WSR 13-19-065

PROPOSED RULES

[Filed September 17, 2013, 9:18 a.m.]

Preproposal statement of inquiry was filed as WSR 13-15-122.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-442-0010 How does being a fleeing felon impact my eligibility for benefits? and creating WAC 388-400-0065 Housing and essential needs (HEN), 388-400-0070 Who is eligible for referral to the housing and essential needs (HEN) program?, 388-406-0056 When does my eligibility for referral to the housing and essential needs (HEN) program begin?, 388-408-0070 Who is included in my assistance unit when the department determines eligibility for referral to the housing and essential needs (HEN) program?, 388-447-0001 What are the incapacity requirements for referral to the housing and essential needs (HEN) program?, 388-447-0005 What evidence does the department consider to determine incapacity?, 388-447-0010 What medical evidence do I need to provide?, 388-447-0020 How does the department assign severity ratings to my impairments?, 388-447-0030 Progressive evaluation process step I—How does the department review the medical evidence required for an incapacity determination?, 388-447-0040 Progressive evaluation process step II—How does the department determine the severity of mental impairments?, 388-447-0050 Progressive evaluation process step III—How does the department determine the severity of physical impairments?, 388-447-0060 Progressive evaluation process step IV—How does the department determine the severity of multiple impairments?, 388-447-0070 Progressive evaluation process step V—How does the department determine the impact of a mental impairment on my ability to function in a work environment?, 388-447-0080 Progressive evaluation process step VI—How does the department determine the impact of a physical impairment on my ability to function in a work setting?, 388-447-0090 Progressive evaluation process step VII—How does the department determine ability to perform past work?, 388-447-0100 Progressive evaluation process step VIII—How does the department determine ability to perform other work?, 388-447-0110 When does my eligibility for referral to the housing and essential needs (HEN) program end?, 388-447-0120 How does alcohol or drug dependence affect my eligibility for referral to the housing and essential needs (HEN) program?, 388-450-0113 Does the department allocate income of a HEN referral recipient to legal dependents?, 388-450-0138 Does the department allocate income of an ineligible spouse to a housing and essential needs (HEN) referral recipient?, and 388-450-0178 Does the department offer an income deduction for housing and essential needs (HEN) referral applicants and recipients as an incentive to work?, and any other related rules as required by SHB 2069.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on November 5, 2013, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 6, 2013.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m., November 5, 2013.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 22, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-442-0010 and create WAC 388-400-0065, 388-400-0070, 388-406-0056, 388-408-0070, 388-447-0001, 388-447-0005, 388-447-0010, 388-447-0020, 388-447-0030, 388-447-0040, 388-447-0050, 388-447-0060, 388-447-0070, 388-447-0080, 388-447-0090, 388-447-0100, 388-447-0110, 388-447-0120, 388-450-0113, 388-450-0138, and 388-450-0178 in order to comply with SHB 2069, Laws of 2013.

Reasons Supporting Proposal: These changes are necessary to conform to SHB 2069, Laws of 2013, which requires the department to determine eligibility for referral to the HEN program.

Statutory Authority for Adoption: SHB 2069, RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.08.025, 74.62.030.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Shane Riddle, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4352.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments and proposed rules are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and riles [rules] concerning liability for care of dependents."

September 11, 2013

Katherine I. Vasquez

Rules Coordinator