AN
ACT Relating to definitions of income and resources; amending RCW 74.09.530;
and reenacting and amending RCW 74.04.005.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.04.005 and 1998 c 80 s 1 and 1998 c 79 s 6 are each reenacted and 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"‑-Public aid to
persons in need thereof for any cause, including services, medical care,
assistance grants, disbursing orders, work relief, general assistance and
federal-aid assistance.
(2)
"Department"‑-The department of social and health services.
(3)
"County or local office"‑-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)
"Federal-aid assistance"‑-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.
(6)(a)
"General assistance"‑-Aid to persons in need who:
(i)
Are not eligible to receive federal-aid assistance, other than food stamps or
food stamp benefits transferred electronically and medical assistance; however,
an individual who refuses or fails to cooperate in obtaining federal-aid
assistance, without good cause, is not eligible for general assistance;
(ii)
Meet one of the following conditions:
(A)
Pregnant: PROVIDED, That need is based on the current income and resource
requirements of the federal temporary assistance for needy families program; or
(B)
Subject to chapter 165, Laws of 1992, 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.
(C)
Persons who are unemployable due to alcohol or drug addiction are not eligible
for general assistance. Persons receiving general assistance on July 26, 1987,
or becoming eligible for such assistance thereafter, due to an alcohol or
drug-related incapacity, 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. Alcoholic and drug addicted
clients who are receiving general assistance on July 26, 1987, may remain on
general assistance if they otherwise retain their eligibility until they are
assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of
this section shall not be construed to prohibit the department from granting
general assistance benefits to alcoholics and drug addicts who are
incapacitated due to other physical or mental conditions that meet the
eligibility criteria for the general assistance program;
(iii)
Are citizens or aliens lawfully admitted for permanent residence or otherwise
residing in the United States under color of law; and
(iv)
Have furnished the department their social security account number. If the
social security account 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 assistance, and the social security number shall be provided
to the department upon receipt.
(b)
Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this
section, general assistance shall be provided to the following recipients of
federal-aid assistance:
(i)
Recipients of supplemental security income whose need, as defined in this
section, is not met by such supplemental security income grant because of
separation from a spouse; or
(ii)
To the extent authorized by the legislature in the biennial appropriations act,
to recipients of temporary assistance for needy families whose needs are not
being met because of a temporary reduction in monthly income below the entitled
benefit payment level caused by loss or reduction of wages or unemployment
compensation benefits or some other unforeseen circumstances. The amount of
general assistance authorized shall not exceed the difference between the
entitled benefit payment level and the amount of income actually received.
(c)
General assistance shall be provided only to persons who are not members of
assistance units receiving federal aid assistance, except as provided in
subsection (6)(a)(ii)(A) and (b) of this section, and will accept available
services which 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.
(d)
Persons found eligible for general assistance based on incapacity from gainful
employment may, if otherwise eligible, receive general assistance pending
application for federal supplemental security income benefits. Any general
assistance 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.
(e)
The department shall adopt by rule medical criteria for general assistance
eligibility to ensure that eligibility decisions are consistent with statutory
requirements and are based on clear, objective medical information.
(f)
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)
Recipients of general assistance based upon a finding of incapacity from
gainful employment who remain otherwise eligible shall not have their benefits
terminated absent a clear showing of material improvement in their medical or
mental condition or specific error in the prior determination that found the
recipient eligible by reason of incapacitation. Recipients of general
assistance based upon pregnancy who relinquish their child for adoption, remain
otherwise eligible, and are not eligible to receive benefits under the federal
temporary assistance for needy families program shall not have their benefits
terminated until the end of the month in which the period of six weeks
following the birth of the recipient's child falls. Recipients of the federal
temporary assistance for needy families program who lose their eligibility
solely because of the birth and relinquishment of the qualifying child may
receive general assistance through the end of the month in which the period of
six weeks following the birth of the child falls.
(h)
No person may be considered an eligible individual for general assistance 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.
(7)
"Applicant"‑-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.
(8)
"Recipient"‑-Any person receiving assistance and in addition
those dependents whose needs are included in the recipient's assistance.
(9)
"Standards of assistance"‑-The level of income required by an
applicant or recipient to maintain a level of living specified by the
department.
(10)
"Resource"‑-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((: PROVIDED,)). The department may by rule
designate resources that an applicant may retain ((the following
described resources)) and not be ineligible for public assistance because
of such resources. Exempt resources shall include, but are not limited to:
(a)
A home((, which is defined as real property owned and used by an applicant
or recipient as a place of residence, together with a reasonable amount of
property surrounding and contiguous thereto, which is used by and useful to the
applicant. Whenever a recipient shall cease to use such property for residential
purposes, either for himself or herself or his or her dependents, the property
shall be considered as a resource which can be made available to meet need, and
if the recipient or his or her dependents absent themselves from the home for a
period of ninety consecutive days such absence, unless due to hospitalization
or health reasons or a natural disaster, shall raise a rebuttable presumption
of abandonment: PROVIDED, That if in the opinion of three physicians the
recipient will be unable to return to the home during his or her lifetime, and
the home is not occupied by a spouse or dependent children or disabled sons or
daughters, such property shall be considered as a resource which can be made
available to meet need.)) that an applicant, recipient, or their
dependents is living in, including the surrounding property;
(b)
Household furnishings and personal effects ((and other personal property
having great sentimental value to the applicant or recipient, as limited by the
department consistent with limitations on resources and exemptions for federal
aid assistance.));
(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 physically disabled household member.
This exclusion is limited to one vehicle per physically disabled person((.));
(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 general assistance 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.
(11)
"Income"‑-(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 determining the amount
of assistance to which an applicant or recipient of temporary assistance for
needy families is entitled, the department is hereby authorized to disregard as
a resource or income the earned income exemptions consistent with federal
requirements. The department may permit the above exemption of earnings of a
child to be retained by such child to cover the cost of special future
identifiable needs even though the total exceeds the exemptions or resources
granted to applicants and recipients of public assistance, but consistent with
federal requirements. In formulating rules and regulations pursuant to this
chapter, the department shall define income and resources and the availability
thereof, consistent with federal requirements. All resources and income not
specifically exempted, and any income or other economic benefit derived from
the use of, or appreciation in value of, exempt resources, shall be considered
in determining the need of an applicant or recipient of 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.
(12)
"Need"‑-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.
(13)
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.
(14)
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.
2. RCW
74.09.530 and 1979 c 141 s 345 are each amended to read as follows:
The
amount and nature of medical assistance and the determination of eligibility of
recipients for medical assistance shall be the responsibility of the department
of social and health services. The department shall establish reasonable
standards of assistance and resource and income exemptions which shall be
consistent with the provisions of the Social Security Act and with the
regulations of the secretary of health, education and welfare for determining
eligibility of individuals for medical assistance and the extent of such
assistance to the extent that funds are available from the state and federal
government. The department shall not consider resources in determining
continuing eligibility for recipients eligible under section 1931 of the social
security act.
