us-wa/statute/session-laws/2018

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us-wa/statute/session-laws/2018 · Axiom

(chapter-40)Laws of 2018, chapter 40 (E2SHB 1831): Public assistance - resource limits#

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CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1831 Chapter 40, Laws of 2018 65th Legislature 2018 Regular Session PUBLIC ASSISTANCE--RESOURCE LIMITS EFFECTIVE DATE: February 1, 2019 Passed by the House February 7, 2018 Yeas 84 Nays 14 FRANK CHOPP Speaker of the House of Representatives Passed by the Senate March 2, 2018 Yeas 36 Nays 12 CYRUS HABIB President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1831 as passed by House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved March 13, 2018 10:43 AM FILED March 13, 2018 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington

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AN ACT Relating to revising resource limitations for public 1 assistance; reenacting and amending RCW 74.04.005; creating a new 2 section; and providing an effective date. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 74.04.005 and 2011 1st sp.s. c 36 s 8 and 2011 1st 5 sp.s. c 15 s 61 are each reenacted and amended to read as follows: 6 For the purposes of this title, unless the context indicates 7 otherwise, the following definitions shall apply: 8 (1) "Aged, blind, or disabled assistance program" means the 9 program established under RCW 74.62.030. 10 (2) "Applicant" means any person who has made a request, or on 11 behalf of whom a request has been made, to any county or local office 12 for assistance. 13 (3) "Authority" means the health care authority. 14 (4) "County or local office" means the administrative office for 15 one or more counties or designated service areas. 16 (5) "Department" means the department of social and health 17 services. 18 (6) "Director" means the director of the health care authority. 19 (7) "Essential needs and housing support program" means the 20 program established in RCW 43.185C.220. 21 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1831 Passed Legislature - 2018 Regular Session State of Washington 65th Legislature 2018 Regular Session By House Appropriations (originally sponsored by Representatives Pettigrew, Macri, Santos, Ortiz-Self, Frame, Kagi, Fitzgibbon, Stanford, Ormsby, and Pollet) READ FIRST TIME 01/23/18. p. 1 E2SHB 1831.SL

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(chapter-40)Laws of 2018, chapter 40 (E2SHB 1831): Public assistance - resource limits#

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(8) "Federal aid assistance" means the specific categories of 1 assistance for which provision is made in any federal law existing or 2 hereafter passed by which payments are made from the federal 3 government to the state in aid or in respect to payment by the state 4 for public assistance rendered to any category of needy persons for 5 which provision for federal funds or aid may from time to time be 6 made, or a federally administered needs-based program. 7 (9) "Income" means: 8 (a) All appreciable gains in real or personal property (cash or 9 kind) or other assets, which are received by or become available for 10 use and enjoyment by an applicant or recipient during the month of 11 application or after applying for or receiving public assistance. The 12 department may by rule and regulation exempt income received by an 13 applicant for or recipient of public assistance which can be used by 14 him or her to decrease his or her need for public assistance or to 15 aid in rehabilitating him or her or his or her dependents, but such 16 exemption shall not, unless otherwise provided in this title, exceed 17 the exemptions of resources granted under this chapter to an 18 applicant for public assistance. In addition, for cash assistance the 19 department may disregard income pursuant to RCW 74.08A.230 and 20 74.12.350. 21 (b) If, under applicable federal requirements, the state has the 22 option of considering property in the form of lump sum compensatory 23 awards or related settlements received by an applicant or recipient 24 as income or as a resource, the department shall consider such 25 property to be a resource. 26 (10) "Need" means the difference between the applicant's or 27 recipient's standards of assistance for himself or herself and the 28 dependent members of his or her family, as measured by the standards 29 of the department, and value of all nonexempt resources and nonexempt 30 income received by or available to the applicant or recipient and the 31 dependent members of his or her family. 32 (11) "Public assistance" or "assistance" means public aid to 33 persons in need thereof for any cause, including services, medical 34 care, assistance grants, disbursing orders, work relief, benefits 35 under RCW 74.62.030 and 43.185C.220, and federal aid assistance. 36 (12) "Recipient" means any person receiving assistance and in 37 addition those dependents whose needs are included in the recipient's 38 assistance. 39 p. 2 E2SHB 1831.SL

