| Passed by the House March 22, 2010 Yeas 57 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 22, 2010 Yeas 28 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2782 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved March 29, 2010, 2:48 p.m., with
the exception of Section 9 which is
vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 30, 2010 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/09/10.
AN ACT Relating to establishing the security lifeline act; amending RCW 74.04.005, 10.101.010, 26.19.071, 31.04.540, 70.123.110, 73.08.005, 74.04.0052, 74.04.120, 74.04.230, 74.04.266, 74.04.620, 74.04.770, 74.08.043, 74.08.278, 74.08.335, 74.08A.210, 74.09.010, 74.09.035, 74.09.555, and 74.50.060; reenacting and amending RCW 13.34.030; adding new sections to chapter 74.04 RCW; adding a new section to chapter 43.330 RCW; adding a new section to chapter 70.47 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 74.08A RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(a) Low-income families and individuals often face significant
barriers to receiving the services and benefits that they are qualified
to receive. These services are essential to meeting individuals' basic
needs, and provide critical support to low-income individuals who are
working or who have disabilities that prevent them from working;
(b) Each year millions of federal dollars go unclaimed due to
underutilization of benefits such as tax credits, health care coverage,
and food support;
(c) State agencies have been engaged in an effort to implement an
online benefit portal to simplify and streamline access to state,
federal, and local benefits that include a broad array of public
benefits;
(d) Access to education and training gives low-income individuals
and families the opportunity to acquire the skills they need to become
successfully employed and attain self-sufficiency; and
(e) Agencies have been engaged in efforts to increase access to
training and education for recipients of federal food assistance.
(2) The legislature therefore intends to strengthen existing
efforts by providing enhanced structure and direction to ensure that a
strong partnership among colleges, state agencies, community partners,
and philanthropy be established. The legislature also intends to
provide an efficient, effective, integrated approach to the delivery of
basic support services and education and training programs. The
integrated approach should include the creation of a one-stop-shop,
online benefits portal where individuals can apply for a broad array of
services, including public benefits and education and training support,
and the expansion of the food stamp employment and training program.
(3) The legislature further finds that:
(a) The general assistance program can be reformed to better
support the ability of persons who are unable to work due to physical
or mental health impairments to either return to work, or transition to
federal supplemental security income benefits; and
(b) Persons who are homeless and suffering from mental illness or
chemical dependency are particularly vulnerable, because homelessness
is a substantial barrier to successful participation in, and completion
of, needed treatment services.
(4) Through the reforms included in this act, the legislature
intends to end the general assistance program and establish the
disability lifeline program, and to implement multiple strategies
designed to improve the employment and basic support outcomes of
persons receiving disability lifeline benefits. The legislature
further intends to focus services on persons who are homeless and have
a mental illness or chemical dependency by providing housing vouchers
as an alternative to a cash grant so that these persons can be in
stable housing and thus have a greater opportunity to succeed in
treatment.
NEW SECTION. Sec. 2 A new section is added to chapter 74.04 RCW
to read as follows:
(a) Identify and select an appropriate solution and acquisition
approach to integrate technology systems to create a user-friendly
electronic tool for Washington residents to apply for benefits;
(b) Facilitate the adaptation of state information technology
systems to allow applications generated through the opportunity portal
and other compatible electronic application systems to seamlessly link
to appropriate state information systems;
(c) Ensure that the portal provides access to a broad array of
state, federal, and local services, including but not limited to:
Health care services, higher education financial aid, tax credits,
civic engagement, nutrition assistance, energy assistance, family
support, and disability lifeline benefits as defined in sections 4
through 13 of this act;
(d) Design an implementation strategy for the portal that maximizes
collaboration with community-based organizations to facilitate its use
by low-income individuals and families;
(e) Provide access to the portal at a wide array of locations
including but not limited to: Community or technical colleges,
community college campuses where community service offices are
colocated, community-based organizations, libraries, churches, food
banks, state agencies, early childhood education sites, and labor
unions;
(f) Ensure project resources maximize available federal and private
funds for development and initial operation of the opportunity portal.
Any incidental costs to state agencies shall be derived from existing
resources. This subsection does not obligate or preclude the
appropriation of future state funding for the opportunity portal;
(g) Determine the solution and acquisition approach by June 1,
2010.
(2) By December 1, 2011, and annually thereafter, the department of
social and health services shall report to the legislature and
governor. The report shall include data and information on
implementation and outcomes of the opportunity portal, including any
increases in the use of public benefits and increases in federal
funding.
(3) The department shall develop a plan for implementing paperless
application processes for the services included in the opportunity
portal for which the electronic exchange of application information is
possible. The plan should include a goal of achieving, to the extent
possible, the transition of these services to paperless application
processes by July 1, 2012. The plan must comply with federal statutes
and regulations and must allow applicants to submit applications by
alternative means to ensure that access to benefits will not be
restricted.
(4) To the extent that the department enters into a contractual
relationship to accomplish the purposes of this section, such contract
or contracts shall be performance-based.
NEW SECTION. Sec. 3 A new section is added to chapter 74.04 RCW
to read as follows:
(a) Identify and seek out partnerships with community-based
organizations that can provide support services and case management to
participants through performance-based contracts in the food stamp
employment and training program, and do not replace the positions or
work of department employees;
(b) Identify eligible nonfederal matching funds to draw down the
federal match for food stamp employment and training services.
Matching funds may include: Local funds, foundation grants, employer-paid costs, and the state allocation to community and technical
colleges.
(2) Employment and training funds may be allocated for:
Educational programs to develop skills for employability, vocational
education, English as a second language courses, adult basic education,
GED courses, remedial programs, job readiness training, case
management, intake, assessment, evaluation, and barrier removal and
support services such as tuition, books, child care, transportation,
housing, and counseling services.
(3) The department shall annually track and report outcomes
including those achieved through performance-based contracts as
follows: Federal funding received, the number of participants served,
achievement points, the number of participants who enter employment
during or after participation in the food stamp employment and training
program, and the average wage of jobs attained. The report shall be
submitted to the governor and appropriate committees of the legislature
on November 1st of each year, beginning in 2010.
(4) For purposes of this section, "food stamp employment and
training program" refers to a program established and administered
through the employment security department and the department of social
and health services.
Sec. 4 RCW 74.04.005 and 2003 1st sp.s. c 10 s 1 are each amended
to read as follows:
For the purposes of this title, unless the context indicates
otherwise, the following definitions shall apply:
(1) "Public assistance" or "assistance" -- Public aid to persons in
need thereof for any cause, including services, medical care,
assistance grants, disbursing orders, work relief, ((general
assistance)) disability lifeline benefits and federal aid assistance.
(2) "Department" -- The department of social and health services.
(3) "County or local office" -- The administrative office for one or
more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of social and
health services.
(5) "Disability lifeline program" means a program that provides aid
and support in accordance with the conditions set out in this
subsection.
(a) Aid and assistance shall be provided to persons who are not
eligible to receive federal aid assistance, other than basic food
benefits transferred electronically and medical assistance and meet one
of the following conditions:
(i) Are pregnant and in need, based upon the current income and
resource requirements of the federal temporary assistance for needy
families program; or
(ii) Are incapacitated from gainful employment by reason of bodily
or mental infirmity that will likely continue for a minimum of ninety
days as determined by the department. The standard for incapacity in
this subsection, as evidenced by the ninety-day duration standard, is
not intended to be as stringent as federal supplemental security income
disability standards; and
(A) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(B) Have furnished the department their social security number. If
the social security number cannot be furnished because it has not been
issued or is not known, an application for a number shall be made prior
to authorization of benefits, and the social security number shall be
provided to the department upon receipt;
(C) Have not refused or failed without good cause to participate in
drug or alcohol treatment if an assessment by a certified chemical
dependency counselor indicates a need for such treatment. Good cause
must be found to exist when a person's physical or mental condition, as
determined by the department, prevents the person from participating in
drug or alcohol dependency treatment, when needed outpatient drug or
alcohol treatment is not available to the person in the county of his
or her residence or when needed inpatient treatment is not available in
a location that is reasonably accessible for the person; and
(D) Have not refused or failed without good cause to participate in
vocational rehabilitation services, if an assessment conducted under
section 5 of this act indicates that the person might benefit from such
services. Good cause must be found to exist when a person's physical
or mental condition, as determined by the department, prevents the
person from participating in vocational rehabilitation services, or
when vocational rehabilitation services are not available to the person
in the county of his or her residence.
