ESHB 2082 -
By Senators Regala, Zarelli
ADOPTED 05/25/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1
(a) Persons who have a long-term disability and apply for federal
supplemental security income benefits should receive assistance while
their application for federal benefits is pending, with repayment from
the federal government of state-funded income assistance paid through
the aged, blind, or disabled assistance program;
(b) Persons who are incapacitated from gainful employment for an
extended period, but who may not meet the level of severity of a long-term disability, are at increased risk of homelessness; and
(c) Persons who are homeless and suffering from significant medical
impairments, mental illness, or chemical dependency face substantial
barriers to successful participation in, and completion of, needed
medical or behavioral health treatment services. Stable housing
increases the likelihood of compliance with and completion of
treatment.
(2) Through this act, the legislature intends to:
(a) Terminate all components of the disability lifeline program
created in 2010 and codified in RCW 74.04.005 and create new programs:
(i) To provide financial grants through the aged, blind, and disabled
assistance program and the pregnant women assistance program; and (ii)
to provide services through the essential needs and housing support
program; and
(b) Increase opportunities to utilize limited public funding,
combined with private charitable and volunteer efforts to serve persons
who are recipients of the benefits provided by the new programs created
under this act.
NEW SECTION. Sec. 2 Effective October 31, 2011, the disability
lifeline program, as defined under chapter 74.04 RCW, is terminated and
all benefits provided under that program shall expire and cease to
exist.
NEW SECTION. Sec. 3 (1)(a) Effective November 1, 2011, the aged,
blind, or disabled assistance program shall provide financial grants to
persons in need who:
(i) Are not eligible to receive federal aid assistance, other than
basic food benefits transferred electronically and medical assistance;
(ii) Meet the eligibility requirements of subsection (3) of this
section; and
(iii) Are aged, blind, or disabled. For purposes of determining
eligibility for assistance for the aged, blind, or disabled assistance
program, the following definitions apply:
(A) "Aged" means age sixty-five or older.
(B) "Blind" means statutorily blind as defined for the purpose of
determining eligibility for the federal supplemental security income
program.
(C) "Disabled" means likely to meet the federal supplemental
security income disability standard. In making this determination, the
department should give full consideration to the cumulative impact of
an applicant's multiple impairments, an applicant's age, and vocational
and educational history.
In determining whether a person is disabled, the department may
rely on the following:
(I) A previous disability determination by the social security
administration or the disability determination service entity within
the department; or
(II) A determination that an individual is eligible to receive
optional categorically needy medicaid as a disabled person under the
federal regulations at 42 C.F.R. Parts 435, Secs. 201(a)(3) and 210.
(b) The following persons are not eligible for the aged, blind, or
disabled assistance program:
(i) Persons who are not able to engage in gainful employment 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 may not be construed to
prohibit the department from granting aged, blind, or disabled
assistance benefits to alcoholics and drug addicts who are
incapacitated due to other physical or mental conditions that meet the
eligibility criteria for the aged, blind, or disabled assistance
program; or
(ii) Persons for whom there has been a final determination of
ineligibility for federal supplemental security income benefits.
(c) Persons may receive aged, blind, or disabled assistance
benefits pending application for federal supplemental security income
benefits. The monetary value of any aged, blind, or disabled
assistance 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.
(2) Effective November 1, 2011, the pregnant women assistance
program shall provide financial grants to persons who:
(a) Are not eligible to receive federal aid assistance other than
basic food benefits or medical assistance; and
(b) Are pregnant and in need, based upon the current income and
resource standards of the federal temporary assistance for needy
families program, but are ineligible for federal temporary assistance
for needy families benefits for a reason other than failure to
cooperate in program requirements; and
(c) Meet the eligibility requirements of subsection (3) of this
section.
(3) To be eligible for the aged, blind, or disabled assistance
program under subsection (1) of this section or the pregnant women
assistance program under subsection (2) of this section, a person must:
(a) Be a citizen or alien lawfully admitted for permanent residence
or otherwise residing in the United States under color of law;
(b) Have furnished the department his or her 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) Not have refused or failed to cooperate in obtaining federal
aid assistance, without good cause.
