WSR 14-09-113

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 23, 2014, 8:41 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-449-0001, 388-449-0035, 388-449-0060, 388-449-0080, and any other related rules in order to implement the changes required by SB 6573, which passed the 2014 legislature.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.005, 74.04.050, 74.04.055, 74.4.057 [74.04.057], 74.08.090, 74.08A.100, 74.04.770, 74.62.030, and SB 6573, 63rd legislature, 2014 regular session.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SB 6573 restores a more restrictive aged, blind, or disabled (ABD) disability standard, specifically a twelve month minimum duration requirement and fifteen year consideration of an individual's ability to perform past work, effective July 1, 2014. Last year, SHB 2069 passed the legislature and temporarily created a less restrictive ABD disability standard. SHB 2069 included a clause requiring the department to revert back to the more restrictive disability standard effective June 30, 2015. SB 6573, which passed the 2014 legislature, requires the department to revert to the more restrictive ABD disability standard twelve months earlier.

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 Erik Peterson, 712 Pear Street S.E., Olympia, WA 98501, phone (360) 725-4622, fax (360) 725-4904, e-mail erik.peterson@dshs.wa.gov.

April 15, 2014

Katherine I. Vasquez

Rules Coordinator