BILL REQ. #: H-3797.3
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 01/31/14.
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 spouse, birth child, adopted child, or
stepchild of a military service member.
(b) "Legal resident" means a person who maintains Washington as his
or her principal establishment, home of record, or permanent home and
to where, whenever absent due to military obligation, he or she intends
to return.
(c) "Military service" means service in the armed forces, armed
forces reserves, or membership in the Washington national guard.
(d) "Military service member," for the purposes of this section, is
expanded to mean a person who is currently in military service or who
has separated from military service in the previous eighteen months
either through retirement or military separation.
(2) A dependent, who is a legal resident of the state, having
previously been determined to be eligible for developmental disability
services through the department, shall retain eligibility as long as he
or she remains a legal resident of the state regardless of having left
the state due to the military service member's military assignment
outside the state. If the state eligibility requirements change, the
dependent shall retain eligibility until new information is provided by
the dependent or military service member to the department.
(3) Upon assessment determination, the department shall direct that
services be provided consistent with Title 71A RCW and appropriate
rules if the dependent furnishes:
(a) A copy of the military service member's DD-214 or other
equivalent discharge paperwork; and
(b) Proof of the military service member's legal residence in the
state, as provided under RCW 46.16A.140.
(4) For dependents who received developmental disability services
and who left the state due to the military service member's military
assignment outside the state, upon the dependent's return to the state
and when a request for services is made, the department must:
(a) Determine eligibility for services which may include request
for waiver services;
(b) Provide notification for the service eligibility determination
which includes notification for denial of services; and
(c) Provide due process through the appeals processes established
by the department.
(5) To continue eligibility under subsection (2) of this section,
the dependent is required to inform the department of his or her
current address and provide updates as requested by the department.
(6) The secretary shall request a waiver from the appropriate
federal agency if it is necessary to implement the provisions of this
section.
(7) The department may adopt rules necessary to implement the
provisions of this section.