WSR 20-13-036
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 10, 2020, 8:39 a.m., effective June 11, 2020]
Effective Date of Rule: June 11, 2020.
Purpose: The department is amending WAC 388-400-0055 Who is eligible for the pregnant women assistance (PWA) program?, and 388-400-0070 Who is eligible for referral to the housing and essential needs (HEN) program?, to support implementation of SSB 6495 (chapter 322, Laws of 2020).
Citation of Rules Affected by this Order: Amending WAC 388-400-0055 and 388-400-0070.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.0052, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.655, 74.04.770, 74.04.805, 74.08.043, 74.08.090, 74.08.335, 74.08A.100.
Other Authority: Chapter 322, Laws of 2020.
Under RCW 34.05.350 the agency for good cause finds 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: Emergency adoption of these amendments is necessary to implement SSB 6495 (chapter 322, Laws of 2020), effective June 11, 2020, extending a referral to the HEN program for PWA program recipients.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: June 3, 2020.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-400-0055Who is eligible for the pregnant women assistance (PWA) program?
((Effective November 1, 2011:))
(1) The pregnant women assistance (PWA) program provides a state-funded cash stipend and a referral to the housing and essential needs (HEN) program under WAC 388-400-0065 to eligible low-income individuals. A referral to the HEN program is valid for twenty-four consecutive months from the date the department determines PWA eligibility.
(2) You can get pregnant women assistance (PWA), if you:
(a) Are pregnant as verified by a medical professional;
(b) Meet the citizenship/alien status requirements of WAC 388-424-0010;
(c) Live in the state of Washington per WAC 388-468-0005;
(d) Do not live in a public institution unless specifically allowed under RCW 74.08.025;
(e) Meet TANF/SFA:
(i) Income requirements under chapter 388-450 WAC;
(ii) Resource requirements under chapter 388-470 WAC; and
(iii) Transfer of property requirements under chapter 388-488 WAC.
(f) Tell us your Social Security number as required under WAC 388-476-0005;
(g) Report changes of circumstances as required under WAC 388-418-0005; and
(((2)))(3) If you are an unmarried pregnant minor your living arrangements must meet the requirements of WAC 388-486-0005.
(((3)))(4) You cannot get PWA if you:
(a) Are eligible for temporary assistance for needy families (TANF) benefits;
(b) Are eligible for state family assistance (SFA) benefits;
(c) Refuse or fail to meet a TANF or SFA eligibility rule;
(d) Refuse or fail to participate in drug or alcohol treatment as required in WAC 388-449-0220 without good cause; or
(e) Are eligible for supplemental security income (SSI) benefits.
AMENDATORY SECTION(Amending WSR 18-18-007, filed 8/23/18, effective 9/23/18)
WAC 388-400-0070Who is eligible for referral to the housing and essential needs (HEN) program?
(1) You are eligible for referral to the housing and essential needs (HEN) program if you:
(a) Apply for cash assistance as detailed in WAC 388-406-0010;
(b) Complete an interview with the department;
(c) Are incapacitated as defined in WAC 388-447-0001 through 388-447-0100;
(d) Are at least eighteen years old or, if under eighteen, legally emancipated or a member of a married couple;
(e) Are in financial need according to income rules in chapter 388-450 WAC and resource requirements in RCW 74.04.005 and chapter 388-470 WAC. We determine who is in your assistance unit according to WAC 388-408-0070;
(f) Have countable income, as defined in WAC 388-450-0162, at or below the monthly income limits defined in WAC 388-478-0090;
(g) Meet the citizenship/alien status requirement for ABD cash assistance under WAC 388-424-0015;
(h) Meet the Social Security number verification requirement for cash assistance under WAC 388-476-0005;
(i) Meet the residency requirement for cash assistance under WAC 388-468-0005;
(j) Meet verification requirements for cash assistance detailed in WAC 388-490-0005.
(k) To remain eligible for HEN referral, you must also:
(i) Report changes in your circumstances as required for cash assistance under WAC 388-418-0007; and
(ii) Complete and return eligibility reviews we send you under WAC 388-434-0005.
(2) You are not eligible for referral to the HEN program if you:
(a) ((Are eligible for the pregnant women assistance (PWA) program;
(b))) Are eligible for temporary assistance for needy families (TANF) program;
(((c)))(b) Refuse or fail to meet a TANF rule without good cause;
(((d)))(c) Refuse or fail to cooperate in obtaining federal aid assistance, including but not limited to medicaid, without good cause;
(((e)))(d) Refuse or fail to participate in drug or alcohol treatment as required in WAC 388-447-0120;
(((f)))(e) Are eligible for supplemental security income (SSI) benefits and receiving a state supplemental payment (SSP) under WAC 388-474-0012;
(((g)))(f) Are an ineligible spouse of an SSI recipient;
(((h)))(g) Refuse or fail to follow a Social Security Administration (SSA) program rule or application requirement without good cause and SSA denied or terminated your benefits;
(((i)))(h) Are terminated from ABD for refusing or failing to sign an interim assistance reimbursement authorization agreement under WAC 388-400-0060;
(((j)))(i) Are fleeing to avoid prosecution of, or to avoid custody or confinement for conviction of, a felony, or an attempt to commit a felony as described in WAC 388-442-0010; or
(((k)))(j) Are disqualified from receiving cash assistance due to a conviction related to unlawful practices in obtaining cash assistance as described in WAC 388-446-0005.
(3) If you reside in a public institution and meet all other requirements, your eligibility for referral to the HEN program 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 referral to the HEN program if you are:
(i) A patient in a public medical institution; or
(ii) A patient in a public mental institution and are sixty-five years of age or older.
(b) You aren't eligible for referral to the HEN program if 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.