(b)(i) Persons who initially apply and are found eligible for
disability lifeline benefits based upon incapacity from gainful
employment under (a) of this subsection on or after September 2, 2010,
who are homeless and have been assessed as needing chemical dependency
or mental health treatment or both, must agree, as a condition of
eligibility for the disability lifeline program, to accept a housing
voucher in lieu of a cash grant if a voucher is available. The
department shall establish the dollar value of the housing voucher.
The dollar value of the housing voucher may differ from the value of
the cash grant. Persons receiving a housing voucher under this
subsection also shall receive a cash stipend of fifty dollars per
month.
(ii) If the department of commerce has determined under section 8
of this act that sufficient housing is not available, persons described
in this subsection who apply for disability lifeline benefits during
the time period that housing is not available shall receive a cash
grant in lieu of a cash stipend and housing voucher.
(iii) Persons who refuse to accept a housing voucher under this
subsection but otherwise meet the eligibility requirements of (a) of
this subsection are eligible for medical care services benefits under
RCW 74.09.035, subject to the time limits in (h) of this subsection.
(c) The following persons are not eligible for the disability
lifeline program:
(i) Persons who are unemployable due primarily to alcohol or drug
addiction. These persons shall be referred to appropriate assessment,
treatment, shelter, or supplemental security income referral services
as authorized under chapter 74.50 RCW. Referrals shall be made at the
time of application or at the time of eligibility review. This
subsection shall not be construed to prohibit the department from
granting disability lifeline benefits to alcoholics and drug addicts
who are incapacitated due to other physical or mental conditions that
meet the eligibility criteria for the disability lifeline program;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause.
(d) Disability lifeline benefits shall be provided only to persons
who are not members of assistance units receiving federal aid
assistance, except as provided in (a) of this subsection, and who will
accept available services that can reasonably be expected to enable the
person to work or reduce the need for assistance unless there is good
cause to refuse. Failure to accept such services shall result in
termination until the person agrees to cooperate in accepting such
services and subject to the following maximum periods of ineligibility
after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(e) Persons who are likely eligible for federal supplemental
security income benefits shall be moved into the disability lifeline
expedited component of the disability lifeline program. Persons placed
in the expedited component of the program may, if otherwise eligible,
receive disability lifeline benefits pending application for federal
supplemental security income benefits. The monetary value of any
disability lifeline benefit that is subsequently duplicated by the
person's receipt of supplemental security income for the same period
shall be considered a debt due the state and shall by operation of law
be subject to recovery through all available legal remedies.
(f) For purposes of determining whether a person is incapacitated
from gainful employment under (a) of this subsection:
(i) The department shall adopt by rule medical criteria for
disability lifeline incapacity determinations to ensure that
eligibility decisions are consistent with statutory requirements and
are based on clear, objective medical information; and
(ii) The process implementing the medical criteria shall involve
consideration of opinions of the treating or consulting physicians or
health care professionals regarding incapacity, and any eligibility
decision which rejects uncontroverted medical opinion must set forth
clear and convincing reasons for doing so.
(g) Persons receiving disability lifeline benefits based upon a
finding of incapacity from gainful employment who remain otherwise
eligible shall have their benefits discontinued unless the recipient
demonstrates no material improvement in their medical or mental health
condition. The department may discontinue benefits when there was
specific error in the prior determination that found the person
eligible by reason of incapacitation.
(h)(i) Beginning September 1, 2010, no person who is currently
receiving or becomes eligible for disability lifeline program benefits
shall be eligible to receive benefits under the program for more than
twenty-four months in a sixty-month period. For purposes of this
subsection, months of receipt of general assistance-unemployable
benefits count toward the twenty-four month limit. Months during which
a person received benefits under the expedited component of the
disability lifeline or general assistance program or under the aged,
blind, or disabled component of the disability lifeline or general
assistance program shall not be included when determining whether a
person has been receiving benefits for more than twenty-four months.
On or before July 1, 2010, the department must review the cases of all
persons who have received disability lifeline benefits or general
assistance unemployable benefits for at least twenty months as of that
date. On or before September 1, 2010, the department must review the
cases of all remaining persons who have received disability lifeline
benefits for at least twelve months as of that date. The review should
determine whether the person meets the federal supplemental security
income disability standard and, if the person does not meet that
standard, whether the receipt of additional services could lead to
employability. If a need for additional services is identified, the
department shall provide case management services, such as assistance
with arranging transportation or locating stable housing, that will
facilitate the person's access to needed services. A person may not be
determined ineligible due to exceeding the time limit unless he or she
has received a case review under this subsection finding that the
person does not meet the federal supplemental security income
disability standard.
(ii) The time limits established under this subsection expire June
30, 2013.
(i) No person may be considered an eligible individual for
disability lifeline benefits with respect to any month if during that
month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(ii) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(6) "Disability lifeline expedited" means a component of the
disability lifeline program under which persons receiving disability
lifeline benefits have been determined, after examination by an
appropriate health care provider, to be likely to be eligible for
federal supplemental security income benefits based on medical and
behavioral health evidence that meets the disability standards used for
the federal supplemental security income program.
(7) "Federal aid assistance" -- The specific categories of assistance
for which provision is made in any federal law existing or hereafter
passed by which payments are made from the federal government to the
state in aid or in respect to payment by the state for public
assistance rendered to any category of needy persons for which
provision for federal funds or aid may from time to time be made, or a
federally administered needs-based program.
(((6)(a) "General assistance" -- Aid to persons in need who:)) (8) "Applicant" -- Any person who has made a request, or on
behalf of whom a request has been made, to any county or local office
for assistance.
(i) Are not eligible to receive federal-aid assistance, other than
food stamps or food stamp benefits transferred electronically and
medical assistance; however, an individual who refuses or fails to
cooperate in obtaining federal-aid assistance, without good cause, is
not eligible for general assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the current income
and resource requirements of the federal temporary assistance for needy
families program; or
(B) Subject to chapter 165, Laws of 1992, incapacitated from
gainful employment by reason of bodily or mental infirmity that will
likely continue for a minimum of ninety days as determined by the
department.
(C) Persons who are unemployable due to alcohol or drug addiction
are not eligible for general assistance. Persons receiving general
assistance on July 26, 1987, or becoming eligible for such assistance
thereafter, due to an alcohol or drug-related incapacity, shall be
referred to appropriate assessment, treatment, shelter, or supplemental
security income referral services as authorized under chapter 74.50
RCW. Referrals shall be made at the time of application or at the time
of eligibility review. Alcoholic and drug addicted clients who are
receiving general assistance on July 26, 1987, may remain on general
assistance if they otherwise retain their eligibility until they are
assessed for services under chapter 74.50 RCW. Subsection
(6)(a)(ii)(B) of this section shall not be construed to prohibit the
department from granting general assistance benefits to alcoholics and
drug addicts who are incapacitated due to other physical or mental
conditions that meet the eligibility criteria for the general
assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law; and
(iv) Have furnished the department their social security account
number. If the social security account number cannot be furnished
because it has not been issued or is not known, an application for a
number shall be made prior to authorization of assistance, and the
social security number shall be provided to the department upon
receipt.