(4) Effective November 1, 2011, referrals for essential needs and
housing support under section 4 of this act shall be provided to
persons found eligible for medical care services under RCW 74.09.035
who are not recipients of alcohol and addiction services provided under
chapter 74.50 RCW or are not recipients of aged, blind, or disabled
assistance.
(5) No person may be considered an eligible individual for benefits
under this section with respect to any month if during that month the
person:
(a) 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
(b) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(6) The department must review the cases of all persons, except
recipients of alcohol and addiction treatment under chapter 74.50 RCW,
or recipients of aged, blind, or disabled assistance, who have received
medical care services for twelve consecutive months, and at least
annually after the first review, to determine whether they are eligible
for the aged, blind, or disabled assistance program.
NEW SECTION. Sec. 4 A new section is added to chapter 43.185C
RCW to read as follows:
(2) The department shall distribute funds appropriated for the
essential needs and housing support program in the form of grants to
designated essential needs support and housing support entities within
each county. The department shall not distribute any funds until it
approves the expenditure plan submitted by the designated essential
needs support and housing support entities. The amount of funds to be
distributed pursuant to this section shall be designated in the
biennial operating budget. For the sole purpose of meeting the initial
distribution of funds date, the department may distribute partial funds
upon the department's approval of a preliminary expenditure plan. The
department shall not distribute the remaining funds until it has
approved a final expenditure plan.
(3)(a) During the 2011-2013 biennium, in awarding housing support
that is not funded through the contingency fund in this subsection, the
designated housing support entity shall provide housing support to
clients who are homeless persons as defined in RCW 43.185C.010. As
provided in the biennial operating budget for the 2011-2013 biennium,
a contingency fund shall be used solely for those clients who are at
substantial risk of losing stable housing or at substantial risk of
losing one of the other services defined in section 7(6) of this act.
For purposes of this chapter, "substantial risk" means the client has
provided documentation that he or she will lose his or her housing
within the next thirty days or that the services will be discontinued
within the next thirty days.
(b) After July 1, 2013, the designated housing support entity shall
give first priority to clients who are homeless persons as defined in
RCW 43.185C.010 and second priority to clients who would be at
substantial risk of losing stable housing without housing support.
(4) For each county, the department shall designate an essential
needs support entity and a housing support entity that will begin
providing these supports to medical care services program recipients on
November 1, 2011. Essential needs and housing support entities are not
required to provide assistance to every medical care services recipient
that is referred to the local entity or who meets the priority
standards in subsection (3) of this section.
(a) Each designated entity must be a local government or
community-based organization, and may administer the funding for
essential needs support, housing support, or both. Designated entities
have the authority to subcontract with qualified entities. Upon
request, and the approval of the department, two or more counties may
combine resources to more effectively deliver services.
(b) The department's designation process must include a review of
proficiency in managing housing or human services programs when
designating housing support entities.
(c) Within a county, if the department directly awards separate
grants to the designated housing support entity and the designated
essential needs support entity, the department shall determine the
amount allocated for essential needs support as directed in the
biennial operating budget.
(5)(a) Essential needs and housing support entities must use funds
distributed under this section as flexibly as is practicable to provide
essential needs items and housing support to recipients of the
essential needs and housing support program, subject to the
requirements of this section.
(b) Benefits provided under the essential needs and housing support
program shall not be provided to recipients in the form of cash
assistance.
(c) The appropriations by the legislature for the purposes of the
essential needs and housing support program established under this
section shall be based on forecasted program caseloads. The caseload
forecast council shall provide a courtesy forecast of the medical care
services recipient population that is homeless or is included in
reporting under subsection (7)(c)(iii) of this section. The department
may move funds between entities or between counties to reflect actual
caseload changes. In doing so, the department must: (i) Develop a
process for reviewing the caseload of designated essential needs and
housing support entities, and for redistributing grant funds from those
entities experiencing reduced actual caseloads to those with increased
actual caseloads; and (ii) inform all designated entities of the
redistribution process. Savings resulting from program caseload
attrition from the essential needs and housing support program shall
not result in increased per-client expenditures.
