(1)
When am I exempt from mandatory
participation?
Except as provided in subsection (4) of this section, you are
exempt from mandatory participation if you are:
(a) A caretaker relative as defined by WAC
388-454-0010,
included in the assistance unit and:
(i) You
are 55 years of age or older and caring for a child and you are not the child's
parent; and
(ii) Your age is
verified by any reliable documentation (such as a birth certificate or a
driver's license).
(b)
An adult with a severe and chronic disability as defined below:
(i) You have been assessed by a DSHS SSI
facilitator as likely to be approved for SSI or other benefits and are required
to apply for SSI or another type of federal disability benefit (such as
railroad retirement or Social Security disability) in your individual
responsibility plan. Your SSI application status may be verified through the
SSI facilitator and/or state data exchange; or
(ii) Your disability is a severe and chronic
mental, physical, emotional, or cognitive impairment that prevents you from
participating in work activities for more than 10 hours a week and is expected
to last at least 12 months. Your disability and ability to participate must be
verified by documentation from the division of developmental disabilities
(DDD), division of vocational rehabilitation (DVR), home and community services
division (HCS), division of mental health (MHD), behavioral health organization
(BHO), and/or regional service area (RSA), or evidence from one of the medical
or mental health professionals listed in subsection (2) of this
section.
(c) Required in
the home to care for a child with special needs when:
(i) The child has a special medical,
developmental, mental, or behavioral condition; and
(ii) The child is determined by a public
health nurse, school professional, one of the medical or mental health
professionals listed in subsection (2) of this section, HCS, MHD, BHO, and/or
an RSA to require specialized care or treatment that prevents you from
participating in work activities for more than 10 hours per week.
(d) Required to be in the home to
care for another adult with disabilities when:
(i) The adult with disabilities cannot be
left alone for significant periods of time; and
(ii) No adult other than yourself is
available and able to provide the care; and
(iii) The adult with the disability is
related to you; and
(iv) You are
unable to participate in work activities for more than 10 hours per week
because you are required to be in the home to provide care; and
(v) The disability and your need to care for
your disabled adult relative is verified by documentation from DDD, DVR, HCS,
MHD, BHO and/or an RSA, or evidence from one of the medical or mental health
professionals listed in subsection (2) of this section.
(e) Determined by the department to be unable
to participate in WorkFirst activities due to a declared state of
emergency.
(2)
What types of medical or mental health professionals can provide medical
evidence when I have a disability?
We accept medical evidence from the following sources when
considering disability:
(a) For a
physical impairment:
(i) A physician, which
includes:
(A) Medical doctor (M.D.);
and
(B) Doctor of osteopathy
(D.O.);
(ii) An advanced
registered nurse practitioner (ARNP) for physical impairments;
(iii) A physician's assistant
(P.A.);
(iv) A doctor of optometry
(O.D.) for visual acuity impairments; or
(v) Doctor of podiatry (D.P.) for foot
disorders;
(b) For a
mental impairment:
(i) A
psychiatrist;
(ii) A
psychologist;
(iii) An ARNP
certified in psychiatric nursing;
(iv) A mental health professional provided
the person's training and qualifications at a minimum include a master's
degree; or
(v) A physician who is
currently treating you for a mental impairment.
(c) We do not accept medical evidence from
the medical professionals listed in subsections (2)(a) and (b), unless they are
licensed in Washington state or the state where the examination was
performed.
(3)
Who
reviews and approves an exemption from participation?
(a) If it appears that you may qualify for an
exemption or you ask for an exemption, your case manager or social worker will
review the information and we may use the case staffing process to determine
whether the exemption will be approved. Case staffing is a process to bring
together a team of multidisciplinary experts including relevant professionals
and the client to identify participant issues, review case history and
information, and recommend solutions.
(b) If additional medical or other
documentation is needed to determine if you are exempt, your IRP will allow
between 30 days and up to 90 if approved to gather the necessary
documentation.
(c) Information
needed to verify your exemption should meet the standards for verification
described in WAC
388-490-0005.
If you need help gathering information to verify your exemption, you can ask us
for help. If you have been identified as needing NSA services, under chapter
388-472 WAC, your accommodation plan should include information on how we will
assist you with getting the verification needed.
(d) After a case staffing, we will send you a
notice that tells you whether your exemption was approved, how to request a
fair hearing if you disagree with the decision, and any changes to your IRP
that were made as a result of the case staffing.
(4)
If I am an adult who is exempt due
to my severe and chronic disability, can I still be required to participate in
the WorkFirst program?
When you are exempt due to your severe and chronic
disability, you may be required to do one or both of the following:
(a) Pursue SSI or another type of federal
disability benefit;
(b)
Participate in available treatment that is recommended by your treating medical
or mental health provider or by a chemical dependency professional.
(5)
Can I participate in
WorkFirst while I am exempt?
(a) You
may choose to fully participate in WorkFirst while you are exempt.
(b) Your WorkFirst case manager may refer you
to other service providers who may help you improve your skills and move into
employment.
(c) If you decide later
to stop participating, and you still qualify for an exemption, you will be put
back into exempt status with no financial penalty.
(6)
Does an exemption from
participation affect my 60-month time limit for receiving TANF/SFA
benefits?
Even if exempt from participation, each month you receive a
TANF/SFA grant counts toward your 60-month limit as described in WAC
388-484-0005.
(7)
How long will my
exemption last?
Unless you are an older caretaker relative, your exemption
will be reviewed at least every 12 months to make sure that you still meet the
criteria for an exemption. Your exemption will continue as long as you continue
to meet the criteria for an exemption.
(8)
What happens when I am no longer
exempt? If you are no longer exempt, then:
(a) You will become a mandatory participant
under WAC
388-310-0400;
and
(b) If you have received 60 or
more months of TANF/SFA, your case will be reviewed for an extension. (See WAC
388-484-0006
for a description of TANF/SFA time limit extensions.)
Notes
Wash. Admin. Code §
388-310-0350
Amended by
WSR
15-24-056, Filed 11/24/2015, effective
1/1/2016
Amended by
WSR
21-12-004, Filed 5/19/2021, effective
7/1/2021
Amended by
WSR
22-21-037, Filed 10/7/2022, effective
11/7/2022
Statutory Authority:
RCW
74.04.050,
74.04.055,
74.04.057,
74.08.090, and
chapters
74.08A and
74.12 RCW. 10-24-013, §
388-310-0350, filed 11/18/10, effective 12/19/10. Statutory Authority:
RCW
74.04.050,
74.08.090, and 74.08A.340.
09-16-079, § 388-310-0350, filed 7/31/09, effective 9/1/09; 03-24-057,
§ 388-310-0350, filed 12/1/03, effective 1/1/04. Statutory Authority:
RCW
74.08A.010(4), 74.08A.340,
74.08.090,
74.04.050. 02-12-068, §
388-310-0350, filed 5/31/02, effective
6/1/02.