(b) Notwithstanding the provisions of subsection (6)(a)(i), (ii),
and (c) of this section, general assistance shall be provided to the
following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose need, as
defined in this section, is not met by such supplemental security
income grant because of separation from a spouse; or
(ii) To the extent authorized by the legislature in the biennial
appropriations act, to recipients of temporary assistance for needy
families whose needs are not being met because of a temporary reduction
in monthly income below the entitled benefit payment level caused by
loss or reduction of wages or unemployment compensation benefits or
some other unforeseen circumstances. The amount of general assistance
authorized shall not exceed the difference between the entitled benefit
payment level and the amount of income actually received.
(c) General assistance shall be provided only to persons who are
not members of assistance units receiving federal aid assistance,
except as provided in subsection (6)(a)(ii)(A) and (b) of this section,
and will accept available services which can reasonably be expected to
enable the person to work or reduce the need for assistance unless
there is good cause to refuse. Failure to accept such services shall
result in termination until the person agrees to cooperate in accepting
such services and subject to the following maximum periods of
ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(d) Persons found eligible for general assistance based on
incapacity from gainful employment may, if otherwise eligible, receive
general assistance pending application for federal supplemental
security income benefits. Any general assistance that is subsequently
duplicated by the person's receipt of supplemental security income for
the same period shall be considered a debt due the state and shall by
operation of law be subject to recovery through all available legal
remedies.
(e) The department shall adopt by rule medical criteria for general
assistance eligibility to ensure that eligibility decisions are
consistent with statutory requirements and are based on clear,
objective medical information.
(f) The process implementing the medical criteria shall involve
consideration of opinions of the treating or consulting physicians or
health care professionals regarding incapacity, and any eligibility
decision which rejects uncontroverted medical opinion must set forth
clear and convincing reasons for doing so.
(g) Recipients of general assistance based upon a finding of
incapacity from gainful employment who remain otherwise eligible shall
have their benefits discontinued unless the recipient demonstrates no
material improvement in their medical or mental condition. The
department may discontinue benefits when there was specific error in
the prior determination that found the recipient eligible by reason of
incapacitation. Recipients of general assistance based upon pregnancy
who relinquish their child for adoption, remain otherwise eligible, and
are not eligible to receive benefits under the federal temporary
assistance for needy families program shall not have their benefits
terminated until the end of the month in which the period of six weeks
following the birth of the recipient's child falls. Recipients of the
federal temporary assistance for needy families program who lose their
eligibility solely because of the birth and relinquishment of the
qualifying child may receive general assistance through the end of the
month in which the period of six weeks following the birth of the child
falls.
(h) No person may be considered an eligible individual for general
assistance with respect to any month if during that month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(ii) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(7)
(((8))) (9) "Recipient" -- Any person receiving assistance and in
addition those dependents whose needs are included in the recipient's
assistance.
(((9))) (10) "Standards of assistance" -- The level of income
required by an applicant or recipient to maintain a level of living
specified by the department.
(((10))) (11) "Resource" -- Any asset, tangible or intangible, owned
by or available to the applicant at the time of application, which can
be applied toward meeting the applicant's need, either directly or by
conversion into money or its equivalent. The department may by rule
designate resources that an applicant may retain and not be ineligible
for public assistance because of such resources. Exempt resources
shall include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is
living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) A motor vehicle, other than a motor home, used and useful
having an equity value not to exceed five thousand dollars;
(d) A motor vehicle necessary to transport a ((physically
disabled)) household member with a physical disability. This exclusion
is limited to one vehicle per ((physically disabled)) person with a
physical disability;
(e) All other resources, including any excess of values exempted,
not to exceed one thousand dollars or other limit as set by the
department, to be consistent with limitations on resources and
exemptions necessary for federal aid assistance. The department shall
also allow recipients of temporary assistance for needy families to
exempt savings accounts with combined balances of up to an additional
three thousand dollars;
(f) Applicants for or recipients of ((general assistance))
disability lifeline benefits shall have their eligibility based on
resource limitations consistent with the temporary assistance for needy
families program rules adopted by the department; and
(g) If an applicant for or recipient of public assistance possesses
property and belongings in excess of the ceiling value, such value
shall be used in determining the need of the applicant or recipient,
except that: (i) The department may exempt resources or income when
the income and resources are determined necessary to the applicant's or
recipient's restoration to independence, to decrease the need for
public assistance, or to aid in rehabilitating the applicant or
recipient or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to exceed nine
months from the date the agreement is signed pursuant to this section
to persons who are otherwise ineligible because of excess real property
owned by such persons when they are making a good faith effort to
dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the
lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith
efforts to sell the property, the entire amount of assistance may
become an overpayment and a debt due the state and may be recovered
pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair
hearing and afforded the opportunity to challenge a decision that good
faith efforts to sell have ceased, prior to assessment of an
overpayment under this section; and
(D) At the time assistance is authorized, the department files a
lien without a sum certain on the specific property.
(((11))) (12) "Income" -- (a) All appreciable gains in real or
personal property (cash or kind) or other assets, which are received by
or become available for use and enjoyment by an applicant or recipient
during the month of application or after applying for or receiving
public assistance. The department may by rule and regulation exempt
income received by an applicant for or recipient of public assistance
which can be used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise provided in
this title, exceed the exemptions of resources granted under this
chapter to an applicant for public assistance. In addition, for cash
assistance the department may disregard income pursuant to RCW
74.08A.230 and 74.12.350.
(b) If, under applicable federal requirements, the state has the
option of considering property in the form of lump sum compensatory
awards or related settlements received by an applicant or recipient as
income or as a resource, the department shall consider such property to
be a resource.
(((12))) (13) "Need" -- The difference between the applicant's or
recipient's standards of assistance for himself or herself and the
dependent members of his or her family, as measured by the standards of
the department, and value of all nonexempt resources and nonexempt
income received by or available to the applicant or recipient and the
dependent members of his or her family.
(((13))) (14) For purposes of determining eligibility for public
assistance and participation levels in the cost of medical care, the
department shall exempt restitution payments made to people of Japanese
and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the
Aleutian and Pribilof Island Restitution Act passed by congress, P.L.
100-383, including all income and resources derived therefrom.
(((14))) (15) In the construction of words and phrases used in this
title, the singular number shall include the plural, the masculine
gender shall include both the feminine and neuter genders and the
present tense shall include the past and future tenses, unless the
context thereof shall clearly indicate to the contrary.
NEW SECTION. Sec. 5 A new section is added to chapter 74.04 RCW
to read as follows:
(2) After January 1, 2011, all persons receiving disability
lifeline benefits shall be assessed to determine whether they would
likely benefit from a program offered by the division of vocational
rehabilitation. If the assessment indicates that the person might
benefit, the economic services administration shall make a referral to
the division of vocational rehabilitation. If the person is found
eligible for a program with the division of vocational rehabilitation,
he or she must participate in that program to remain eligible for the
monthly stipend and housing voucher or a cash grant. If the person
refuses to participate or does not complete the program, the department
shall terminate the cash stipend and housing voucher or cash grant but
may not terminate medical coverage and food benefits.
NEW SECTION. Sec. 6 A new section is added to chapter 74.04 RCW
to read as follows:
NEW
SECTION. Sec. 7 A new section is added to chapter 74.04 RCW
to read as follows:
(a) The entities with whom the department contracts to provide the
program shall be responsible for:
(i) Systematically screening persons receiving disability lifeline
benefits at the point of eligibility determination or shortly
thereafter to determine if the persons should be referred for medical
or behavioral health evaluations to determine whether they are likely
eligible for supplemental security income;
(ii) Immediately sharing the results of the disability screening
with the department;
(iii) Managing disability lifeline incapacity evaluation
examinations to provide timely access to needed medical and behavioral
health evaluations and standardizing health care providers' conduct of
incapacity evaluations. To maximize the timeliness and efficiency of
incapacity evaluation examinations, the department must strongly
consider contracting with a managed health care system with a network
of health care providers that are trained and have agreed to conduct
disability lifeline medical and psychological incapacity and
recertification exams. The department may obtain medical evidence and
other relevant information from sources other than the contracted
entity if such evidence is available at the time of a person's
application for disability lifeline benefits and is sufficient to
support a determination that the person is incapacitated;
(iv) Maintaining a centralized appointment and clinical data
system; and
(v) Assisting persons receiving disability lifeline benefits with
obtaining additional medical or behavioral health examinations needed
to meet the disability standard for federal supplemental security
income benefits and with submission of applications for supplemental
security income benefits.