(d) Essential needs and housing support entities must partner with
other public and private organizations to maximize the beneficial
impact of funds distributed under this section, and should attempt to
leverage other sources of public and private funds to serve essential
needs and housing support recipients. Funds appropriated in the
operating budget for essential needs and housing support must be used
only to serve persons eligible to receive services under that program.
(6) The department shall use no more than five percent of the funds
for administration of the essential needs and housing support program.
Each essential needs and housing support entity shall use no more than
seven percent of the funds for administrative expenses.
(7) The department shall:
(a) Require housing support entities to enter data into the
homeless client management information system;
(b) Require essential needs support entities to report on services
provided under this section;
(c) In collaboration with the department of social and health
services, submit a report annually to the relevant policy and fiscal
committees of the legislature. A preliminary report shall be submitted
by December 31, 2011, and must include (c)(i), (iii), and (v) of this
subsection. Annual reports must be submitted beginning December 1,
2012, and must include:
(i) A description of the actions the department has taken to
achieve the objectives of this act;
(ii) The amount of funds used by the department to administer the
program;
(iii) Information on the housing status of essential needs and
housing support recipients served by housing support entities, and
individuals who have requested housing support but did not receive
housing support;
(iv) Grantee expenditure data related to administration and
services provided under this section; and
(v) Efforts made to partner with other entities and leverage
sources or public and private funds;
(d) Review the data submitted by the designated entities, and make
recommendations for program improvements and administrative
efficiencies. The department has the authority to designate
alternative entities as necessary due to performance or other
significant issues. Such change must only be made after consultation
with the department of social and health services and the impacted
entity.
(8) The department, counties, and essential needs and housing
support entities are not civilly or criminally liable and may not have
any penalty or cause of action of any nature arise against them related
to decisions regarding: (a) The provision or lack of provision of
housing or essential needs support; or (b) the type of housing
arrangement supported with funds allocated under this section, when the
decision was made in good faith and in the performance of the powers
and duties under this section. However, this section does not prohibit
legal actions against the department, county, or essential needs or
housing support entity to enforce contractual duties or obligations.
NEW SECTION. Sec. 5 A new section is added to chapter 43.185C
RCW to read as follows:
The department, in collaboration with the department of social and
health services, shall develop a mechanism through which the department
and local governments or community-based organizations can verify a
person has been determined eligible and remains eligible for medical
care services under RCW 74.09.035 by the department of social and
health services.
Sec. 6 RCW 74.09.035 and 2011 c 284 s 3 are each amended to read
as follows:
(1) To the extent of available funds, medical care services may be
provided to ((recipients of disability lifeline benefits, persons
denied disability lifeline benefits under RCW 74.04.005(5)(b) or
74.04.655 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.)):
(a) Persons who:
(i) 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;
(ii) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(iii) 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;
(iv) Have countable income as described in RCW 74.04.005 at or
below four hundred twenty-eight dollars for a married couple or at or
below three hundred thirty-nine dollars for a single individual; and
(v) Do not have countable resources in excess of those described in
RCW 74.04.005.
(b) Persons eligible for the aged, blind, or disabled assistance
program authorized in section 3 of this act and who are not eligible
for medicaid under RCW 74.09.510.
(c) Persons eligible for alcohol and drug addiction services
provided under chapter 74.50 RCW, in accordance with medical
eligibility requirements established by the department.
(d) The following persons are not eligible for medical care
services:
(i) Persons who are unemployable due primarily to alcohol or drug
addiction, except as provided in (c) of this subsection. 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 medical care
services benefits to alcoholics and drug addicts who are incapacitated
due to other physical or mental conditions that meet the eligibility
criteria for medical care services;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause;
(iii) Persons who refuse or fail 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
(iv) Persons who are 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 who are violating a condition of
probation, community supervision, or parole imposed under federal or
state law for a felony or gross misdemeanor conviction.
