WSR 00-12-081

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 6, 2000, 1:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-08-054.

Title of Rule: Chapter 388-255 WAC, Special payments (ongoing additional requirements).

Purpose: Chapter 388-255 WAC will be repealed and rewritten as chapter 388-473 WAC. This revision is being done to meet the requirements of the WAC migration of Title 388 WAC. The revised section will meet the standards of Executive Order No. 97-02 for regulatory improvement.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: Chapter 74.04 RCW.

Summary: The rules are being rewritten to meet the WAC migration and clear-writing mandates.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3264.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule explains what ongoing additional requirements are and under what circumstances clients are eligible for them.

Proposal Changes the Following Existing Rules: WAC 388-255-1300 Additional requirements..., winterizing homes AFDC is being repealed and not included in the rewrite as chapter 388-473 WAC. That benefit is now covered under additional requirements for emergent needs described in WAC 388-436-0002.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "significant legislative rule" but DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Lacey Government Center (behind Tokyo O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 11, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson by June 30, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by July 11, 2000.

Date of Intended Adoption: July 12, 2000.

May 31, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2747.6
Chapter 388-473 WAC

ONGOING ADDITIONAL REQUIREMENTS


NEW SECTION
WAC 388-473-0010
General provisions for ongoing additional requirements.

For the purposes of this chapter, "we" and "us" refers to the department of social and health services. "You" refers to the applicant or recipient. An "ongoing additional requirement" is a continuing need that you have for which you require additional financial benefits in order to continue living independently.

(1) We may authorize ongoing additional requirement benefits if you are:

(a) Eligible for temporary assistance for needy families (TANF), refugee or general assistance cash, or SSI payments; and

(b) Aged, blind, or disabled.

(2) You may apply for ongoing additional requirement benefits by asking for it from staff that maintain your cash or medical assistance.

(3) We authorize ongoing additional requirement benefits only when we determine the item is essential to you. In deciding if you are eligible for ongoing additional requirement benefits, we consider and verify:

(a) The circumstances that created the need; and

(b) Your health, safety and ability to continue to live independently.

(4) When we determine ongoing additional requirement benefits are needed, we:

(a) Increase your cash assistance benefit to provide the additional benefits by monthly payment;

(b) Periodically review whether you continue to need the additional benefits. We conduct this review at least:

(i) Twice a year for TANF and refugee cash assistance recipients;

(ii) Yearly for general assistance or SSI recipients when we decide the need is not likely to change; or

(iii) More frequently if we expect your circumstances to change.

(5) Monthly payment standards for ongoing additional requirements are described under WAC 388-478-0050.

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NEW SECTION
WAC 388-473-0020
Restaurant meals as an ongoing additional requirement.

We authorize benefits for restaurant meals when we decide you are:

(1) Physically or mentally unable to prepare meals;

(2) A roomer and meals are not provided or your housing arrangement does not provide for or allow cooking: or

(3) Homeless.

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NEW SECTION
WAC 388-473-0030
Home-delivered meals as an ongoing additional requirement.

We authorize benefits for home-delivered meals, such as meals on wheels, when we decide the following conditions are all true:

(1) You cannot prepare all of your meals, and home-delivered meals are available;

(2) You require help in preparing meals and getting home-delivered meals would ensure your nutrition or health;

(3) Help in preparing meals is not available without cost to you; and

(4) Board (or board and room) is not available to you or would cost you more than home-delivered meals.

[]


NEW SECTION
WAC 388-473-0040
Food for service animals as an ongoing additional requirement.

(1) A "service animal" is one that has been trained at a recognized school or training facility to provide you with assistance that is necessary for your health and safety, and that supports your ability to continue to live independently.

(2) We authorize benefits for food for a service animal if we decide the animal assists you in your daily living as described in WAC 388-473-0040(1).

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NEW SECTION
WAC 388-473-0050
Telephone services as an ongoing additional requirement.

We authorize benefits for telephone services when we decide:

(1) Without a telephone, your life would be endangered, you could not live independently, or you would require a more expensive type of personal care; and

(2) You have applied for the Washington telephone assistance program (WTAP) through your local telephone company.

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NEW SECTION
WAC 388-473-0060
Laundry as an ongoing additional requirement.

We authorize benefits for laundry when we decide:

(1) You are not physically able to do your own laundry; or

(2) You do not have laundry facilities that are accessible to you due to your physical limitations.

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2768.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-255-1020 Additional requirements -- General provisions.
WAC 388-255-1050 Additional requirements -- Restaurant meals.
WAC 388-255-1100 Additional requirements -- Home-delivered meals (meals on wheels).
WAC 388-255-1150 Additional requirements -- Food for guide dog or service animal.
WAC 388-255-1200 Additional requirement -- Telephone.
WAC 388-255-1250 Additional requirements -- Laundry.
WAC 388-255-1300 Additional requirements -- Winterizing homes AFDC.

Washington State Code Reviser's Office