(b) The department shall be responsible for:
(i) Determining incapacity and eligibility for disability lifeline
benefits;
(ii) Making timely determinations that a person receiving
disability lifeline benefits is likely eligible for supplemental
security income based on medical evidence and other relevant
information provided by a contracted entity, and immediately referring
such persons to a contracted entity for services;
(iii) Developing standardized procedures for sharing data and
information with the contracted entities to ensure timely
identification of clients who have not been transferred to the
disability lifeline expedited program within four months of their date
of application, but who may, upon further review, be appropriately
transferred to that program;
(iv) Providing case management, in partnership with the managed
health care system or contracted entity, to support persons' transition
to federal supplemental security income and medicaid benefits; and
(v) Identifying a savings determination methodology, in
consultation with the contracted entities, the office of financial
management, and the legislature, on or before implementation of the
project.
(2) Early supplemental security income transition project contracts
shall include the following performance goals:
(a) Persons receiving disability lifeline benefits should be
screened within thirty days of entering the program to determine the
propriety of their transfer to the disability lifeline expedited
program; and
(b) Seventy-five percent of persons receiving disability lifeline
benefits that appear likely to qualify for supplemental security income
benefits shall be transferred to the disability lifeline expedited
program within four months of their application for disability lifeline
benefits.
(3) The initial focus of the efforts of the early supplemental
security income transition project shall be on persons who have been
receiving disability lifeline or general assistance unemployable
benefits for twelve or more months as of September 1, 2010.
(4) No later than December 1, 2011, the department shall report to
the governor and appropriate policy and fiscal committees on whether
the early supplemental security income transition project performance
goals in subsection (2) of this section were met, including the reasons
those goals were or were not met.
(5) Pursuant to RCW 41.06.142(3), performance-based contracting
under this section is expressly mandated by the legislature and is not
subject to the processes set forth in RCW 41.06.142 (1), (4), and (5).
The statewide expansion of the program under this section shall be
considered expressly mandated by the legislature and not be subject to
the provisions of RCW 41.06.142 (1), (4), and (5).
NEW SECTION. Sec. 8 A new section is added to chapter 43.330 RCW
to read as follows:
(a) Identify the current supply of private and public housing
including acquisition and rental of existing housing stock;
(b) Develop funding strategies for the development of housing
resources; and
(c) Design the voucher program to maximize the ability of the
department of social and health services to recover federal funding.
(2) If the department of commerce determines that the housing
supply is inadequate to meet the need for those applicants qualifying
for housing vouchers under RCW 74.04.005(5)(b), those applicants shall
instead receive a cash grant administered by the department of social
and health services. Upon the department of commerce's determination
that the housing supply is adequate to meet the needs of the applicants
in RCW 74.04.005(5)(b), housing vouchers rather than cash grants shall
be issued to these applicants who apply on or after the department's
determination.
(3) The department of commerce and the department of social and
health services shall evaluate the impact of the use of housing
vouchers under this section and report to the governor and relevant
policy and fiscal committees of the legislature by November 30, 2012,
on the following items:
(a) The supply, affordability, appropriateness, and use of stable
housing;
(b) The following outcomes for persons receiving disability
lifeline housing vouchers:
(i) Participation in and completion of chemical dependency or
mental health treatment;
(ii) Contact with law enforcement, including arrest and conviction
data;
(iii) Use of emergency room services; and
(iv) Involuntary commitment under chapter 71.05 RCW.
*NEW SECTION. Sec. 9 A new section is added to chapter 70.47 RCW
to read as follows:
*Sec. 9 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 10 A new section is added to chapter 70.96A
RCW to read as follows:
NEW SECTION. Sec. 11 A new section is added to chapter 74.04 RCW
to read as follows:
By December 1, 2012, the Washington state institute for public
policy shall submit a report to the governor and the relevant policy
and fiscal committees of the legislature that:
(1) Analyzes the experience of persons who have been terminated
from disability lifeline benefits pursuant to RCW 74.04.005(5). The
report shall include at least the following information:
(a) The number of persons terminated from the program who
transition to supplemental security income benefits;
(b) The number of persons who become employed;
(c) The rate at which the affected persons use hospital emergency
room services;
(d) The number of persons involuntarily committed under chapter
71.05 RCW;
(e) The number of persons arrested or convicted of criminal
offenses; and
(f) The mortality rate of the affected persons; and
(2) Reports as to whether the case review standards and early
supplemental security income transition project performance goals in
RCW 74.04.005(5) have been met by the department.
Sec. 12 RCW 10.101.010 and 1998 c 79 s 2 are each amended to read
as follows:
The following definitions shall be applied in connection with this
chapter:
(1) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, ((general assistance))
disability lifeline benefits, poverty-related veterans' benefits, food
stamps or food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty
level; or
(d) Unable to pay the anticipated cost of counsel for the matter
before the court because his or her available funds are insufficient to
pay any amount for the retention of counsel.
(2) "Indigent and able to contribute" means a person who, at any
stage of a court proceeding, is unable to pay the anticipated cost of
counsel for the matter before the court because his or her available
funds are less than the anticipated cost of counsel but sufficient for
the person to pay a portion of that cost.
(3) "Anticipated cost of counsel" means the cost of retaining
private counsel for representation on the matter before the court.
(4) "Available funds" means liquid assets and disposable net
monthly income calculated after provision is made for bail obligations.
For the purpose of determining available funds, the following
definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank accounts,
stocks, bonds, certificates of deposit, equity in real estate, and
equity in motor vehicles. A motor vehicle necessary to maintain
employment and having a market value not greater than three thousand
dollars shall not be considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends, and other
earnings which are reportable for federal income tax purposes, and cash
payments such as reimbursements received from pensions, annuities,
social security, and public assistance programs. It includes any
contribution received from any family member or other person who is
domiciled in the same residence as the defendant and who is helping to
defray the defendant's basic living costs.
(c) "Disposable net monthly income" means the income remaining each
month after deducting federal, state, or local income taxes, social
security taxes, contributory retirement, union dues, and basic living
costs.
(d) "Basic living costs" means the average monthly amount spent by
the defendant for reasonable payments toward living costs, such as
shelter, food, utilities, health care, transportation, clothing, loan
payments, support payments, and court-imposed obligations.
Sec. 13 RCW 13.34.030 and 2009 c 520 s 21 and 2009 c 397 s 1 are
each reenacted and amended to read as follows:
For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or other
custodian has expressed, either by statement or conduct, an intent to
forego, for an extended period, parental rights or responsibilities
despite an ability to exercise such rights and responsibilities. If
the court finds that the petitioner has exercised due diligence in
attempting to locate the parent, no contact between the child and the
child's parent, guardian, or other custodian for a period of three
months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under the age of
eighteen years.
(3) "Current placement episode" means the period of time that
begins with the most recent date that the child was removed from the
home of the parent, guardian, or legal custodian for purposes of
placement in out-of-home care and continues until: (a) The child
returns home; (b) an adoption decree, a permanent custody order, or
guardianship order is entered; or (c) the dependency is dismissed,
whichever occurs first.
(4) "Department" means the department of social and health
services.
