Date of Adoption: July 10, 2000.

Purpose: The purpose of the revision is to meet the requirements of Executive Order 97-02. This rule was rewritten in the clear language format.

Citation of Existing Rules Affected by this Order: Amending WAC 388-448-0001.

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090.

Adopted under notice filed as WSR 00-11-127 on May 22, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: September 1, 2000.

July 10, 2000

Edith M. Rice, Chief

Office of Legal Affairs

((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.]

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