PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Community Services Division)
Effective Date of Rule: June 1, 2012.
Purpose: These amendments eliminate reference to general assistance (GA) and disability lifeline (DL) terminated effective October 31, 2011, and establish the aged, blind, or disabled (ABD) cash assistance program and pregnant women assistance program established November 1, 2011. These amendments are necessary to comply with the changes outlined in ESHB 2082, Laws of 2011.
Amending WAC 388-273-0020 Who may receive WTAP?, 388-406-0005 Can I apply for cash, medical, or Basic Food?, 388-406-0045 Is there a good reason my application for cash or medical assistance has not been processed?, 388-406-0055 When do my benefits start?, 388-408-0005 What is a cash assistance unit?, 388-416-0010 Medical certification periods for recipients of cash assistance programs, 388-424-0010 Citizenship and alien status -- Eligibility for TANF, medicaid, and CHIP, 388-424-0015 Immigrant eligibility restrictions for the state family assistance, general assistance, and ADATSA programs, 388-436-0030 Eligibility for CEAP depends on other possible cash benefits, 388-442-0010 How does being a fleeing felon impact my eligibility for benefits?, 388-450-0040 Native American benefits and payments, 388-450-0045 How do we count income from employment and training programs?, 388-450-0095 Allocating income -- General, 388-450-0100 Allocating income -- Definitions, 388-450-0115 Allocating the income of a financially responsible person excluded from the assistance unit, 388-450-0120 Allocating the income of financially responsible parents to a pregnant or parenting minor, 388-450-0130 Allocating the income of a nonapplying spouse to a caretaker relative, 388-450-0156 When am I exempt from deeming?, 388-450-0170 TANF/SFA earned income incentive and deduction, 388-460-0020 Who is a protective payee?, 388-460-0040 When is a protective payee assigned to TANF/SFA pregnant or parenting minors?, 388-468-0005 Residency, 388-473-0010 What are ongoing additional requirements and how do I qualify?, 388-474-0010 How does being a Supplemental Security Income (SSI) client affect your cash assistance eligibility?, 388-474-0020 What can a general assistance-unemployable (GA-U) client expect when Supplemental Security Income (SSI) benefits begin?, 388-476-0005 Social Security number requirements, 388-478-0035 Maximum earned income limits for TANF, SFA and RCA and 388-486-0005 Unmarried pregnant or parenting minors -- Required living arrangement; repealing WAC 388-400-0025 Who is eligible for disability lifeline benefits?, 388-404-0010 Age requirement for GA-U and ADATSA, 388-408-0010 Who is in my assistance unit for general assistance?, 388-418-0025 Effect of changes on medical program eligibility, 388-424-0016 Citizenship and alien status -- Immigrant eligibility restrictions for state medical benefits, 388-448-0001 What are the incapacity requirements for general assistance?, 388-448-0010 How do we decide if you are incapacitated?, 388-448-0020 Which health professionals can I go to for medical evidence?, 388-448-0030 What medical evidence do I need to provide?, 388-448-0035 How we assign severity ratings to your impairment, 388-448-0040 PEP step I -- Review of medical evidence required for eligibility determination, 388-448-0050 PEP step II -- How we determine the severity of mental impairments, 388-448-0060 PEP step III -- How we determine the severity of physical impairments, 388-448-0070 PEP step IV -- How we determine the severity of multiple impairments, 388-448-0080 PEP step V -- How we determine your ability to function in a work environment if you have a mental impairment, 388-448-0090 PEP step V -- How we determine your ability to function in a work environment if you have a physical impairment, 388-448-0100 PEP step VI -- How we evaluate capacity to perform relevant past work, 388-448-0110 PEP step VII -- How we evaluate your capacity to perform other work, 388-448-0120 How we decide how long you are incapacitated, 388-448-0130 Treatment and referral requirements, 388-448-0140 When does a person have good cause for refusing or failing to participate in medical treatment or referrals to other agencies?, 388-448-0150 Penalty for refusing or failure to participate in medical treatment or other agency referrals, 388-448-0160 When do my disability lifeline benefits end?, 388-448-0180 How do we redetermine your eligibility when we decide you are eligible for general assistance expedited medicaid (GAX)?, 388-448-0200 Can I get general assistance while waiting for Supplemental Security Income (SSI)?, 388-448-0210 What is interim assistance and how do I assign it to you?, 388-448-0220 How does alcohol or drug dependence affect my eligibility for disability lifeline?, 388-448-0250 Are there limits on the number of months I may receive disability lifeline benefits?, 388-450-0110 Allocating the income of a GA-U client to legal dependents, 388-450-0135 Allocating income of an ineligible spouse to a GA-U client, 388-450-0175 Does the department offer an income deduction for the general assistance program as an incentive for