(5) "Dependency guardian" means the person, nonprofit corporation,
or Indian tribe appointed by the court pursuant to this chapter for the
limited purpose of assisting the court in the supervision of the
dependency.
(6) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW by a
person legally responsible for the care of the child; or
(c) Has no parent, guardian, or custodian capable of adequately
caring for the child, such that the child is in circumstances which
constitute a danger of substantial damage to the child's psychological
or physical development.
(7) "Developmental disability" means a disability attributable to
mental retardation, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary
to be closely related to mental retardation or to require treatment
similar to that required for individuals with mental retardation, which
disability originates before the individual attains age eighteen, which
has continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual.
(8) "Guardian" means the person or agency that: (a) Has been
appointed as the guardian of a child in a legal proceeding other than
a proceeding under this chapter; and (b) has the legal right to custody
of the child pursuant to such appointment. The term "guardian" shall
not include a "dependency guardian" appointed pursuant to a proceeding
under this chapter.
(9) "Guardian ad litem" means a person, appointed by the court to
represent the best interests of a child in a proceeding under this
chapter, or in any matter which may be consolidated with a proceeding
under this chapter. A "court-appointed special advocate" appointed by
the court to be the guardian ad litem for the child, or to perform
substantially the same duties and functions as a guardian ad litem,
shall be deemed to be guardian ad litem for all purposes and uses of
this chapter.
(10) "Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the
county in which such proceeding is filed, to manage all aspects of
volunteer guardian ad litem representation for children alleged or
found to be dependent. Such management shall include but is not
limited to: Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(11) "Housing assistance" means appropriate referrals by the
department or other supervising agencies to federal, state, local, or
private agencies or organizations, assistance with forms, applications,
or financial subsidies or other monetary assistance for housing. For
purposes of this chapter, "housing assistance" is not a remedial
service or time-limited family reunification service as described in
RCW 13.34.025(2).
(12) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, ((general assistance))
disability lifeline benefits, poverty-related veterans' benefits, food
stamps or food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter
before the court because his or her available funds are insufficient to
pay any amount for the retention of counsel.
(13) "Out-of-home care" means placement in a foster family home or
group care facility licensed pursuant to chapter 74.15 RCW or placement
in a home, other than that of the child's parent, guardian, or legal
custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(14) "Preventive services" means preservation services, as defined
in chapter 74.14C RCW, and other reasonably available services,
including housing assistance, capable of preventing the need for out-of-home placement while protecting the child.
(15) "Shelter care" means temporary physical care in a facility
licensed pursuant to RCW 74.15.030 or in a home not required to be
licensed pursuant to RCW 74.15.030.
(16) "Sibling" means a child's birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister, or as
defined by the law or custom of the Indian child's tribe for an Indian
child as defined in 25 U.S.C. Sec. 1903(4).
(17) "Social study" means a written evaluation of matters relevant
to the disposition of the case and shall contain the following
information:
(a) A statement of the specific harm or harms to the child that
intervention is designed to alleviate;
(b) A description of the specific services and activities, for both
the parents and child, that are needed in order to prevent serious harm
to the child; the reasons why such services and activities are likely
to be useful; the availability of any proposed services; and the
agency's overall plan for ensuring that the services will be delivered.
The description shall identify the services chosen and approved by the
parent;
(c) If removal is recommended, a full description of the reasons
why the child cannot be protected adequately in the home, including a
description of any previous efforts to work with the parents and the
child in the home; the in-home treatment programs that have been
considered and rejected; the preventive services, including housing
assistance, that have been offered or provided and have failed to
prevent the need for out-of-home placement, unless the health, safety,
and welfare of the child cannot be protected adequately in the home;
and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a
result of removal;
(e) A description of the steps that will be taken to minimize the
harm to the child that may result if separation occurs including an
assessment of the child's relationship and emotional bond with any
siblings, and the agency's plan to provide ongoing contact between the
child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination that
supervision of the family or placement is no longer necessary.
(18) "Supervising agency" means an agency licensed by the state
under RCW 74.15.090 or an Indian tribe under RCW 74.15.190 with whom
the department has entered into a performance-based contract to provide
child welfare services as defined in RCW 74.13.020.
Sec. 14 RCW 26.19.071 and 2009 c 84 s 3 are each amended to read
as follows:
(1) Consideration of all income. All income and resources of each
parent's household shall be disclosed and considered by the court when
the court determines the child support obligation of each parent. Only
the income of the parents of the children whose support is at issue
shall be calculated for purposes of calculating the basic support
obligation. Income and resources of any other person shall not be
included in calculating the basic support obligation.
(2) Verification of income. Tax returns for the preceding two
years and current paystubs shall be provided to verify income and
deductions. Other sufficient verification shall be required for income
and deductions which do not appear on tax returns or paystubs.
(3) Income sources included in gross monthly income. Except as
specifically excluded in subsection (4) of this section, monthly gross
income shall include income from any source, including:
(a) Salaries;
(b) Wages;
(c) Commissions;
(d) Deferred compensation;
(e) Overtime, except as excluded for income in subsection (4)(h) of
this section;
(f) Contract-related benefits;
(g) Income from second jobs, except as excluded for income in
subsection (4)(h) of this section;
(h) Dividends;
(i) Interest;
(j) Trust income;
(k) Severance pay;
(l) Annuities;
(m) Capital gains;
(n) Pension retirement benefits;
(o) Workers' compensation;
(p) Unemployment benefits;
(q) Maintenance actually received;
(r) Bonuses;
(s) Social security benefits;
(t) Disability insurance benefits; and
(u) Income from self-employment, rent, royalties, contracts,
proprietorship of a business, or joint ownership of a partnership or
closely held corporation.
(4) Income sources excluded from gross monthly income. The
following income and resources shall be disclosed but shall not be
included in gross income:
(a) Income of a new spouse or new domestic partner or income of
other adults in the household;
(b) Child support received from other relationships;
(c) Gifts and prizes;
(d) Temporary assistance for needy families;
(e) Supplemental security income;
(f) ((General assistance)) Disability lifeline benefits;
(g) Food stamps; and
(h) Overtime or income from second jobs beyond forty hours per week
averaged over a twelve-month period worked to provide for a current
family's needs, to retire past relationship debts, or to retire child
support debt, when the court finds the income will cease when the party
has paid off his or her debts.
Receipt of income and resources from temporary assistance for needy
families, supplemental security income, ((general assistance))
disability lifeline benefits, and food stamps shall not be a reason to
deviate from the standard calculation.
(5) Determination of net income. The following expenses shall be
disclosed and deducted from gross monthly income to calculate net
monthly income:
(a) Federal and state income taxes;
(b) Federal insurance contributions act deductions;
(c) Mandatory pension plan payments;
(d) Mandatory union or professional dues;
(e) State industrial insurance premiums;
(f) Court-ordered maintenance to the extent actually paid;
(g) Up to five thousand dollars per year in voluntary retirement
contributions actually made if the contributions show a pattern of
contributions during the one-year period preceding the action
establishing the child support order unless there is a determination
that the contributions were made for the purpose of reducing child
support; and
(h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business
expense deduction about which there is disagreement.
Items deducted from gross income under this subsection shall not be
a reason to deviate from the standard calculation.
(6) Imputation of income. The court shall impute income to a
parent when the parent is voluntarily unemployed or voluntarily
underemployed. The court shall determine whether the parent is
voluntarily underemployed or voluntarily unemployed based upon that
parent's work history, education, health, and age, or any other
relevant factors. A court shall not impute income to a parent who is
gainfully employed on a full-time basis, unless the court finds that
the parent is voluntarily underemployed and finds that the parent is
purposely underemployed to reduce the parent's child support
obligation. Income shall not be imputed for an unemployable parent.
