WSR 05-15-078

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 14, 2005, 4:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-097.

Title of Rule and Other Identifying Information: WAC 388-473-0010 General provisions for ongoing additional requirements, 388-473-0020 Restaurant meals as an ongoing additional requirement, and 388-473-0030 Home-delivered meals as an ongoing additional requirement (repeal).

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire, a map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on August 23, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 24, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 23, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 29, 2005, TTY (360) 664-6178 or phone (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The needed change will extend the eligibility period for ongoing additional requirements for SSI recipients from yearly to up to twenty-four months and clarify what are ongoing additional requirements and their eligibility criteria. A CR-101 Preproposal Statement of Inquiry, was filed for WAC 388-473-0010. However, upon review of this WAC, the department determined WAC 388-473-0020 and 388-473-0030 require changes to address related subject matter.

Reasons Supporting Proposal: SSI recipients generally are long-term recipients and have few changes to their information. Therefore, there should be a longer eligibility period for their SSP benefits. Clarifying ongoing additional requirements and their eligibility criteria is necessary to streamline the process creating fewer errors and changes.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lorri Gagnon, 1009 College S.E., Lacey, WA 98504, (360) 725-4619.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

July 11, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3528.3
AMENDATORY SECTION(Amending WSR 01-01-070, filed 12/12/00, effective 2/1/01)

WAC 388-473-0010   ((General provisions for)) What are ongoing additional requirements((.)) and how do I qualify?   ((For the purposes of this chapter, "we" and "us" refers to the department of social and health services. "You" refers to the applicant or recipient. An)) "Ongoing additional requirement" ((is a continuing need that you have for which you require additional financial benefits in order to)) means a need beyond essential food, clothing, and shelter needs and is necessary to help you continue living independently.

(1) We may authorize ongoing additional requirement benefits if you are active in one of the following programs:

(a) ((Eligible for temporary assistance for needy families (TANF), Tribal TANF, state family assistance (SFA), refugee or general assistance cash, or SSI payments; and

(b) Aged: You are age sixty-five or older;

(c) Blind: You have central visual acuity of 20/200 or less in the better eye with the use of a correcting lens or limited fields of vision so the widest diameter of the visual field subtends an angle of no greater than twenty degrees; or

(d) Disabled: You are unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that:

(i) Can be expected to result in death; or

(ii) Has lasted or can be expected to last for a continuous period of not less than twelve months..))

Temporary Assistance for Needy Families (TANF), or Tribal TANF;

(b) State Family Assistance (SFA);

(c) Refugee Cash;

(d) General Assistance Cash; or

(e) Supplemental Security Income (SSI).

(2) You ((may)) apply for an ongoing additional requirement benefit((s)) by ((asking for it from)) notifying staff ((that)) who maintain your cash or medical assistance that you need additional help to live independently.

(3) We authorize ongoing additional requirement benefits only when we determine the item is essential to you. ((In deciding if you are eligible for ongoing additional requirement benefits, we consider and verify)) We make the decision based on proof you provide of:

(a) The circumstances that create((d)) the need; and

(b) How the need affects your health, safety and ability to continue to live independently.

(4) ((When)) We ((determine)) authorize ongoing additional requirement benefits ((are needed, we:

(a) Increase)) by increasing your monthly cash assistance benefit ((to provide the additional benefits by monthly payment;)).

(((b) Periodically)) (5) We use the following review cycle table to decide when to review ((whether you continue to)) your need for the additional ((benefits)) benefit(s). ((We conduct this review at least:))


REVIEW CYCLE
Program Frequency (Months)
TANF/RCA 6 Months
GA 12 Months
SSI 24 Months
All Any time need or circumstances are expected to change
All Any time need or circumstances are expected to change.

(((i) Twice a year for TANF and refugee cash assistance recipients;

(ii) Yearly for general assistance or SSI recipients when we decide the need is not likely to change; or

(iii) More frequently if we expect your circumstances to change.))

(((5))) (6) Monthly payment standards for ongoing additional requirements are described under WAC 388-478-0050.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 01-01-070, 388-473-0010, filed 12/12/00, effective 2/1/01; 00-15-053, 388-473-0010, filed 7/17/00, effective 9/1/00.]


AMENDATORY SECTION(Amending WSR 00-15-053, filed 7/17/00, effective 9/1/00)

WAC 388-473-0020   ((Restaurant)) When do we authorize meals as an ongoing additional requirement((.))?   ((We authorize benefits for restaurant meals when we decide you are:

(1) Physically or mentally unable to prepare meals;

(2) A roomer and meals are not provided or your housing arrangement does not provide for or allow cooking: or

(3) Homeless)) (1) We authorize additional requirement benefits for meals when we decide all of the following conditions are true:

(a) You meet the criteria in WAC 388-473-0020;

(b) You are physically or mentally impaired in your ability to prepare meals; and

(c) Getting help with meals would meet your nutrition or health needs and is not available to you through another federal or state source; such as the community options program entry system (COPES), Medicaid personal care (MPC), or informal support, such as a relative or volunteer.

(2) When we decide to provide meals as an additional requirement, we choose whether to authorize this benefit as restaurant meals or home-delivered meals.

(3) We authorize restaurant meals when:

(a) You are unable to prepare some of your meals;

(b) You have some physical ability to leave your home; and

(c) Home-delivered meals are not available or would be more expensive.

(4) We authorize home-delivered meals when:

(a) You are unable to prepare any of your meals;

(b) You are physically limited in your ability to leave your home; and

(c) Home-delivered meals are available.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-15-053, 388-473-0020, filed 7/17/00, effective 9/1/00.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-473-0030 Home-delivered meals as an ongoing additional requirement.

Washington State Code Reviser's Office