(e) 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
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.
(f) For purposes of reviewing a person's continuing eligibility and
in order to remain eligible for the program, persons who have been
found to have an incapacity from gainful employment must demonstrate
that there has been 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.
(2) Enrollment in medical care services may not result in
expenditures that exceed the amount that has been appropriated in the
operating budget. If it appears that continued enrollment will result
in expenditures exceeding the appropriated level for a particular
fiscal year, the department may freeze new enrollment and establish a
waiting list of ((eligible)) persons who may receive benefits only when
sufficient funds are available. ((Upon implementation of a federal
medicaid 1115 waiver providing federal matching funds for medical care
services, persons subject to termination of disability lifeline
benefits under RCW 74.04.005(5)(h) remain enrolled in medical care
services and persons subject to denial of disability lifeline benefits
under RCW 74.04.005(5)(h) remain eligible for medical care services.)) (3) 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.
(2)
(((3))) (4) 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)) under this section. The contract must provide for
integrated delivery of medical and mental health services.
(((4))) (5) 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.
(((5))) (6) Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for persons with
intellectual disabilities, 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.
(((6) Eligibility for medical care services shall commence with the
date of certification for disability lifeline benefits or the date of
eligibility for alcohol and drug addiction services provided under
chapter 74.50 RCW.))
(7) Eligibility for medical care services shall commence with the
date of certification for medical care services, date of eligibility
for the aged, blind, or disabled assistance program provided under
section 3 of this act, or the date or eligibility for alcohol and drug
addiction services provided under chapter 74.50 RCW.
NEW SECTION. Sec. 7 For the purposes of this chapter, unless the
context indicates otherwise, the following definitions shall apply:
(1) "Aged, blind, and disabled assistance program" means the
program established under section 3 of this act.
(2) "Department" means the department of social and health
services.
(3) "Director" or "secretary" means the secretary of social and
health services.
(4) "Essential needs and housing support program" means the program
established under section 4 of this act.
(5) "Essential needs support" means personal health and hygiene
items, cleaning supplies, other necessary items and transportation
passes or tokens provided through an essential needs support entity
established under section 4 of this act.
(6) "Housing support" means assistance provided by a designated
housing support entity established under section 4 of this act to
maintain existing housing when the client is at substantial risk of
becoming homeless, to obtain housing, or to obtain heat, electricity,
natural gas, sewer, garbage, and water services when the client is at
substantial risk of losing these services.
(7) "Pregnant women assistance program" means the program
established under section 3 of this act.
(8) In the construction of words and phrases used in this chapter,
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.
Sec. 8 RCW 74.04.005 and 2010 1st sp.s. c 8 s 4 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"(( -- )) means public aid to
persons in need thereof for any cause, including services, medical
care, assistance grants, disbursing orders, work relief, ((disability
lifeline)) benefits under sections 3 and 4 of this act, and federal aid
assistance.
(2) "Department"(( -- )) means the department of social and health
services.
(3) "County or local office"(( -- )) means 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)) Essential needs and housing support
program" means ((a program that provides aid and support in accordance
with the conditions set out in this subsection.)) the program established in section 4 of this
act.
(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
RCW 74.04.655 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 RCW
43.330.175 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.)) "Aged, blind, or disabled assistance program" means the
program established under section 3 of this act.
(7)
(7) "Federal aid assistance"(( -- )) means 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.
(8) "Applicant"(( -- )) means 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.
(9) "Recipient"(( -- )) means any person receiving assistance and in
addition those dependents whose needs are included in the recipient's
assistance.
(10) "Standards of assistance"(( -- )) means the level of income
required by an applicant or recipient to maintain a level of living
specified by the department.
(11) "Resource"(( -- )) means 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 household member with
a physical disability. This exclusion is limited to one vehicle per
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 ((disability lifeline))
benefits under sections 3 and 4 of this act 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)) if:
(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.
(12) "Income"(( -- )) means:
(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.