Income shall not be imputed to a parent to the extent the parent is
unemployed or significantly underemployed due to the parent's efforts
to comply with court-ordered reunification efforts under chapter 13.34
RCW or under a voluntary placement agreement with an agency supervising
the child. In the absence of records of a parent's actual earnings,
the court shall impute a parent's income in the following order of
priority:
(a) Full-time earnings at the current rate of pay;
(b) Full-time earnings at the historical rate of pay based on
reliable information, such as employment security department data;
(c) Full-time earnings at a past rate of pay where information is
incomplete or sporadic;
(d) Full-time earnings at minimum wage in the jurisdiction where
the parent resides if the parent has a recent history of minimum wage
earnings, is recently coming off public assistance, ((general
assistance-unemployable)) disability lifeline benefits, supplemental
security income, or disability, has recently been released from
incarceration, or is a high school student;
(e) Median net monthly income of year-round full-time workers as
derived from the United States bureau of census, current population
reports, or such replacement report as published by the bureau of
census.
Sec. 15 RCW 31.04.540 and 2009 c 149 s 8 are each amended to read
as follows:
(1) To the extent that implementation of this section does not
conflict with federal law resulting in the loss of federal funding,
proprietary reverse mortgage loan advances made to a borrower must be
treated as proceeds from a loan and not as income for the purpose of
determining eligibility and benefits under means-tested programs of aid
to individuals.
(2) Undisbursed reverse mortgage funds must be treated as equity in
the borrower's home and not as proceeds from a loan, resources, or
assets for the purpose of determining eligibility and benefits under
means-tested programs of aid to individuals.
(3) This section applies to any law or program relating to
payments, allowances, benefits, or services provided on a means-tested
basis by this state including, but not limited to, optional state
supplements to the federal supplemental security income program, low-income energy assistance, property tax relief, ((general assistance))
disability lifeline benefits, and medical assistance only to the extent
this section does not conflict with Title 19 of the federal social
security act.
Sec. 16 RCW 70.123.110 and 1997 c 59 s 9 are each amended to read
as follows:
((General assistance)) Disability lifeline benefits or temporary
assistance for needy families payments shall be made to otherwise
eligible individuals who are residing in a secure shelter, a housing
network or other shelter facility which provides shelter services to
persons who are victims of domestic violence. Provisions shall be made
by the department for the confidentiality of the shelter addresses
where victims are residing.
Sec. 17 RCW 73.08.005 and 2009 c 35 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Direct costs" includes those allowable costs that can be
readily assigned to the statutory objectives of this chapter,
consistent with the cost principles promulgated by the federal office
of management and budget in circular No. A-87, dated May 10, 2004.
(2) "Family" means the spouse or domestic partner, surviving
spouse, surviving domestic partner, and dependent children of a living
or deceased veteran.
(3) "Indigent" means a person who is defined as such by the county
legislative authority using one or more of the following definitions:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, ((general assistance))
disability lifeline benefits, poverty-related veterans' benefits, food
stamps or food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security income;
(b) Receiving an annual income, after taxes, of up to one hundred
fifty percent or less of the current federally established poverty
level, or receiving an annual income not exceeding a higher qualifying
income established by the county legislative authority; or
(c) Unable to pay reasonable costs for shelter, food, utilities,
and transportation because his or her available funds are insufficient.
(4) "Indirect costs" includes those allowable costs that are
generally associated with carrying out the statutory objectives of this
chapter, but the identification and tracking of those costs cannot be
readily assigned to a specific statutory objective without an
accounting effort that is disproportionate to the benefit received. A
county legislative authority may allocate allowable indirect costs to
its veterans' assistance fund if it is accomplished in a manner
consistent with the cost principles promulgated by the federal office
of management and budget in circular No. A-87, dated May 10, 2004.
(5) "Veteran" has the same meaning as defined in RCW 41.04.005 and
41.04.007, and includes a current member of the national guard or armed
forces reserves who has been deployed to serve in an armed conflict.
(6) "Veterans' advisory board" means a board established by a
county legislative authority under the authority of RCW 73.08.035.
(7) "Veterans' assistance fund" means an account in the custody of
the county auditor, or the chief financial officer in a county
operating under a charter, that is funded by taxes levied under the
authority of RCW 73.08.080.
(8) "Veterans' assistance program" means a program approved by the
county legislative authority under the authority of RCW 73.08.010 that
is fully or partially funded by the veterans' assistance fund
authorized by RCW 73.08.080.
Sec. 18 RCW 74.04.0052 and 1997 c 58 s 502 are each amended to
read as follows:
(1) The department shall determine, after consideration of all
relevant factors and in consultation with the applicant, the most
appropriate living situation for applicants under eighteen years of
age, unmarried, and pregnant who are eligible for ((general assistance
as defined in RCW 74.04.005(6)(a)(ii)(A))) disability lifeline
benefits. An appropriate living situation shall include a place of
residence that is maintained by the applicant's parents, parent, legal
guardian, or other adult relative as their or his or her own home and
that the department finds would provide an appropriate supportive
living arrangement. It also includes a living situation maintained by
an agency that is licensed under chapter 74.15 RCW that the department
finds would provide an appropriate supportive living arrangement.
Grant assistance shall not be provided under this chapter if the
applicant does not reside in the most appropriate living situation, as
determined by the department.
(2) A pregnant minor residing in the most appropriate living
situation, as provided under subsection (1) of this section, is
presumed to be unable to manage adequately the funds paid to the minor
or on behalf of the dependent child or children and, unless the minor
provides sufficient evidence to rebut the presumption, shall be subject
to the protective payee requirements provided for under RCW 74.12.250
and 74.08.280.
(3) The department shall consider any statements or opinions by
either parent of the unmarried minor parent or pregnant minor applicant
as to an appropriate living situation for the minor, whether in the
parental home or other situation. If the parents or a parent of the
minor request, they or he or she shall be entitled to a hearing in
juvenile court regarding designation of the parental home or other
relative placement as the most appropriate living situation for the
pregnant or parenting minor.
The department shall provide the parents or parent with the
opportunity to make a showing that the parental home, or home of the
other relative placement, is the most appropriate living situation. It
shall be presumed in any administrative or judicial proceeding
conducted under this subsection that the parental home or other
relative placement requested by the parents or parent is the most
appropriate living situation. This presumption is rebuttable.
(4) In cases in which the minor is unmarried and unemployed, the
department shall, as part of the determination of the appropriate
living situation, provide information about adoption including referral
to community-based organizations providing counseling.
(5) For the purposes of this section, "most appropriate living
situation" shall not include a living situation including an adult male
who fathered the qualifying child and is found to meet the elements of
rape of a child as set forth in RCW 9A.44.079.
Sec. 19 RCW 74.04.120 and 1979 c 141 s 301 are each amended to
read as follows:
Allocations of state and federal funds shall be made upon the basis
of need within the respective counties as disclosed by the quarterly
budgets, considered in conjunction with revenues available for the
satisfaction of that need: PROVIDED, That in preparing his quarterly
budget for federal aid assistance, the administrator shall include the
aggregate of the individual case load approved by the department to
date on the basis of need and the secretary shall approve and allocate
an amount sufficient to service the aggregate case load as included in
said budget, and in the event any portion of the budgeted case load
cannot be serviced with moneys available for the particular category
for which an application is made the committee may on the
administrator's request authorize the transfer of sufficient ((general
assistance)) disability lifeline program funds to the appropriation for
such category to service such case load and secure the benefit of
federal matching funds.
Sec. 20 RCW 74.04.230 and 1982 c 204 s 16 are each amended to
read as follows:
Persons eligible for ((general assistance under RCW 74.04.005))
disability lifeline benefits are eligible for mental health services to
the extent that they meet the client definitions and priorities
established by chapter 71.24 RCW.
