BILL REQ. #: H-2796.3
| State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 05/12/11.
AN ACT Relating to reforming the disability lifeline program through essential needs and housing support for persons not likely to meet federal supplemental security income disability standards, continued aid and support for other disability lifeline recipients, and modification of the disability lifeline medical care services needed to receive federal funding; amending RCW 74.09.035, 74.04.005, and 70.96A.530; 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 and 74.04.810; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(a) 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 long-term disability 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 the disability lifeline program created in 2010 and
create two new programs: (i) The long-term disability assistance
program to provide financial support and medical and behavioral health
services to persons who have a long-term disability, and (ii) the
essential needs and housing supports program as an alternative to cash
grants for persons who are incapacitated from gainful employment but
whose incapacity does not meet the level of a long-term disability and
to provide medical and behavioral health care services to these
persons; 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
(i) Are recipients of disability lifeline expedited benefits on
October 31, 2011, and continue to meet the eligibility requirements of
(a)(ii) of this subsection; or
(ii)(A) Are not eligible to receive federal aid assistance, other
than basic food benefits transferred electronically and medical
assistance;
(B) Have one or more medical or mental health impairments that are
likely to last for twelve months or more, indicated by medical and
behavioral health evidence, based upon an examination by an appropriate
health care provider, that prevent gainful employment. In determining
whether an applicant is likely to have a long-term disability, 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. To improve access to timely disability
evaluations, the department shall allow mid-level practitioners, such
as advance registered nurse practitioners, and licensed mental health
practitioners, to conduct evaluations, with review and approval by
medical practitioners;
(C) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(D) 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;
(iii) Meet income and resource standards for the disability
lifeline program in effect on December 31, 2010; and
(iv) 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.
(b) The following persons are not eligible for the long-term
disability 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 long-term disability assistance
benefits to alcoholics and drug addicts who are incapacitated due to
other physical or mental conditions that meet the eligibility criteria
for the long-term disability assistance program;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause; and
(iii) Persons for whom there has been a final determination of
ineligibility for federal supplemental security income benefits.
(c) Persons may receive long-term disability assistance benefits
pending application for federal supplemental security income benefits.
The monetary value of any long-term disability 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 aged, blind, and disabled
program shall provide aid and support to persons who:
(a) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(b) Have one or more medical or mental health impairments that are
likely to last for twelve months or more, indicated by medical and
behavioral health evidence, based upon an examination by an appropriate
health care provider, that prevent gainful employment;
(c) Meet the income and resource standards for the disability
lifeline program in effect on December 31, 2010; and
(d) Have not refused or failed to cooperate in obtaining federal
aid assistance without good cause.
(3) Effective November 1, 2011, the pregnant women program shall
provide aid and support to persons who:
(a) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(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) 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.
(4) 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.
NEW SECTION. Sec. 3
NEW SECTION. Sec. 4
NEW SECTION. Sec. 5 Funding for the essential needs and housing
support program established under section 6 of this act shall be as
follows:
(1) For the period beginning November 1, 2011, through June 30,
2013, the total funding for the program shall be based on the projected
medical care services caseload, and the estimated monthly average of
the cash assistance grant that was in effect for these individuals
beginning July 1, 2011, through October 31, 2011; and
(2) In subsequent fiscal biennia, the total funding for the program
shall be adjusted to reflect changes in the projected medical care
services caseload.
NEW SECTION. Sec. 6 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 using a formula based on the average number of clients
residing in the county who received disability lifeline-unemployable
benefits or essential needs and support benefits in the three preceding
fiscal years. The formula shall be applied beginning July 1, 2011, and
updated annually. Between ten and fifteen percent of the funds
distributed to a county must be used to provide essential needs
support.
(3) For each county, the department shall designate an essential
needs support entity and a housing support entity that will begin
providing these supports to essential needs and housing support program
recipients on November 1, 2011. Essential needs and housing support
entities are not required to provide assistance to every essential
needs and housing support recipient that is referred to the local
entity or who meets the priority standards in subsection (4)(c) 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 within the range specified
in subsection (2) of this section.
(4)(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. Essential needs and housing support
shall not be provided in the form of cash assistance to recipients.
(b) Designated housing support entities must not exceed either the:
(i) Average per-client support level established in the operating
budget for all clients served through their housing support program; or
(ii) maximum per-client support level established in the operating
budget for any individual client served through their housing support
program.
(c) In awarding housing support, the designated housing support
entity shall give first priority to clients who are in stable housing,
and for whom support will allow housing retention and who would be at
risk of homelessness without such housing support. Second priority
shall be given to clients who are receiving care coordination services
through the managed health care plan that has a contract with the state
to serve essential needs and housing support program recipients.
Within these priorities, additional local priorities for the use of
funds must be developed in the event that available resources are not
sufficient to provide service to all prioritized recipients who have
been referred for support.