(13) "Need"(( -- )) means 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.
(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.
(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.
Sec. 9 RCW 74.09.510 and 2010 c 94 s 24 are each amended to read
as follows:
Medical assistance may be provided in accordance with eligibility
requirements established by the department, as defined in the social
security Title XIX state plan for mandatory categorically needy persons
and:
(1) Individuals who would be eligible for cash assistance except
for their institutional status;
(2) Individuals who are under twenty-one years of age, who would be
eligible for medicaid, but do not qualify as dependent children and who
are in (a) foster care, (b) subsidized adoption, (c) a nursing facility
or an intermediate care facility for persons with intellectual
disabilities, or (d) inpatient psychiatric facilities;
(3) Individuals who:
(a) Are under twenty-one years of age;
(b) On or after July 22, 2007, were in foster care under the legal
responsibility of the department or a federally recognized tribe
located within the state; and
(c) On their eighteenth birthday, were in foster care under the
legal responsibility of the department or a federally recognized tribe
located within the state;
(4) Persons who are aged, blind, or disabled who: (a) Receive only
a state supplement, or (b) would not be eligible for cash assistance if
they were not institutionalized;
(5) Categorically eligible individuals who meet the income and
resource requirements of the cash assistance programs;
(6) Individuals who are enrolled in managed health care systems,
who have otherwise lost eligibility for medical assistance, but who
have not completed a current six-month enrollment in a managed health
care system, and who are eligible for federal financial participation
under Title XIX of the social security act;
(7) Children and pregnant women allowed by federal statute for whom
funding is appropriated;
(8) Working individuals with disabilities authorized under section
1902(a)(10)(A)(ii) of the social security act for whom funding is
appropriated;
(9) Other individuals eligible for medical services under RCW
74.09.035 based on age, blindness, or disability and income and
resources standards for medical care services and 74.09.700 for whom
federal financial participation is available under Title XIX of the
social security act;
(10) Persons allowed by section 1931 of the social security act for
whom funding is appropriated; and
(11) Women who: (a) Are under sixty-five years of age; (b) have
been screened for breast and cervical cancer under the national breast
and cervical cancer early detection program administered by the
department of health or tribal entity and have been identified as
needing treatment for breast or cervical cancer; and (c) are not
otherwise covered by health insurance. Medical assistance provided
under this subsection is limited to the period during which the woman
requires treatment for breast or cervical cancer, and is subject to any
conditions or limitations specified in the omnibus appropriations act.
Sec. 10 RCW 74.50.055 and 1989 1st ex.s. c 18 s 4 are each
amended to read as follows:
(1) A person shall not be eligible for treatment services under
this chapter unless he or she:
(a) Meets the ((financial)) income and resource eligibility
requirements ((contained in RCW 74.04.005)) for the medical care
services program under RCW 74.09.035(1)(a)(iv) and (v); and
(b) Is incapacitated from gainful employment, which incapacity will
likely continue for a minimum of sixty days.
(2) First priority for receipt of treatment services shall be given
to pregnant women and parents of young children.
(3) In order to rationally allocate treatment services, the
department may establish by rule caseload ceilings and additional
eligibility criteria, including the setting of priorities among classes
of persons for the receipt of treatment services. Any such rules shall
be consistent with any conditions or limitations contained in any
appropriations for treatment services.
Sec. 11 RCW 70.96A.530 and 2010 1st sp.s. c 8 s 10 are each
amended to read as follows:
If an assessment by a certified chemical dependency counselor
indicates a need for drug or alcohol treatment, in order to enable a
person receiving ((disability lifeline)) benefits under sections 3 and
4 of this act to improve his or her health status and transition from
((disability lifeline)) those benefits to employment, or transition to
federal disability benefits, the person must be given high priority for
enrollment in treatment, within funds appropriated for that treatment.
However, first priority for receipt of treatment services must be given
to pregnant women and parents of young children. This section expires
June 30, 2013. ((Persons who are terminated from disability lifeline
benefits under RCW 74.04.005(5)(h) and are actively engaged in chemical
dependency treatment during the month they are terminated shall be
provided the opportunity to complete their current course of
treatment.))
