EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Immediately.
Purpose: The department is proposing to amend by emergency adoption WAC 388-400-0025 in order to permit disability lifeline (DL) benefits for persons who are pregnant and in need, as required by RCW 74.04.005. The department is concurrently pursuing permanent adoption of these rules.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0025.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: RCW 74.04.005 directs the department to provide DL benefits to persons who are pregnant and in need, based upon current income and resource requirements of the federal temporary assistance for needy families program, who are not eligible to receive federal aid assistance other than basic food and medical assistance.
It is essential to have DL pregnancy eligibility in place in order to comply with the requirements of RCW 74.04.005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: February 7, 2011.
Katherine I. Vasquez
Rules Coordinator
4269.1(2) You are eligible for disability lifeline (DL) benefits if you:
(a) Are pregnant as verified by a medical statement or incapacitated as required under WAC 388-448-0001 through 388-448-0120;
(b) Are at least eighteen years old or, if under eighteen, a member of a married couple;
(c) Are in financial need according to DL income and resource rules in chapters 388-450, 388-470 and 388-488 WAC. We determine who is in your assistance unit according to WAC 388-408-0010;
(d) Meet the disability lifeline citizenship/alien status requirements under WAC 388-424-0015(2);
(e) Provide a Social Security number as required under WAC 388-476-0005;
(f) Reside in the state of Washington as required under WAC 388-468-0005;
(g) Undergo referrals for assessment, treatment, or to other agencies as provided under WAC 388-448-0130 through 388-448-0150;
(h) Sign an interim assistance reimbursement authorization to agree to repay the monetary value of general assistance or disability lifeline benefits subsequently duplicated by Supplemental Security Income benefits as described under WAC 388-448-0200, 388-448-0210 and 388-474-0020;
(i) Report changes of circumstances as required under WAC 388-418-0005; and
(j) Complete a mid-certification review and provide proof of any changes as required under WAC 388-418-0011.
(3) You aren't eligible for disability lifeline benefits if you:
(a) Have received general assistance or disability lifeline benefits for more than the maximum number of months as defined in WAC 388-448-0250.
(b) Are eligible for temporary assistance for needy families (TANF) benefits.
(c) Are eligible for state family assistance (SFA) benefits.
(d) Refuse or fail to meet a TANF or SFA eligibility rule.
(e) Refuse or fail to participate in drug or alcohol treatment as required in WAC 388-448-0220.
(f) Are eligible for Supplemental Security Income (SSI) benefits.
(g) Are an ineligible spouse of an SSI recipient.
(h) Failed to follow a Social Security Administration (SSA) program rule or application requirement and SSA denied or terminated your benefits.
(4) If you reside in a public institution and meet all other requirements, your eligibility for DL depends on the type of institution. A "public institution" is an institution that is supported by public funds, and a governmental unit either is responsible for it or exercises administrative control over it.
(a) You may be eligible for disability lifeline if you are:
(i) A patient in a public medical institution; or
(ii) A patient in a public mental institution and:
(A) Sixty-five years of age or older; or
(B) Twenty years of age or younger.
(b) You aren't eligible for DL when you are in the custody of or confined in a public institution such as a state penitentiary or county jail including placement:
(i) In a work release program; or
(ii) Outside of the institution including home detention.
[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.51 [74.04.510], 74.08.090, 74.08A.100, 74.04.770, 74.04.0005 [74.04.005], and 2010 c 8. 10-16-096, § 388-400-0025, filed 7/30/10, effective 9/1/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 06-13-043, § 388-400-0025, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 2004 c 54. 04-23-027, § 388-400-0025, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-400-0025, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.04.057, 74.08.090. 00-15-017, § 388-400-0025, filed 7/10/00, effective 9/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0025, filed 7/31/98, effective 9/1/98.]