S-0868.2  _______________________________________________

 

                         SENATE BILL 5816

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Hochstatter, Wood, Schow, Moyer, Deccio, Long, Strannigan, McCaslin, West, A. Anderson and Oke

 

Read first time 02/07/95.  Referred to Committee on Health & Long‑Term Care.

 

Providing public assistance benefits at the rate of a recipient's state of last residence for persons who have resided in Washington fewer than twelve months.



    AN ACT Relating to public assistance; amending RCW 74.08.025; creating new sections; providing an effective date; providing a contingent expiration date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:

    (1) Public assistance shall be awarded to any applicant:

    (((1))) (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and

    (((2))) (b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and

    (((3))) (c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance:  PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services.  The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis.  The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.

    (2) For any person otherwise qualified to receive public assistance under this title who has resided in the state of Washington for fewer than twelve continuous months immediately preceding receipt of any public assistance under this title, any public assistance received is limited to levels or amounts of assistance the person would have received from a similar program in the state where the person most recently had an established residence before moving to Washington, if the public assistance is lower than that provided to similarly situated families in Washington.

    (3) The department shall conduct a periodic survey of the other states to determine their public assistance levels for programs similar to those in the state of Washington, and shall by rule adopt a scale of public assistance limits based on state of origin.

 

    NEW SECTION.  Sec. 2.   The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of section 1 of this act at the earliest possible date.

 

    NEW SECTION.  Sec. 3.   In the event that the department of social and health services is not able to obtain the necessary exemptions, waivers, or amendments referred to in section 2 of this act before January 1, 1998, this act shall expire on that date and shall have no further force or effect.

 

    NEW SECTION.  Sec. 4.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

 

    NEW SECTION.  Sec. 5.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

 


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