security Act)); or

     (c) ((Of residence of)) Where the noninstitutionalized individual lives when Medicaid eligibility is based on blindness or disability; or

     (d) Where the parent or legal guardian, if appointed, for an institutionalized:

     (i) Minor child; or

     (ii) Client twenty-one years of age or older, who became incapable of determining residential intent before reaching age twenty-one.

     (((d))) (e) Where a client is residing if the person becomes incapable ((before)) of determining residential intent after reaching twenty-one years of age; or

     (((e))) (f) Making a placement in an out-of-state institution; or

     (g) For any other institutionalized individual, the state of residence is the state where the individual is living with the intent to remain there permanently or for an indefinite period.

     (((9))) (12) In a dispute between states as to which is a person's state of residence, the state of residence is the state in which the person is physically located.

     (((10) A former resident of the state can apply for the GA-U program while living in another state if:

     (a) The person:

     (i) Plans to return to this state; and

     (ii) Intends to maintain a residence in this state; and

     (iii) Lives in the United States at the time of the application.

     (b) In addition to the conditions in subsection (10)(i), (ii), and (iii) being met, the absence must be the result of one of the following:

     (i) Is enforced and beyond the person's control; or

     (ii) Is essential to the person's welfare and is due to physical or social needs.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-468-0005, filed 7/31/98, effective 9/1/98.]

© Washington State Code Reviser's Office