Sec. 12 RCW 10.101.010 and 2010 1st sp.s. c 8 s 12 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, ((disability lifeline)) aged,
blind, or disabled assistance benefits, medical care services under RCW
74.09.035, pregnant women assistance 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 2011 c 330 s 3 and 2011 c 309 s 22 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," "juvenile," and "youth" means:
(a) Any individual under the age of eighteen years; or
(b) Any individual age eighteen to twenty-one years who is eligible
to receive and who elects to receive the extended foster care services
authorized under RCW 74.13.031. A youth who remains dependent and who
receives extended foster care services under RCW 74.13.031 shall not be
considered a "child" under any other statute or for any other purpose.
(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;
(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; or
(d) Is receiving extended foster care services, as authorized by
RCW 74.13.031.
(7) "Developmental disability" means a disability attributable to
intellectual disability, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary
to be closely related to an intellectual disability or to require
treatment similar to that required for individuals with intellectual
disabilities, which disability originates before the individual attains
age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial limitation 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, including
a guardian appointed pursuant to chapter 13.36 RCW; and (b) has the
legal right to custody of the child pursuant to such appointment. The
term "guardian" does 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, ((disability lifeline)) aged,
blind, or disabled assistance benefits, medical care services under RCW
74.09.035, pregnant women assistance 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 ((section 4 of this act)) RCW 13.--.--- (section 4,
chapter 309, Laws of 2011).
(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 licensed by a federally recognized Indian tribe
located in this state under RCW 74.15.190, that has entered into a
performance-based contract with the department to provide case
management for the delivery and documentation of child welfare services
as defined in RCW 74.13.020.
(19) "Extended foster care services" means residential and other
support services the department is authorized to provide under RCW
74.13.031.
Sec. 14 RCW 26.19.071 and 2010 1st sp.s. c 8 s 14 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))) (i) of this section;
(f) Contract-related benefits;
(g) Income from second jobs, except as excluded for income in
subsection (4)(((h))) (i) 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) ((Disability lifeline)) Aged, blind, or disabled assistance
benefits;
(g) Pregnant women assistance benefits;
(h) Food stamps; and
(((h))) (i) 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, ((disability lifeline)) aged,
blind, or disabled assistance 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, ((disability
lifeline)) aged, blind, or disabled assistance benefits, pregnant women
assistance benefits, essential needs and housing support, 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 2010 1st sp.s. c 8 s 15 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, ((disability lifeline
benefits)) aged, blind, or disabled assistance benefits, pregnant women
assistance benefits, essential needs and housing support, 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 2010 1st sp.s. c 8 s 16 are each
amended to read as follows:
((Disability lifeline)) Aged, blind, or disabled assistance
benefits, essential needs and housing support benefits, pregnant women
assistance 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 2010 1st sp.s. c 8 s 17 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, ((disability lifeline)) aged,
blind, or disabled assistance benefits, pregnant women assistance
benefits, poverty-related veterans' benefits, food stamps or food stamp
benefits transferred electronically, refugee resettlement benefits,
medicaid, medical care services, 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 2010 1st sp.s. c 8 s 18 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 ((disability
lifeline)) benefits under sections 3 and 4 of this act. 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 74.04.225 and 2010 1st sp.s. c 8 s 2 are each amended
to read as follows:
(1) An online opportunity portal shall be established to provide
the public with more effective access to available state, federal, and
local services. The secretary of the department of social and health
services shall act as the executive branch sponsor of the portal
planning process. Under the leadership of the secretary, the
department shall:
(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)) the programs under
sections 3 and 4 of this act and as defined in RCW 10.101.010,
13.34.030, ((43.330.175,)) 70.96A.530, 74.04.005, 74.04.652, 74.04.655,
74.04.657, and ((74.04.810)) sections 1 through 3 and 7 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.