Sec. 21 RCW 74.04.266 and 1977 ex.s. c 215 s 1 are each amended
to read as follows:
In determining need for ((general assistance for unemployable
persons as defined in RCW 74.04.005(6)(a))) disability lifeline
benefits, the department may by rule and regulation establish a monthly
earned income exemption in an amount not to exceed the exemption
allowable under disability programs authorized in Title XVI of the
federal social security act.
Sec. 22 RCW 74.04.620 and 1983 1st
ex.s. c 41 s 37 are each
amended to read as follows:
(1) The department is authorized to establish a program of state
supplementation to the national program of supplemental security income
consistent with Public Law 92-603 and Public Law 93-66 to those persons
who are in need thereof in accordance with eligibility requirements
established by the department.
(2) The department is authorized to establish reasonable standards
of assistance and resource and income exemptions specifically for such
program of state supplementation which shall be consistent with the
provisions of the Social Security Act.
(3) The department is authorized to make payments to applicants for
supplemental security income, pursuant to agreements as provided in
Public Law 93-368, who are otherwise eligible for ((general
assistance)) disability lifeline benefits.
(4) Any agreement between the department and a supplemental
security income applicant providing for the reimbursement of interim
assistance to the department shall provide, if the applicant has been
represented by an attorney, that twenty-five percent of the
reimbursement received shall be withheld by the department and all or
such portion thereof as has been approved as a fee by the United States
department of health and human services shall be released directly to
the applicant's attorney. The secretary may maintain such records as
are deemed appropriate to measure the cost and effectiveness of such
agreements and may make recommendations concerning the continued use of
such agreements to the legislature.
Sec. 23 RCW 74.04.770 and 1997 c 59 s 11 are each amended to read
as follows:
The department shall establish consolidated standards of need each
fiscal year which may vary by geographical areas, program, and family
size, for temporary assistance for needy families, refugee assistance,
supplemental security income, and ((general assistance)) disability
lifeline benefits. Standards for temporary assistance for needy
families, refugee assistance, and ((general assistance)) disability
lifeline benefits shall be based on studies of actual living costs and
generally recognized inflation indices and shall include reasonable
allowances for shelter, fuel, food, transportation, clothing, household
maintenance and operations, personal maintenance, and necessary
incidentals. The standard of need may take into account the economies
of joint living arrangements, but unless explicitly required by federal
statute, there shall not be proration of any portion of assistance
grants unless the amount of the grant standard is equal to the standard
of need.
The department is authorized to establish rateable reductions and
grant maximums consistent with federal law.
Payment level will be equal to need or a lesser amount if rateable
reductions or grant maximums are imposed. In no case shall a recipient
of supplemental security income receive a state supplement less than
the minimum required by federal law.
The department may establish a separate standard for shelter
provided at no cost.
Sec. 24 RCW 74.08.043 and 1981 1st ex.s. c 6 s 12 are each
amended to read as follows:
In determining the living requirements of otherwise eligible
applicants and recipients of supplemental security income and ((general
assistance)) disability lifeline benefits, the department is authorized
to consider the need for personal and special care and supervision due
to physical and mental conditions.
Sec. 25 RCW 74.08.278 and 1979 c 141 s 327 are each amended to
read as follows:
In order to comply with federal statutes and regulations pertaining
to federal matching funds and to provide for the prompt payment of
initial grants and adjusting payments of grants the secretary is
authorized to make provisions for the cash payment of assistance by the
secretary or county administrators by the establishment of a central
operating fund. The secretary may establish such a fund with the
approval of the state auditor from moneys appropriated to the
department for the payment of ((general assistance)) disability
lifeline benefits in a sum not to exceed one million dollars. Such
funds shall be deposited as agreed upon by the secretary and the state
auditor in accordance with the laws regulating the deposits of public
funds. Such security shall be required of the depository in connection
with the fund as the state treasurer may prescribe. Moneys remaining
in the fund shall be returned to the general fund at the end of the
biennium, or an accounting of proper expenditures from the fund shall
be made to the state auditor. All expenditures from such central
operating fund shall be reimbursed out of and charged to the proper
program appropriated by the use of such forms and vouchers as are
approved by the secretary of the department and the state auditor.
Expenditures from such fund shall be audited by the director of
financial management and the state auditor from time to time and a
report shall be made by the state auditor and the secretary as are
required by law.
Sec. 26 RCW 74.08.335 and 1997 c 59 s 13 are each amended to read
as follows:
Temporary assistance for needy families and ((general assistance))
disability lifeline benefits shall not be granted to any person who has
made an assignment or transfer of property for the purpose of rendering
himself or herself eligible for the assistance. There is a rebuttable
presumption that a person who has transferred or transfers any real or
personal property or any interest in property within two years of the
date of application for the assistance without receiving adequate
monetary consideration therefor, did so for the purpose of rendering
himself or herself eligible for the assistance. Any person who
transfers property for the purpose of rendering himself or herself
eligible for assistance, or any person who after becoming a recipient
transfers any property or any interest in property without the consent
of the secretary, shall be ineligible for assistance for a period of
time during which the reasonable value of the property so transferred
would have been adequate to meet the person's needs under normal
conditions of living: PROVIDED, That the secretary is hereby
authorized to allow exceptions in cases where undue hardship would
result from a denial of assistance.
Sec. 27 RCW 74.08A.210 and 1997 c 58 s 302 are each amended to
read as follows:
(1) In order to prevent some families from developing dependency on
temporary assistance for needy families, the department shall make
available to qualifying applicants a diversion program designed to
provide brief, emergency assistance for families in crisis whose income
and assets would otherwise qualify them for temporary assistance for
needy families.
(2) Diversion assistance may include cash or vouchers in payment
for the following needs:
(a) Child care;
(b) Housing assistance;
(c) Transportation-related expenses;
(d) Food;
(e) Medical costs for the recipient's immediate family;
(f) Employment-related expenses which are necessary to keep or
obtain paid unsubsidized employment.
(3) Diversion assistance is available once in each twelve-month
period for each adult applicant. Recipients of diversion assistance
are not included in the temporary assistance for needy families
program.
(4) Diversion assistance may not exceed one thousand five hundred
dollars for each instance.
(5) To be eligible for diversion assistance, a family must
otherwise be eligible for temporary assistance for needy families.
(6) Families ineligible for temporary assistance for needy families
or ((general assistance)) disability lifeline benefits due to sanction,
noncompliance, the lump sum income rule, or any other reason are not
eligible for diversion assistance.
(7) Families must provide evidence showing that a bona fide need
exists according to subsection (2) of this section in order to be
eligible for diversion assistance.
An adult applicant may receive diversion assistance of any type no
more than once per twelve-month period. If the recipient of diversion
assistance is placed on the temporary assistance for needy families
program within twelve months of receiving diversion assistance, the
prorated dollar value of the assistance shall be treated as a loan from
the state, and recovered by deduction from the recipient's cash grant.
Sec. 28 RCW 74.09.010 and 2007 c 3 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Children's health program" means the health care services
program provided to children under eighteen years of age and in
households with incomes at or below the federal poverty level as
annually defined by the federal department of health and human services
as adjusted for family size, and who are not otherwise eligible for
medical assistance or the limited casualty program for the medically
needy.
(2) "Committee" means the children's health services committee
created in section 3 of this act.
(3) "County" means the board of county commissioners, county
council, county executive, or tribal jurisdiction, or its designee. A
combination of two or more county authorities or tribal jurisdictions
may enter into joint agreements to fulfill the requirements of RCW
74.09.415 through 74.09.435.
(4) "Department" means the department of social and health
services.
(5) "Department of health" means the Washington state department of
health created pursuant to RCW 43.70.020.
(6) "Internal management" means the administration of medical
assistance, medical care services, the children's health program, and
the limited casualty program.
(7) "Limited casualty program" means the medical care program
provided to medically needy persons as defined under Title XIX of the
federal social security act, and to medically indigent persons who are
without income or resources sufficient to secure necessary medical
services.
