ABD assistance recovery

AN ACT Relating to the recovery of the aged, blind, or disabled 1
assistance program; and amending RCW 74.62.030. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 74.62.030 and 2023 c 289 s 3 are each amended to 4
read as follows: 5
(1)(a) The aged, blind, or disabled assistance program shall 6
provide financial grants to persons in need who: 7
(i) Are not eligible to receive supplemental security income, 8
refugee cash assistance, temporary assistance for needy families, or 9
state family assistance benefits; 10
(ii) Meet the eligibility requirements of subsection (3) of this 11
section; and 12
(iii) Are aged, blind, or disabled. For purposes of determining 13
eligibility for assistance for the aged, blind, or disabled 14
assistance program, the following definitions apply:15
(A) "Aged" means age 65 or older. 16
(B) "Blind" means statutorily blind as defined for the purpose of 17
determining eligibility for the federal supplemental security income 18
program. 19
(C) "Disabled" means likely to meet the federal supplemental 20
security income disability standard. In making this determination, 21
H-1897.1
HOUSE BILL 2040
State of Washington 69th Legislature 2025 Regular Session
By Representatives Macri, Gregerson, and Ormsby
Read first time 03/19/25. Referred to Committee on Appropriations.
p. 1 HB 2040
the department should give full consideration to the cumulative 1
impact of an applicant's multiple impairments, an applicant's age, 2
and vocational and educational history. 3
In determining whether a person is disabled, the department may 4
rely on, but is not limited to, the following: 5
(I) A previous disability determination by the social security 6
administration or the disability determination service entity within 7
the department; or 8
(II) A determination that an individual is eligible to receive 9
optional categorically needy medicaid as a disabled person under the 10
federal regulations at 42 C.F.R. Parts 435, Secs. 201(a)(3) and 210.11
(b) The following persons are not eligible for the aged, blind, 12
or disabled assistance program: 13
(i) Persons who are not able to engage in gainful employment due 14
primarily to a substance use disorder. These persons shall be 15
referred to appropriate assessment, treatment, or shelter services. 16
Referrals shall be made at the time of application or at the time of 17
eligibility review. This subsection may not be construed to prohibit 18
the department from granting aged, blind, or disabled assistance 19
benefits to persons with a substance use disorder who are 20
incapacitated due to other physical or mental conditions that meet 21
the eligibility criteria for the aged, blind, or disabled assistance 22
program; or 23
(ii) Persons for whom there has been a final determination of 24
ineligibility based on age, blindness, or disability for federal 25
supplemental security income benefits. 26
(c) Persons may receive aged, blind, or disabled assistance 27
benefits and essential needs and housing program support under RCW 28
43.185C.220 concurrently while pending application for federal 29
supplemental security income benefits. Effective October 1, ((2025)) 30
2028, a person's receipt of supplemental security income received for 31
the same period as aged, blind, or disabled program assistance as 32
described in this section shall not be considered a debt due to the 33
state and is not subject to recovery. However, the monetary value of 34
aged, blind, or disabled cash assistance paid prior to October 1, 35
((2025)) 2028, that is duplicated by the person's receipt of 36
supplemental security income for the same period shall be considered 37
a debt due to the state and shall by operation of law be subject to 38
recovery through all available legal remedies. 39
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(2) The pregnant women assistance program shall provide financial 1
grants to persons who: 2
(a) Are pregnant and in need, based upon the current income and 3
resource standards of the federal temporary assistance for needy 4
families program, but are ineligible for federal temporary assistance 5
for needy families or state family assistance benefits for a reason 6
other than failure to cooperate in program requirements; and7
(b) Meet the eligibility requirements of subsection (3) of this 8
section. 9
(3) To be eligible for the aged, blind, or disabled assistance 10
program under subsection (1) of this section or the pregnant women 11
assistance program under subsection (2) of this section, a person 12
must: 13
(a) Be a citizen or alien lawfully admitted for permanent 14
residence or otherwise residing in the United States under color of 15
law, or be a victim of human trafficking as defined in RCW 74.04.005;16
(b) Meet the income and resource standards described in RCW 17
74.04.805(1) (d) and (e); 18
(c)(i) Have furnished the department with their social security 19
number. If the social security number cannot be furnished because it 20
has not been issued or is not known, an application for a number 21
shall be made prior to authorization of benefits, and the social 22
security number shall be provided to the department upon receipt;23
(ii) This requirement does not apply to victims of human 24
trafficking as defined in RCW 74.04.005 if they have not been issued 25
a social security number; 26
(d) Not have refused or failed without good cause to participate 27
in substance use treatment if an assessment by a certified substance 28
use disorder professional indicates a need for such treatment. Good 29
cause must be found to exist when a person's physical or mental 30
condition, as determined by the department, prevents the person from 31
participating in substance use treatment, when needed outpatient 32
treatment is not available to the person in the county of their 33
residence, when needed inpatient treatment is not available in a 34
location that is reasonably accessible for the person, or when the 35
person is a parent or other relative personally providing care for a 36
minor child or an incapacitated individual living in the same home as 37
the person, and child care or day care would be necessary for the 38
person to participate in substance use disorder treatment, and such 39
care is not available; and 40
p. 3 HB 2040
(e) Not have refused or failed to cooperate in obtaining federal 1
aid assistance, without good cause. 2
(4) Referrals for essential needs and housing support under RCW 3
43.185C.220 shall be provided to persons found eligible under RCW 4
74.04.805. 5
(5) No person may be considered an eligible individual for 6
benefits under this section with respect to any month if during that 7
month the person: 8
(a) Is fleeing to avoid prosecution of, or to avoid custody or 9
confinement for conviction of, a felony, or an attempt to commit a 10
felony, under the laws of the state of Washington or the place from 11
which the person flees; or 12
(b) Is violating a condition of probation, community supervision, 13
or parole imposed under federal or state law for a felony or gross 14
misdemeanor conviction. 15
(6) The department must share client data for individuals 16
eligible for essential needs and housing support with the department 17
of commerce and designated essential needs and housing support 18
entities as required under RCW 43.185C.230. 19
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