clients to work?, 388-462-0011 Post adoption cash benefit and 388-478-0030 Payment standards for disability lifeline and ADATSA; and creating new WAC 388-400-0055 Who is eligible for the pregnant women assistance (PWA) program?, 388-400-0060 Who is eligible for aged, blind, or disabled (ABD) cash assistance?, 388-408-0060 Who is in my assistance unit for aged, blind, or disabled (ABD) cash assistance?, 388-449-0001 What are the disability requirements for aged, blind, or disabled (ABD) program?, 388-449-0005 Sequential evaluation process step 1 -- How does the department determine if you are performing substantial gainful employment?, 388-449-0010 What evidence do we consider to determine disability?, 388-449-0015 What medical evidence do I need to provide?, 388-449-0020 How does the department evaluate functional capacity for mental health impairments?, 388-449-0030 How does the department evaluate functional capacity for physical impairments?, 388-449-0035 How does the department assign severity ratings to my impairment?, 388-449-0040 How does the department determine the severity of mental impairments?, 388-449-0045 How does the department determine the severity of physical impairments?, 388-449-0050 How does the department determine the severity of multiple impairments?, 388-449-0060 Sequential evaluation process step II -- How does the department review medical evidence to determine if I am eligible for benefits?, 388-449-0070 Sequential evaluation process step III -- How does the department determine if you meet SSA listing of impairments criteria?, 388-449-0080 Sequential evaluation process step IV -- How does the department evaluate if I am able to perform relevant past work?, 388-449-0100 Sequential evaluation process step V -- How does the department evaluate if I can perform other work when determining disability?, 388-449-0150 When does my eligibility for aged, blind, or disabled (ABD) cash benefits end?, 388-449-0200 Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?, 388-449-0210 What is interim assistance and how do I assign it to the department?, 388-449-0220 How does alcohol or drug dependence affect my eligibility for the ABD cash and pregnant women assistance programs?, 388-449-0225 Am I required to participate in vocational rehabilitation services if I receive ABD cash grant?, 388-450-0112 Does the department allocate the income of an ABD cash client to legal dependents?, 388-450-0137 Does the department allocate income of an ineligible spouse to an ABD cash client?, 388-450-0177 Does the department offer an income deduction for the ABD cash program as an incentive for clients to work?, 388-478-0027 What are the payment standards for pregnant women assistance (PWA)?, and 388-478-0033 What are the payment standards for aged, blind, or disabled (ABD) cash assistance?
Citation of Existing Rules Affected by this Order: Repealing WAC 388-400-0025, 388-404-0010, 388-408-0010, 388-418-0025, 388-424-0016, 388-448-0001, 388-448-0010, 388-448-0020, 388-448-0030, 388-448-0035, 388-448-0040, 388-448-0050, 388-448-0060, 388-448-0070, 388-448-0080, 388-448-0090, 388-448-0100, 388-448-0110, 388-448-0120, 388-448-0130, 388-448-0140, 388-448-0150, 388-448-0160, 388-448-0180, 388-448-0200, 388-448-0210, 388-448-0220, 388-448-0250, 388-450-0110, 388-450-0135, 388-450-0175, 388-462-0011 and 388-478-0030; and amending WAC 388-273-0020, 388-406-0005, 388-406-0045, 388-406-0055, 388-408-0005, 388-416-0010, 388-424-0010, 388-424-0015, 388-436-0030, 388-442-0010, 388-450-0040, 388-450-0045, 388-450-0095, 388-450-0100, 388-450-0115, 388-450-0120, 388-450-0130, 388-450-0156, 388-450-0170, 388-460-0020, 388-460-0040, 388-468-0005, 388-473-0010, 388-474-0010, 388-474-0020, 388-476-0005, 388-478-0035, and 388-486-0005.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.100, 74.04.770, 74.04.0052, 74.04.655, 74.04.770, 74.08.043, 74.08.335.
Other Authority: ESHB 2082, chapter 36, Laws of 2011 1st sp. sess.
Adopted under notice filed as WSR 12-05-023 on February 7, 2012.
Changes Other than Editing from Proposed to Adopted Version: The department originally proposed rules under WSR 11-22-032 on October 26, 2011. Due to significant changes made to the proposed rules, the department filed a supplemental notice as WSR 12-05-023 on February 7, 2012. After the supplemental notice was filed, the department made changes for clarity and to improve readability, and also amended:
| • | WAC 388-449-0005 (1)(b) to remove reference to requiring verification from the individual's employer. |
| • | WAC 388-449-0100(3) to retitle "Social restrictions" as "Social and cognitive limitations." |
| • | WAC 388-449-0200(2) to add: "(c) You are so fearful of the treatment that your fear could interfere with the treatment or reduce its benefits; or (d) You practice an organized religion that prohibits the treatment." |
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 27, Amended 28, Repealed 33.
Number of Sections Adopted at 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 27, Amended 28, Repealed 33.
Date Adopted: April 24, 2012.
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-12 issue of the Register.