(8) "Medical assistance" means the federal aid medical care program
provided to categorically needy persons as defined under Title XIX of
the federal social security act.
(9) "Medical care services" means the limited scope of care
financed by state funds and provided to ((general assistance))
disability lifeline benefits recipients, and recipients of alcohol and
drug addiction services provided under chapter 74.50 RCW.
(10) "Nursing home" means nursing home as defined in RCW 18.51.010.
(11) "Poverty" means the federal poverty level determined annually
by the United States department of health and human services, or
successor agency.
(12) "Secretary" means the secretary of social and health services.
(13) "Full benefit dual eligible beneficiary" means an individual
who, for any month: Has coverage for the month under a medicare
prescription drug plan or medicare advantage plan with part D coverage;
and is determined eligible by the state for full medicaid benefits for
the month under any eligibility category in the state's medicaid plan
or a section 1115 demonstration waiver that provides pharmacy benefits.
Sec. 29 RCW 74.09.035 and 1987 c 406 s 12 are each amended to
read as follows:
(1) To the extent of available funds, medical care services may be
provided to recipients of ((general assistance)) disability lifeline
benefits, persons denied disability lifeline benefits under RCW
74.04.005(5)(b) or section 5 of this act who otherwise meet the
requirements of RCW 74.04.005(5)(a), and recipients of alcohol and drug
addiction services provided under chapter 74.50 RCW, in accordance with
medical eligibility requirements established by the department. To the
extent authorized in the operating budget, upon implementation of a
federal medicaid 1115 waiver providing federal matching funds for
medical care services, these services also may be provided to persons
who have been terminated from disability lifeline benefits under RCW
74.04.005(5)(h).
(2) Determination of the amount, scope, and duration of medical
care services shall be limited to coverage as defined by the
department, except that adult dental, and routine foot care shall not
be included unless there is a specific appropriation for these
services.
(3) The department shall enter into performance-based contracts
with one or more managed health care systems for the provision of
medical care services to recipients of disability lifeline benefits.
The contract must provide for integrated delivery of medical and mental
health services.
(4) The department shall establish standards of assistance and
resource and income exemptions, which may include deductibles and co-insurance provisions. In addition, the department may include a
prohibition against the voluntary assignment of property or cash for
the purpose of qualifying for assistance.
(((4))) (5) Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for the mentally retarded,
as that term is described by federal law, who are eligible for medical
care services shall be provided medical services to the same extent as
provided to those persons eligible under the medical assistance
program.
(((5))) (6) Payments made by the department under this program
shall be the limit of expenditures for medical care services solely
from state funds.
(((6))) (7) Eligibility for medical care services shall commence
with the date of certification for ((general assistance)) disability
lifeline benefits or the date of eligibility for alcohol and drug
addiction services provided under chapter 74.50 RCW.
Sec. 30 RCW 74.09.555 and 2005 c 503 s 12 are each amended to
read as follows:
(1) The department shall adopt rules and policies providing that
when persons with a mental disorder, who were enrolled in medical
assistance immediately prior to confinement, are released from
confinement, their medical assistance coverage will be fully reinstated
on the day of their release, subject to any expedited review of their
continued eligibility for medical assistance coverage that is required
under federal or state law.
(2) The department, in collaboration with the Washington
association of sheriffs and police chiefs, the department of
corrections, and the regional support networks, shall establish
procedures for coordination between department field offices,
institutions for mental disease, and correctional institutions, as
defined in RCW 9.94.049, that result in prompt reinstatement of
eligibility and speedy eligibility determinations for persons who are
likely to be eligible for medical assistance services upon release from
confinement. Procedures developed under this subsection must address:
(a) Mechanisms for receiving medical assistance services
applications on behalf of confined persons in anticipation of their
release from confinement;
(b) Expeditious review of applications filed by or on behalf of
confined persons and, to the extent practicable, completion of the
review before the person is released;
(c) Mechanisms for providing medical assistance services identity
cards to persons eligible for medical assistance services immediately
upon their release from confinement; and
(d) Coordination with the federal social security administration,
through interagency agreements or otherwise, to expedite processing of
applications for federal supplemental security income or social
security disability benefits, including federal acceptance of
applications on behalf of confined persons.
(3) Where medical or psychiatric examinations during a person's
confinement indicate that the person is disabled, the correctional
institution or institution for mental diseases shall provide the
department with that information for purposes of making medical
assistance eligibility and enrollment determinations prior to the
person's release from confinement. The department shall, to the
maximum extent permitted by federal law, use the examination in making
its determination whether the person is disabled and eligible for
medical assistance.
(4) For purposes of this section, "confined" or "confinement" means
incarcerated in a correctional institution, as defined in RCW 9.94.049,
or admitted to an institute for mental disease, as defined in 42 C.F.R.
part 435, Sec. 1009 on July 24, 2005.
(5) For purposes of this section, "likely to be eligible" means
that a person:
(a) Was enrolled in medicaid or supplemental security income or
((general assistance)) the disability lifeline program immediately
before he or she was confined and his or her enrollment was terminated
during his or her confinement; or
(b) Was enrolled in medicaid or supplemental security income or
((general assistance)) the disability lifeline program at any time
during the five years before his or her confinement, and medical or
psychiatric examinations during the person's confinement indicate that
the person continues to be disabled and the disability is likely to
last at least twelve months following release.
(6) The economic services administration shall adopt standardized
statewide screening and application practices and forms designed to
facilitate the application of a confined person who is likely to be
eligible for medicaid.
Sec. 31 RCW 74.50.060 and 1989 1st ex.s.
c 18 s 3 are each
amended to read as follows:
(1) The department shall establish a shelter assistance program to
provide, within available funds, shelter for persons eligible under
this chapter. "Shelter," "shelter support," or "shelter assistance"
means a facility under contract to the department providing room and
board in a supervised living arrangement, normally in a group or
dormitory setting, to eligible recipients under this chapter. This may
include supervised domiciliary facilities operated under the auspices
of public or private agencies. No facility under contract to the
department shall allow the consumption of alcoholic beverages on the
premises. The department may contract with counties and cities for
such shelter services. To the extent possible, the department shall
not displace existing emergency shelter beds for use as shelter under
this chapter. In areas of the state in which it is not feasible to
develop shelters, due to low numbers of people needing shelter
services, or in which sufficient numbers of shelter beds are not
available, the department may provide shelter through an intensive
protective payee program, unless the department grants an exception on
an individual basis for less intense supervision.
(2) Persons continuously eligible for the ((general assistance -- unemployable program)) disability lifeline program since July 25, 1987,
who transfer to the program established by this chapter, have the
option to continue their present living situation, but only through a
protective payee.
NEW SECTION. Sec. 32 A new section is added to chapter 74.08A
RCW to read as follows:
Recipients exempted from active work search activities due to
incapacity or a disability shall receive disability lifeline benefits
as they relate to the facilitation of enrollment in the federal
supplemental security income program, access to chemical dependency
treatment, referrals to vocational rehabilitation, and other services
needed to assist the recipient in becoming employable. Disability
lifeline benefits shall not supplant cash assistance and other services
provided through the temporary assistance for needy families program.
To the greatest extent possible, services shall be funded through the
temporary assistance for needy families appropriations.
NEW
SECTION. Sec. 33 This act shall be known and cited as the
security lifeline act.
NEW SECTION. Sec. 34 Except for section 10 of this act, 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 takes effect immediately.
NEW SECTION. Sec. 35 Section 10 of this act takes effect July 1,
2010.
NEW SECTION. Sec. 36 If private funding sufficient to implement
and operate the portal authorized under section 2 of this act is not
secured by December 31, 2010, section 2 of this act is null and void.
NEW SECTION. Sec. 37 Sections 1 through 10 and 29 of this act
shall be implemented within the amounts appropriated specifically for
these purposes in the omnibus operating appropriations act.