Original Notice.

Preproposal statement of inquiry was filed as WSR 00-04-036.

Title of Rule: Necessary supplemental accommodation. WAC 388-200-1300 Description of necessary supplemental accommodation (NSA) services and 388-200-1350 Resolving disputes for NSA clients.

Purpose: To adopt changes to amend existing rules to meet regulatory improvement standards of Executive Order 97-02. To adopt changes to fully implement department policies on reinstating or opening benefits when establishing eligibility was delayed because the client needs accommodation services. To repeal WAC 388-200-1050 as NSA-related rules moved to WAC 388-200-1300. The remaining rules were replaced by and duplicate rules about client rights and responsibilities given in WAC 388-472-0005.

Statutory Authority for Adoption: RCW 74.04.050, 43.20A.550, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 43.20A.550, and 74.08.090.

Summary: These rules describe how the department identifies clients who need additional services to have access to programs and services, which services the department provides, and how the department will resolve disputes about designating clients as NSA or about their accommodation plan.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Douglas Sevin, Division of Assistance Programs, Mailstop 45470, Olympia, WA 98504, (360) 413-3097.

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: Clients may have limitations that prevent them from gaining access to department programs and services. These rules describe how the department decides which clients have such limitations, what additional services will become part of the plan to ensure access and how disputes will be resolved if clients have complaints. The anticipated effect is that clients with limitations will be able to establish their eligibility for public assistance program benefits and services.

Proposal Changes the Following Existing Rules: To adopt changes to amend existing rules to meet regulatory improvement standards of Executive Order 97-02. To adopt changes to fully implement department policies on reinstating or opening benefits when establishing eligibility was delayed because the client needs accommodation services. To repeal WAC 388-200-1050 as NSA-related rules moved to WAC 388-200-1300. The remaining rules were replaced by and duplicate rules about client rights and responsibilities given in WAC 388-472-0005.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules only affect public assistance programs.

RCW 34.05.328 does not apply to this rule adoption. These changes do not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 26, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by September 19, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@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 September 26, 2000.

Date of Intended Adoption: No sooner than September 26, 2000.

August 2, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(1) "NSA client((s))" ((are individuals, who have a mental, neurological, physical or sensory impairment or who otherwise have limitations which seriously affect their abilities to access programs in the same manner as those who are unimpaired.

     (2) All department staff have a continuing responsibility to identify and assist NSA clients.      Also see, WAC 388-200-1050 (2)(b), and WAC 388-200-1050 (2)(d)(iv), regarding client rights to self-identification and accommodation.

     (3) The department shall screen all applicants with whom its staff come into direct contact in order to identify NSA clients.

     (a) The department shall provide an explanation of NSA services to all clients upon initiation of the NSA screening.

     (b) The department shall initially identify all individuals included in subsections (i) and (ii) below as NSA, unless the client declines NSA services.

     (i) Clients who identify themselves as requiring NSA services in order to access the department's services and programs.

     (ii) Clients in the following categories:

     (A) Identified as having or claiming to have a mental health impairment;

     (B) Having a developmental disability;

     (C) Disabled by drug addiction or alcoholism;

     (D) Unable to read or write in any language;

     (E) A minor not residing with parents.

     (c) The department shall initially identify as NSA all individuals who are observed to have cognitive limitations, regardless of the presence or absence of an underlying disability, which are likely to prevent them from understanding the nature of NSA services and affect their ability to access department programs.

     Cognitive limitations include limitations on ability to communicate, understand, remember, process information, exercise judgement and make decisions, perform routine tasks or relate appropriately with others.

     (4) The department shall mark all cases identified as NSA with a uniform NSA identifier.

     (5) Clients initially identified as NSA under subsection (3)(b)(ii) and (c) above will be assessed to confirm the NSA designation.

     (6) Based on client request or changes in the client's needs, the NSA designation and/or accommodation plan may be assessed and revised.

     (7) An accommodation plan which specifies the auxiliary aids and services to be provided the client to improve the client's access to department programs and services will be developed for clients determined NSA.

     (8) The following NSA services shall be included in the accommodation plan of clients determined NSA under subsections (3)(b)(ii) and (c) above.

     (a) Arranging for or providing assistance with completion and submission of forms;

     (b) Assisting in obtaining information necessary to determine eligibility or to maintain current benefits;

     (c) Explaining the department's adverse actions, see WAC 388-245-1000;

     (d) Assisting with requests for fair hearings;

     (e) Assisting with requests for continuing benefits;

     (f) Providing follow-up contact on missed appointments or deadlines;

     (g) Providing notification to the NSA individual's known advocate when informational requests or adverse action notices are pending;

     (h) Providing protective payments as appropriate, in accordance with WAC 388-265-1250 (3) and (6).

