WSR 20-12-040
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed May 27, 2020, 2:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-05-060.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-280-0010 What is the United States Repatriation Program?, 388-280-0020 How do I apply for repatriation assistance?, 388-280-0030 Do I have to repay the repatriation assistance?, 388-280-0040 Are there limits to my income and resources?, 388-280-0050 How long can I receive repatriation assistance?, and 388-280-0060 What services are available to me under the repatriation program?
Hearing Location(s): On July 7, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than July 8, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., July 7, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by June 23, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to chapter 388-280 WAC will clarify the role and functions of the United States Department of Health and Human Services (HHS) in eligibility for repatriation services, align repatriation rules with the Washington state Emergency Repatriation Plan, distinguish between emergency and nonemergency repatriation assistance, fix incorrect cross-references, and spell out abbreviations for clarity.
Reasons Supporting Proposal: Amendments proposed under this filing align rule with the current Washington state Emergency Repatriation Plan and support accurate administration of the Repatriation program.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Olga Walker, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4641.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "This section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility …"
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: The proposed rules do not affect small businesses. They only affect DSHS clients.
May 27, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0010What is the United States Repatriation Program?
The United States Repatriation Program ((assists a))provides temporary assistance to U.S. ((citizen or dependent))citizens and dependents who ((is:
(1) Without))are brought from a foreign country to the United States because of lack of financial resources((; and
(2) Returned or brought back to the U.S. from a foreign country because of:
(a) Mental illness; or
(b) Destitution, physical illness, or a)), illness, war, threat of war, natural disaster, or similar crisis ((such as war)).
"Assistance" means non-emergency benefits and services. "Emergency" means an activation of the state emergency repatriation plan. During an emergency, you may get emergency assistance at an emergency repatriation center when you arrive at a port of entry. Benefits and services available during an emergency depend on what is available at the time of incident. You may apply for non-emergency assistance in your state of final destination after receiving assistance at an emergency repatriation center.
For the purposes of this chapter, "we" and "us" means the department of social and health services.
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0020How do I apply for repatriation assistance?
You apply for repatriation assistance by contacting the U.S. ((State))department of health and human services (HHS) or us.
(1) If you contact ((the U.S. State Department))HHS, we consider a referral from them as an approved application.
(2) If you contact us directly, we apply for you to ((the U.S. Department of Health and Human Services (HHS)))HHS.
(3) During an emergency, repatriation assistance is provided to you at an emergency repatriation center at a port of entry in Washington state.
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0030Do I have to repay the repatriation assistance?
Repatriation assistance is a loan. You, or your representative if you are ((mentally ill))incapacitated, must:
(1) Sign a statement recognizing repatriation assistance as a loan; and
(2) Agree to repay the funds.
Repayment goes to the U.S. department of health and human services (HHS), and HHS is responsible for collecting repayment of this loan.
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0040Are there limits to my income and resources?
(1) You are ((ineligible))not eligible to receive ((repatriate))repatriation assistance if ((you have nonexempt))your:
(a) Income, as defined by temporary assistance for needy families (TANF) equal to or greater than the TANF need standards as described in WAC ((388-450-0005))388-478-0015; or
(b) Resources, as defined by TANF under WAC 388-470-0005 that are available to meet your resettlement needs.
(2) We consider a resource available to you when:
(a) The value can be determined;
(b) It is controlled by you; and
(c) You can use the resource to meet your needs.
(3) Income limits do not apply during emergency repatriation incidents as defined in the Washington state Emergency Repatriation Plan.
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0050How long can I receive repatriation assistance?
(1) If you are ((mentally ill))incapacitated, you receive temporary care until you:
(a) Can be released to the care of a relative or state agency; or
(b) Are discharged or granted release from hospitalization.
(2) If you are not ((mentally ill))incapacitated, you may receive repatriation assistance up to twelve months as follows:
(a) "Temporary assistance" meaning repatriation assistance provided during the first ninety days after you return to the United States.
(b) "Extended assistance" meaning repatriation assistance provided for up to nine months after the end of your temporary assistance. We must have approval in advance from ((HHS))the U.S. department of health and human services (HHS), so you must ask us to apply for extended assistance while receiving temporary assistance and be:
(i) Ineligible for any other assistance program; and
(ii) Unable to support or care for yourself due to age, illness, or lack of job skills.
(3) During an emergency, you may only receive repatriation assistance as long as you remain in the emergency repatriation center. Once you leave the emergency repatriation center, you may apply for non-emergency repatriation assistance.
AMENDATORY SECTION(Amending WSR 00-19-077, filed 9/19/00, effective 11/1/00)
WAC 388-280-0060What services are available to me under the repatriation program?
(1) The ((HHS))U.S. department of health and human services (HHS) sets limits on how much we pay for repatriation assistance. ((The limits are:
(a) The temporary assistance for needy families (TANF) payment standards under WAC 388-478-0015 for goods and services to meet basic needs;
(b) Up to five hundred sixty dollars per person to meet resettlement costs, if necessary, and for only one month while you receive temporary assistance.))
(2) Within payment limits, repatriation assistance includes:
(a) Travel to your place of residence, limited to:
(i) One domestic trip at the lowest fare and using the most direct means;
(ii) Meals and lodging while you are traveling;
(iii) Money for incidentals; and
(iv) If you are ((ill or disabled))incapacitated, travel expenses for an escort.
(b) Goods and services necessary for your health and welfare, including:
(i) Transportation for medical treatment, hospitalization or social services;
(ii) Temporary shelter;
(iii) Meals;
(iv) Clothing;
(v) Hospitalization to treat mental or acute illness or other medical care; and
(vi) Guidance, counseling and other social services.
(((c) Resettlement costs, including:
(i) Utility or housing deposits; and
(ii) Basic household goods, such as cookware or blankets.))
(3) Benefits, services, and assistance available during an emergency at an emergency repatriation center are described in the Washington state Emergency Repatriation Plan.