Sec. 20 RCW 74.04.230 and 2010 1st sp.s. c 8 s 20 are each
amended to read as follows:
Persons eligible for ((disability lifeline)) medical care services
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 2010 1st sp.s. c 8 s 21 are each
amended to read as follows:
In determining need for ((disability lifeline benefits)) aged,
blind, or disabled assistance, and medical care services, 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 2010 1st sp.s. c 8 s 22 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 ((disability lifeline
benefits)) aged, blind, or disabled assistance.
(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 74.04.652 and 2010 1st sp.s. c 8 s 7 are each amended
to read as follows:
(1) To ensure that persons who are likely eligible for supplemental
security income benefits are transitioned from ((disability lifeline
benefits to disability lifeline expedited)) the medical care services
program to the aged, blind, or disabled assistance program, and the
medicaid program, and then to the supplemental security income program
as quickly as practicable, the department shall implement the early
supplemental security income transition project starting in King,
Pierce, and Spokane counties no later than July 1, 2010, and extending
statewide no later than October 1, 2011. The program shall be
implemented through performance-based contracts with managed health
care systems providing medical care services under RCW 74.09.035 or
other qualified entities. The participants shall have the following
responsibilities and duties under this program:
(a) The entities with whom the department contracts to provide the
program shall be responsible for:
(i) Systematically screening persons receiving ((disability
lifeline)) benefits under section 6 of this act 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)) medical care services and
aged, blind, or disabled assistance 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)) aged, blind, or disabled 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)) aged, blind,
or disabled 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))
medical care services benefits, except recipients of alcohol and
addiction treatment under chapter 74.50 RCW, 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 under sections 3 and 4 of this act;
(ii) Making timely determinations that a person receiving
((disability lifeline benefits)) medical care services benefits, except
recipients of alcohol and addiction treatment under chapter 74.50 RCW,
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)) aged, blind, or disabled assistance
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)) medical care
services benefits, except recipients of alcohol and addiction treatment
under chapter 74.50 RCW, should be screened within thirty days of
entering the program to determine the propriety of their transfer to
the ((disability lifeline expedited)) aged, blind, or disabled
assistance program; and
(b) Seventy-five percent of persons receiving ((disability lifeline
benefits)) medical care services benefits, except recipients of alcohol
and addiction treatment under chapter 74.50 RCW, that appear likely to
qualify for supplemental security income benefits shall be transferred
to the ((disability lifeline expedited)) aged, blind, or disabled
assistance program within four months of their application for
((disability lifeline)) aged, blind, or disabled 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)) medical care services, except recipients of alcohol and
addiction treatment under chapter 74.50 RCW or aged, blind, or disabled
assistance, 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).
Sec. 24 RCW 74.04.655 and 2010 1st sp.s. c 8 s 5 are each amended
to read as follows:
(1) The economic services administration shall work jointly with
the division of vocational rehabilitation to develop an assessment tool
that must be used to determine whether the programs offered by the
division of vocational rehabilitation could assist persons receiving
((disability lifeline)) benefits under sections 3 and 4 of this act in
returning to the workforce. The assessment tool shall be completed no
later than December 1, 2010. The economic services administration
shall begin using the tool no later than January 1, 2011. No later
than December 30, 2011, the department shall report on the use of the
tool and to what extent the programs offered by the division of
vocational rehabilitation have been successful in returning persons
receiving ((disability lifeline)) aged, blind, or disabled benefits to
the workforce.
(2) After January 1, 2011, all persons receiving ((disability
lifeline)) benefits under sections 3 and 5 of this act 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.
Sec. 25 RCW 74.04.657 and 2010 1st sp.s. c 8 s 6 are each amended
to read as follows:
During the application process for ((disability lifeline)) benefits
under sections 3 and 4 of this act, the department shall inquire of
each applicant whether he or she has ever served in the United States
military service. If the applicant answers in the affirmative, the
department shall confer with a veterans benefit specialist with the
Washington state department of veterans affairs or a contracted
veterans service officer in the community to determine whether the
applicant is eligible for any benefits or programs offered to veterans
by either the state or the federal government.
