PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-08-055.
Title of Rule: WAC 388-448-0001 Who is eligible for general assistance unemployable and 388-448-0005 The following criteria is used to determine if a child is deprived of parental support due to incapacity.
Purpose: The revision to WAC 388-448-001 is being done to meet the requirements of Title 388 WAC, migration and Executive Order 97-02. The revised section will be written in the same clear language format as the new sections that will follow it in chapter 388-448 WAC. WAC 388-448-0005 is being repealed. RCW 74.12.010 was amended to remove the deprivation requirement as a result of the passage of ESB 5798 (chapter 120, Laws of 1999) during the 1999 legislative session.
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: Repeal of WAC 388-448-0005. WAC 388-448-0001 has been rewritten in the clear language format.
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: The rule explains who is eligible for general assistance unemployable.
Proposal Changes the Following Existing Rules: WAC 388-448-0005 was repealed.
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 June 27, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by June 16, 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 June 27, 2000.
Date of Intended Adoption: No sooner than June 28, 2000.
May 11, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2721.5
((To be
eligible for benefits under the general assistance-unemployable
(GA-U) program a client must be:
(1))) For the purposes of this chapter, "we" and "us" refer to the department of social and health services. "You" means the applicant or recipient. In order for you to receive general assistance unemployable (GAU) benefits, we must first determine if you are incapacitated.
(1) We determine you are incapacitated if you are:
(a) Eligible for payments based on Social Security
Administration (SSA) disability criteria; ((or))
(((2))) (b) Eligible for services from the division of
developmental disabilities (DDD); ((or))
(((3))) (c) Diagnosed as mentally retarded ((and the
diagnosis is substantiated by)) based on a full scale score of
seventy or lower on the Wechsler Adult Intelligence Scale (WAIS);
((or))
(((4))) (d) At least sixty-five years ((of age or older ; or
(5) Released from inpatient psychiatric treatment and for ninety days following the date of release if:
(a) Participating in direct outpatient mental health treatment services; and
(b) The release was not against medical advice; or
(6))) old;
(e) Eligible for ((long-term care)) services from aging and
adult services administration; or
(((7) For ninety days after release from a medical
institution where the person received long-term care services
from the aging and adult services administration; or
(8))) (f) Approved by the Progressive Evaluation Process
(PEP)((; or
(9) Still incapacitated at redetermination because their medical or mental condition has not clearly improved and no error is found in the previous incapacity determination)).
(2) We consider you to be incapacitated for ninety days following your release from:
(a) An inpatient psychiatric treatment facility if:
(i) You directly participate in outpatient mental health treatment; and
(ii) The release from in-patient treatment was not against medical advice.
(b) A medical institution where you received long-term care services from the aging and adult services administration.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-448-0001, filed 7/31/98, effective 9/1/98.]