     (9) The department shall redirect and hold warrants for NSA clients through the twentieth day of the month following the month that adverse action notice was given, when the department is unable to determine eligibility.      If eligibility is determined within the twenty-day period, the department will release to the client the correct grant amount the client would have been eligible to receive for the month in which redirection occurred.      See WAC 388-245-1350;

     (10) The department shall consider the effects of the NSA client's limitation or impairment on the client's ability to: accept or pursue required medical treatment, accept or pursue referrals to other agencies, provide timely monthly income reports, voluntarily quit employment, participate in food stamp employment and training, or participate in the job opportunities and basic skills (JOBS) program.      The department shall find the client has good cause for refusal or failure to comply with these requirements and shall take no adverse action when the effects of the client's limitation or impairment substantially contributed to the client's noncompliance)) means a person who has a mental, neurological, physical or sensory impairment or other limitations that seriously affect their ability to have the same access to departmental programs and services as a person who is unimpaired. For purposes of this section, "we" or "us" means the department of social and health services.

     (2) We screen all applicants with whom we have face-to-face contact in order to identify NSA clients. We continue to assess a client's need for NSA services at each face-to-face contact.

     (3) A person can identify themself as an NSA client by describing the services or special help they need to access department programs and services.

     (4) We begin NSA screening by explaining NSA services to all clients.

     (5) Unless a client declines NSA services, we consider as an NSA client a person who:

     (a) Is identified as having or claiming to have a mental health impairment;

     (b) Has a developmental disability;

     (c) Disabled by drug addiction or alcoholism;

     (d) Is unable to read or write in any language;

     (e) A minor not residing with their parents or caretaker relative.

     (f) Observed to have cognitive limitations meaning/limited ability to communicate, understand, remember, process information, exercise judgment and make decisions, perform routine tasks or relate appropriately with others.

     (6) We mark all NSA cases with a uniform NSA identifier.

     (7) We develop an accommodation plan for all NSA clients describing the help we provide to ensure their access to department programs and services. We reassess and change the NSA designation or accommodation plan at person's request or when there are changes in the person's needs.

     (8) We provide the following NSA services as needed:

     (a) Arranging for or providing assistance with completion and submission of forms;

     (b) Assisting in obtaining information necessary to determine eligibility or to maintain current benefits;

     (c) Explaining the department's adverse actions, see WAC 388-458-0010;

     (d) Assisting with requests for fair hearings;

     (e) Assisting with request for continuing benefits;

     (f) Providing follow-up contact on missed appointments or deadlines;

     (g) Providing the NSA client's known advocate with copies of information requests or adverse action notices;

     (h) Providing protective payments as appropriate.

     (9) We reinstate your financial or medical assistance when:

     (a) We closed your assistance because we were unable to determine your eligibility; and

     (b) You provide proof you are eligible within twenty days of the closing.

     (10) We open food assistance without prorating benefits when:

     (a) Your prior food assistance period ended without a new application; and

     (b) We can determine your eligibility within twenty days.

     (11) We find an NSA client to have good cause for refused or failure to comply and take no adverse action, when we determine the NSA client's limitation or impairment significantly contributed to the refusal or failure to comply with a department requirement.

[Statutory Authority: RCW 74.04.050, 43.20A.550 and 74.08.090.      97-02-047, § 388-200-1300, filed 12/30/96, effective 1/30/97.]

For purposes of this section, "we" or "us" means the department of social and health services.

     (1) An applicant or recipient has the right to file a grievance with ((the department in accordance with)) us about any aspect of NSA services, using the grievance procedures provided in WAC ((388-200-1100, regarding any aspect of NSA services.      The department shall offer to assist a client who expresses dissatisfaction with NSA services with filing and pursuing a grievance)) 388-426-0005. When a client expresses dissatisfaction with NSA services, we offer to help them with filing and pursuing a grievance.

     (2) An NSA client must complete the grievance process before requesting a fair hearing on department decisions as to NSA designations, accommodation plans or NSA services ((do not in themselves provide a basis for a fair hearing until the client has first completed the grievance process.      This provision does not limit the client's rights to raise NSA designations, accommodation plans and NSA services in a fair hearing where they are relevant to other issues which are the subject of the fair hearing)) When relevant to other subjects at issue in a fair hearing, the client has the right to raise complaints about NSA designations, accommodation plans and NSA services.

     (3) ((Failure)) Department actions are not overturned if we failed to follow NSA requirements ((does not in itself invalidate department actions, except where)) unless our failure caused the applicant or recipient ((was)) to lose or be denied benefits ((for which he/she could have established eligibility had the department followed NSA requirements)).

     (4) ((The department shall)) If requested by an NSA client, we review the decision to terminate, suspend or reduce financial assistance ((to NSA recipients upon request.      The department shall)). We reinstate financial assistance for those months for which ((the department)) we can determine that the client met program eligibility requirements and the adverse action:

     (a) Was taken because of the NSA client's failure to comply with a department requirement;

     (b) The failure to comply was substantially related to the client's impairment; and

     (c) Was taken no more than ninety days prior to the request.

     (5) ((The department)) We may reinstate assistance when the adverse action was taken more than ninety days prior to the request where administratively feasible and not prohibited by state or federal law.

[Statutory Authority: RCW 74.04.050, 43.20A.550 and 74.08.090.      97-02-047, § 388-200-1350, filed 12/30/96, effective 1/30/97.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-200-1050

Department and client responsibilities.

© Washington State Code Reviser's Office