Sec. 26 RCW 74.04.770 and 2010 1st sp.s. c 8 s 23 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 ((disability lifeline)) benefits
under section 3 of this act. Standards for temporary assistance for
needy families, refugee assistance, and ((disability lifeline))
benefits under section 3 of this act 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. 27 RCW 74.08.043 and 2010 1st sp.s. c 8 s 24 are each
amended to read as follows:
In determining the living requirements of otherwise eligible
applicants and recipients of supplemental security income and
((disability lifeline)) benefits under sections 3 and 4 of this act,
the department is authorized to consider the need for personal and
special care and supervision due to physical and mental conditions.
Sec. 28 RCW 74.08.278 and 2010 1st sp.s. c 8 s 25 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 ((disability lifeline)) benefits under
section 3 of this act 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. 29 RCW 74.08.335 and 2010 1st sp.s. c 8 s 26 are each
amended to read as follows:
Temporary assistance for needy families and ((disability lifeline))
benefits under sections 3 and 4 of this act 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. 30 RCW 74.08A.210 and 2010 1st sp.s. c 8 s 27 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 ((disability lifeline)) benefits under section 3 of this act 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. 31 RCW 74.08A.440 and 2010 1st sp.s. c 8 s 32 are each
amended to read as follows:
Recipients exempted from active work search activities due to
incapacity or a disability shall receive ((disability lifeline))
services for which they are eligible, including aged, blind, or
disabled assistance benefits as they relate to the facilitation of
enrollment in the federal supplemental security income program,
referrals to essential needs and housing support benefits, access to
chemical dependency treatment, referrals to vocational rehabilitation,
and other services needed to assist the recipient in becoming
employable. ((Disability lifeline)) Aged, blind, or disabled
assistance and essential needs and housing support 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.
Sec. 32 RCW 74.09.555 and 2010 1st sp.s. c 8 s 30 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 the
((disability lifeline)) medical care services 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 the
((disability lifeline)) medical care services 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. 33 RCW 74.50.060 and 2010 1st sp.s. c 8 s 31 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 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. 34 The following acts or parts of acts are
each repealed:
(1) RCW 43.330.175 (Disability lifeline housing voucher program)
and 2010 1st sp.s. c 8 s 8;
(2) RCW 74.04.120 (Basis of state's allocation of federal aid
funds -- County budget) and 2010 1st sp.s. c 8 s 19, 1979 c 141 s 301, &
1959 c 26 s 74.04.120; and
(3) RCW 74.04.810 (Study of disability lifeline program
terminations -- Report) and 2010 1st sp.s. c 8 s 11.
NEW SECTION. Sec. 35 The code reviser shall alphabetize the
subsections containing definitions in RCW 74.04.005.
NEW SECTION. Sec. 36 Sections 1 through 3 and 7 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 37 Section 11 of this act expires June 30,
2013.
NEW SECTION. Sec. 38 Except for sections 6 and 8 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. 39 Section 6 of 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 July 22, 2011.
NEW SECTION. Sec. 40 Section 8 of this act takes effect November
1, 2011."
ESHB 2082 -
By Senators Regala, Zarelli
ADOPTED 05/25/2011
On page 1, line 6 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 74.09.035, 74.04.005, 74.09.510, 74.50.055, 70.96A.530, 10.101.010, 26.19.071, 31.04.540, 70.123.110, 73.08.005, 74.04.0052, 74.04.225, 74.04.230, 74.04.266, 74.04.620, 74.04.652, 74.04.655, 74.04.657, 74.04.770, 74.08.043, 74.08.278, 74.08.335, 74.08A.210, 74.08A.440, 74.09.555, and 74.50.060; reenacting and amending RCW 13.34.030; adding new sections to chapter 43.185C RCW; adding a new chapter to Title 74 RCW; creating a new section; repealing RCW 43.330.175, 74.04.120, and 74.04.810; providing effective dates; providing an expiration date; and declaring an emergency."