WSR 00-22-062

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 27, 2000, 3:17 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-17-077.

Title of Rule: WAC 388-473-0010 General provisions for ongoing additional requirements.

Purpose: We are expanding eligibility for ongoing additional requirements to include those individuals who are receiving state family assistance (SFA) and tribal TANF.

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: The rule is being revised to include recipients of state family assistance (SFA) and tribal TANF.

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: This rule explains what ongoing additional requirements are and who is eligible for them. This revision includes the state family assistance (SFA) and tribal TANF client populations in the list of those who are eligible for the program.

Proposal Changes the Following Existing Rules: This rule adds SFA and tribal TANF households to the list of those eligible for the program.

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 December 5, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by November 30, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@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 December 5, 2000.

Date of Intended Adoption: No sooner than December 6, 2000.

October 25, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2867.2
AMENDATORY SECTION(Amending WSR 00-15-053, filed 7/17/00, effective 9/1/00)

WAC 388-473-0010
General provisions for ongoing additional requirements.

For the purposes of this chapter, "we" and "us" refers to the department of social and health services.      "You" refers to the applicant or recipient.      An "ongoing additional requirement" is a continuing need that you have for which you require additional financial benefits in order to continue living independently.

     (1) We may authorize ongoing additional requirement benefits if you are:

     (a) Eligible for temporary assistance for needy families (TANF), Tribal TANF, state family assistance (SFA), refugee or general assistance cash, or SSI payments; and

     (b) Aged, blind, or disabled.

     (2) You may apply for ongoing additional requirement benefits by asking for it from staff that maintain your cash or medical assistance.

     (3) We authorize ongoing additional requirement benefits only when we determine the item is essential to you.      In deciding if you are eligible for ongoing additional requirement benefits, we consider and verify:

     (a) The circumstances that created the need; and

     (b) Your health, safety and ability to continue to live independently.

     (4) When we determine ongoing additional requirement benefits are needed, we:

     (a) Increase your cash assistance benefit to provide the additional benefits by monthly payment;

     (b) Periodically review whether you continue to need the additional benefits.      We conduct this review at least:

     (i) Twice a year for TANF and refugee cash assistance recipients;

     (ii) Yearly for general assistance or SSI recipients when we decide the need is not likely to change; or

     (iii) More frequently if we expect your circumstances to change.

     (5) Monthly payment standards for ongoing additional requirements are described under WAC 388-478-0050.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.      00-15-053, § 388-473-0010, filed 7/17/00, effective 9/1/00.]

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