WSR 05-19-059

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 16, 2005, 11:54 a.m. , effective October 17, 2005 ]


Purpose: To amend WAC 388-473-0010 General provisions for ongoing additional requirements and 388-473-0020 Restaurant meals as an ongoing additional requirement; and to repeal WAC 388-473-0030 Home-delivered meals as an ongoing additional requirement. The needed changes 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.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-473-0030; and amending WAC 388-473-0010 and 388-473-0020.

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

Adopted under notice filed as WSR 05-15-078 on July 14, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.

Date Adopted: September 12, 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