BILL REQ. #:  H-3177.1 

Read first time 01/16/14.   Referred to Committee on Community Development, Housing & Tribal Affairs.

     AN ACT Relating to home and community-based services programs for dependents of military service members; and adding a new section to chapter 74.04 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.04 RCW to read as follows:
     (1) As used in this section:
     (a) "Dependent" means a birth child, adopted child, or stepchild of a military service member.
     (b) "Domiciliary resident" means a person who intends to make Washington his or her principal place of residency for an indefinite period and to which the person intends to return following absence.
     (c) "Home and community-based services programs" means the programs established under the state medical assistance program under plans or waivers as defined in the federal social security act in accordance with the plans or waivers adopted by the secretary to provide attendant care services to individuals in need of in-home care who would require admission to an institution if the attendant care services were not otherwise provided.
     (d) "Military service" means service in the armed forces, armed forces reserves, or membership in the Washington national guard.
     (e) "Military service member" means a person who is currently in military service or who has separated from such military service in the previous eighteen months.
     (2)(a) An application may be filed with the department of social and health services for a dependent to receive services provided under the home and community-based services programs. The secretary of social and health services shall review completed applications in the order received. In reviewing applications, the secretary shall determine whether the dependent is eligible and qualified to receive services provided under the home and community-based services programs, excluding from consideration any military service health benefit plan coverage for the dependent. If the dependent is eligible and qualified, the secretary shall approve the application.
     (b) Upon approval of the application, the secretary shall direct that services be provided to the dependent on the day in which the dependent lives in Washington if the dependent furnishes to the secretary:
     (i) A copy of the military service member's Form DD-214 or other equivalent discharge paperwork;
     (ii) Proof of the military service member's residence in Washington within ninety days from the date of separation from military service; and
     (iii) A written statement that the dependent has no health benefit plan coverage, excluding from consideration any military service health benefit plan coverage for the dependent.
     (c) Dependents must receive services provided under home and community-based services programs when physically residing in Washington if the dependent is eligible and qualified and the military service member is a domiciliary resident of Washington.
     (d) A military service member may be considered a domiciliary resident of Washington if the military service member demonstrates intent to make Washington a principal place of residence. Factors supporting the service member's intent include, but are not limited to, the following:
     (i) The military service member is registered to vote in Washington;
     (ii) The military service member has registered a vehicle in Washington;
     (iii) The military service member holds a current valid Washington driver's license or identicard; and
     (iv) The military service member maintains a residence in this state for personal use.
     (3) Within ninety days prior to receiving services provided under the home and community-based services programs pursuant to subsection (2)(b) of this section, a dependent may request to be reassessed by the department of social and health services. Such a request must include a report by a qualified medical professional detailing changes to the level of services provided under the home and community-based services program that may be necessary for the dependent. If requested, the department shall provide such an assessment.
     (4) There is a rebuttable presumption that a dependent of a military service member shall maintain eligibility for any home and community-based services programs on the day the secretary of social and health services approves the dependent's application.
     (5) The secretary of social and health services shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this section.
     (6) The department of social and health services may adopt rules necessary to implement the provisions of this section.