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(13) "Resource" means any asset, tangible or intangible, owned by 1 or available to the applicant at the time of application, which can 2 be applied toward meeting the applicant's need, either directly or by 3 conversion into money or its equivalent. The department may by rule 4 designate resources that an applicant may retain and not be 5 ineligible for public assistance because of such resources. Exempt 6 resources shall include, but are not limited to: 7 (a) A home that an applicant, recipient, or their dependents is 8 living in, including the surrounding property; 9 (b) Household furnishings and personal effects; 10 (c) ((A)) One motor vehicle, other than a motor home, used and 11 useful having an equity value not to exceed ((five)) ten thousand 12 dollars; 13 (d) A motor vehicle necessary to transport a household member 14 with a physical disability. This exclusion is limited to one vehicle 15 per person with a physical disability; 16 (e) All other resources, including any excess of values exempted, 17 not to exceed ((one)) six thousand dollars or other limit as set by 18 the department, to be consistent with limitations on resources and 19 exemptions necessary for federal aid assistance((. The department 20 shall also allow recipients of temporary assistance for needy 21 families to exempt savings accounts with combined balances of up to 22 an additional three thousand dollars)); 23 (f) Applicants for or recipients of benefits under RCW 74.62.030 24 and 43.185C.220 shall have their eligibility based on resource 25 limitations consistent with the temporary assistance for needy 26 families program rules adopted by the department; and 27 (g) If an applicant for or recipient of public assistance 28 possesses property and belongings in excess of the ceiling value, 29 such value shall be used in determining the need of the applicant or 30 recipient, except that: (i) The department may exempt resources or 31 income when the income and resources are determined necessary to the 32 applicant's or recipient's restoration to independence, to decrease 33 the need for public assistance, or to aid in rehabilitating the 34 applicant or recipient or a dependent of the applicant or recipient; 35 and (ii) the department may provide grant assistance for a period not 36 to exceed nine months from the date the agreement is signed pursuant 37 to this section to persons who are otherwise ineligible because of 38 excess real property owned by such persons when they are making a 39 good faith effort to dispose of that property if: 40 p. 3 E2SHB 1831.SL

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(A) The applicant or recipient signs an agreement to repay the 1 lesser of the amount of aid received or the net proceeds of such 2 sale; 3 (B) If the owner of the excess property ceases to make good faith 4 efforts to sell the property, the entire amount of assistance may 5 become an overpayment and a debt due the state and may be recovered 6 pursuant to RCW 43.20B.630; 7 (C) Applicants and recipients are advised of their right to a 8 fair hearing and afforded the opportunity to challenge a decision 9 that good faith efforts to sell have ceased, prior to assessment of 10 an overpayment under this section; and 11 (D) At the time assistance is authorized, the department files a 12 lien without a sum certain on the specific property. 13 (14) "Secretary" means the secretary of social and health 14 services. 15 (15) "Standards of assistance" means the level of income required 16 by an applicant or recipient to maintain a level of living specified 17 by the department. 18 (16) For purposes of determining eligibility for public 19 assistance and participation levels in the cost of medical care, the 20 department shall exempt restitution payments made to people of 21 Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 22 1988 and the Aleutian and Pribilof Island Restitution Act passed by 23 congress, P.L. 100-383, including all income and resources derived 24 therefrom. 25 (17) In the construction of words and phrases used in this title, 26 the singular number shall include the plural, the masculine gender 27 shall include both the feminine and neuter genders, and the present 28 tense shall include the past and future tenses, unless the context 29 thereof shall clearly indicate to the contrary. 30 NEW SECTION. Sec. 2. If specific funding for the purposes of 31 this act, referencing this act by bill or chapter number, is not 32 provided by June 30, 2018, in the omnibus appropriations act, this 33 act is null and void. 34 NEW SECTION. Sec. 3. This act takes effect February 1, 2019. 35 Passed by the House February 7, 2018. Passed by the Senate March 2, 2018. Approved by the Governor March 13, 2018. p. 4 E2SHB 1831.SL

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