WSR 13-15-121

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 22, 2013, 2:16 p.m.]

Subject of Possible Rule Making: The department is proposing to create a new rule under Title 388 WAC establishing eligibility standards for aged, blind, or disabled (ABD) cash assistance and the housing and essential needs referral programs; and amend WAC 388-400-0060 Who is eligible for aged, blind, or disabled (ABD) cash assistance?, 388-449-0001 What are the disability requirements for the aged, blind, or disabled (ABD) program?, 388-449-0035 How does the department assign severity ratings to my impairment?, 388-449-0060 Sequential evaluation process Step II—How does the department review medical evidence to determine if I am eligible for benefits?, 388-449-0080 Sequential evaluation process Step IV—How does the department evaluate if I am able to perform past work?, and any other related rules as required by SHB [EHB] 2069.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.62.030 and SHB [EHB] 2069.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB [EHB] 2069 section 1 requires the department to adopt ABD eligibility standards consistent with the income and resources standards detailed in section 3. Section 1 also requires the department to move from a twelve month to nine month disability duration and reduce consideration of an individual's ability to perform past work from fifteen to ten years when determining eligibility for ABD cash assistance. SHB [EHB] 2069 sections 1 and 3 take effect January 1, 2014.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Shane Riddle, Program Manager, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4352, fax (360) 725-4904, e-mail riddlms@dshs.wa.gov.

July 22, 2013

Katherine I. Vasquez

Rules Coordinator