(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.
(5) The department and each essential needs and housing support
entity shall minimize the percentage of funds used for administration
of the essential needs and housing support program to maximize funding
available for supports.
(6) 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. The first report must be submitted by
January 15, 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 referred for housing support by the department of social
and health services, but not receiving services; and
(iv) Grantee expenditure data related to administration and
services provided under this section;
(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.
(7) 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. 7 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 for medical care services under RCW
74.09.035 by the department of social and health services.
Sec. 8 RCW 74.09.035 and 2011 c ... (SHB 1312) s 3 are each
amended to read as follows:
(1)(a) 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)) persons who are in the disability
lifeline or ADATSA transition eligibles population under 1115 medicaid
demonstration project number 11-W-00254/10.
(b) 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.))
(2) Determination of the amount, scope, and duration of medical
care services shall be limited to coverage as defined by the
department, except that adult dental, and routine foot care shall not
be included unless there is a specific appropriation for these
services.
(3) The department shall enter into performance-based contracts
with one or more managed health care systems for the provision of
medical care services ((to recipients of disability lifeline benefits))
under this section. The contract must provide for integrated delivery
of medical and mental health services.
(4) The department shall establish standards of assistance and
resource and income exemptions, which may include deductibles and co-insurance provisions. In addition, the department may include a
prohibition against the voluntary assignment of property or cash for
the purpose of qualifying for assistance.
(5) 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.))
NEW SECTION. Sec. 9 For the purposes of this chapter, unless the
context indicates otherwise, the following definitions shall apply:
(1) "Aged, blind, and disabled" means the program established under
section 2 of this act.
(2) "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.
(3) "Department" means the department of social and health
services.
(4) "Director" or "secretary" means the secretary of social and
health services.
(5) "Essential needs and housing support program" means the program
established under section 6 of this act.
(6) "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 6 of this act.
(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) "Housing support" means assistance provided by a designated
housing support entity established under section 6 of this act to
maintain existing housing, to obtain housing, or to obtain heat,
electricity, natural gas, sewer, garbage, and water services.
(9) "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.
(10) "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.
(11) "Pregnant women program" means the program established under
section 2 of this act.
(12) "Recipient" means any person receiving assistance and in
addition those dependents whose needs are included in the recipient's
assistance.
(13)(a) "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:
(i) A home that an applicant, recipient, or their dependents is
living in, including the surrounding property;
(ii) Household furnishings and personal effects;
(iii) A motor vehicle, other than a motor home, used and useful
having an equity value not to exceed five thousand dollars;
(iv) 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; and
(v) 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.
(b) Applicants for or recipients of benefits under this chapter
shall have their eligibility based on resource limitations consistent
with the temporary assistance for needy families program rules adopted
by the department.
(c) If an applicant for or recipient of public assistance possesses
property and belongings in excess of the ceiling value, such value
shall be used in determining the need of the applicant or recipient,
except that: (i) The department may exempt resources or income when
the income and resources are determined necessary to the applicant's or
recipient's restoration to independence, to decrease the need for
public assistance, or to aid in rehabilitating the applicant or
recipient or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to exceed nine
months from the date the agreement is signed pursuant to this section
to persons who are otherwise ineligible because of excess real property
owned by such persons when they are making a good faith effort to
dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the
lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith
efforts to sell the property, the entire amount of assistance may
become an overpayment and a debt due the state and may be recovered
pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair
hearing and afforded the opportunity to challenge a decision that good
faith efforts to sell have ceased, prior to assessment of an
overpayment under this section; and
(D) At the time assistance is authorized, the department files a
lien without a sum certain on the specific property.
(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 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. 10 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 2, 3, and 6 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 6 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) "Long-term disability ((lifeline expedited)) assistance" 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))
the program established under section 2 of this act.
(7) "Aged, blind, and disabled" means the program established under
section 2 of this act.
(8) "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))) (9) "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))) (10) "Recipient"(( -- )) means any person receiving
assistance and in addition those dependents whose needs are included in
the recipient's assistance.
(((10))) (11) "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))) (12) "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 2, 3, and 6 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:
(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))) (13) "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))) (14) "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))) (15) 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))) (16) 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. 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 2, 3,
and 6 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.))
NEW SECTION. Sec. 12 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; and
(2) RCW 74.04.810 (Study of disability lifeline program
terminations -- Report) and 2010 1st sp.s. c 8 s 11.
NEW SECTION. Sec. 13 The code reviser shall alphabetize the
subsections containing definitions in RCW 74.04.005.
NEW SECTION. Sec. 14 Sections 1 through 5, and 9 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 15 Section 11 of this act expires June 30,
2013.
NEW SECTION. Sec. 16 Except for section 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. 17 Section 8 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.