WSR 04-03-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 20, 2004, 3:54 p.m. ]

Supplemental Notice to WSR 03-21-124.

Preproposal statement of inquiry was filed as WSR 03-18-101 on September 2, 2003.

Title of Rule: WAC 388-478-0055 How much do I get from my supplemental security income (SSI) and state supplemental payments (SSP).

Purpose: To amend the rule adding the additional categories of SSI recipients who get a SSP along with their respective payment rates. This change updates SSP payment amounts and includes payment amount information for calendar year 2004.

Other Identifying Information: This is a supplemental filing notice. The original hearing was held on November 25, 2003.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Summary: This rule notifies of a change in the state SSP payment amounts for all categories if SSP recipients to include the new two additional categories of SSI recipients who will begin getting an SSP in November 2003. The new rule references SSP payment amounts for calendar year 2004. The changes to the rule include removing references to SSI payment amounts. SSI is a federal program. Federal payment amounts for SSI can be accessed through the Social Security Administration. SSP is a state program with payment amounts that reflect federal requirements for states to expend maintenance of effort funds on SSI recipients and as such these amounts are controlled and adjusted as needed by the state. SSP recipients rely on WAC for SSP payment information.

Reasons Supporting Proposal: The state is federal mandated to expend $28.9 million every year as a supplemental payment to SSI recipient or those who are SSI eligible except for income. SSP must remain within a payment range that will assure that federal SSP spending requirements are met annually. Failure to fully expend the $28.9 million could result in federal sanctions to state Medicaid funding amounting to about $3 billion annually. To keep the payments within the federal expenditure requirements, the amount of the monthly SSP payment must be amended periodically. WAC 388-478-0057 Year-end adjustments to the SSI state supplemental, provides DSHS the authority to amend SSP payment amounts to be in compliance with the total federal spending mandate.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, 1009 College S.E., Lacey, WA 98504, (360) 413-3074.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 20 CFR sections 416.2095-.2099.

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule, Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal rules mandated by Title 20 of the Code of Federal Regulations Parts 416.2095 through 416.2099 regarding how much the state is required to expend every year to SSI recipients or those who are SSI-eligible except for income. These rules stipulate that SSP must remain within a payment range to ensure that federal SSP spending requirements are met annually. Failure to fully expend the $28.9 million could result in federal sanctions to state Medicaid funding amounting to about $3 billion annually.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 24, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 17, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov [fernaax@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 24, 2004.

Date of Intended Adoption: No earlier than February 25, 2004.

January 15, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3300.5
AMENDATORY SECTION(Amending WSR 03-03-114, filed 1/21/03, effective 2/23/03)

WAC 388-478-0055   How much do I get from my ((Supplemental Security Income (SSI) and)) state supplemental payments (SSP)?   (1) ((SSI is a federal cash assistance program for needy individuals and couples who meet federal disability guidelines as aged, blind or disabled.)) The SSP is a payment from the state for certain SSI eligible people (see WAC 388-474-0012).

((If you are eligible for SSI, you may receive a federal cash payment from the federal Social Security Administration, as well as a SSP cash payment from the state.))

If you ((were)) converted to the federal SSI program from state assistance ((to the federal SSI program in January 1974)) in January 1974, because you were aged, blind, or disabled, and have remained continously eligible for SSI since January 1974, the department calls you a grandfathered client. Social Security calls you a mandatory income level (MIL) client. ((To be a grandfathered (MIL) client, you must have remained continuously eligible for SSI from January 1974.))

A change in living situation, cost-of-living adjustment (COLA) or federal payment level (FPL) can affect a grandfathered (MIL) client. A grandfathered (MIL) client gets a federal SSI payment and a SSP payment, which totals the higher of one of the following:

(a) The state assistance standard set in December 1973, unless you lived in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

(b) The current payment standard.

(2) The ((federal, state and combined payment level for an eligible individual and couple are:

(a) If you are living alone.)) monthly SSP rates for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:


((LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions)) SSP eligible persons ((Federal

Payment Level))

((State Supplement

Payment Level)) Monthly SSP Rate

((Combined Federal/

State Payment Level))

Individual (aged 65 and older) -Calendar Year 2004 (($552.00)) $((0.00))

46.00

(($552.00))
Individual ((with:

One essential person)) (blind as determined by SSA) -Calendar Year 2004

((829.00)) ((0.00))

$46.00

((829.00))
Individual with an ineligible spouse - Calendar Year 2004 (($552.00)) $((100.00))

46.00

(($652.00))
((Couple)) Grandfathered (MIL) (($829.00)) (($0.00)) Varies by individual based on federal requirements. Payments range between $0.54 and $199.77. (($829.00))
((Couple with one essential person)) (($829.00)) (($0.00)) (($829.00))

(((b) If you are in shared living.))


((SHARED LIVING - In the home of another person)) Medical institution ((Federal

Payment Level))

((State Supplement Payment Level)) Monthly SSP Rate ((Combined Federal/

State Payment Level))

Individual (($368.00)) $((0.00))

11.62

(($368.00))
((Individual with:

One essential person))

((665.00)) ((0.00)) ((665.00))
((Individual with an ineligible spouse)) (($368.00)) (($100.00)) (($468.00))
((Couple)) (($552.67)) (($0.00)) (($552.67))
((Couple with one essential person)) (($665.00)) (($0.00)) (($665.00))

(((c) If you are residing in a medical institution: Area 1 and 2.))


((MEDICAL INSTITUTION)) ((Federal

Payment Level))

((State Supplement Payment Level)) ((Combined

Payment Level))

((Individual)) (($ 30.00)) (($ 11.62)) (($ 41.62))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-03-114, 388-478-0055, filed 1/21/03, effective 2/23/03. Statutory Authority: RCW 74.08.090, 74.04.057. 01-19-024, 388-478-0055, filed 9/12/01, effective 11/1/01; 01-08-015, 388-478-0055, filed 3/23/01, effective 5/1/01. Statutory Authority: RCW 74.08.090. 00-20-054, 388-478-0055, filed 9/29/00, effective 11/1/00. Statutory Authority: RCW 74.08.090 and 74.04.057. 00-11-130, 388-478-0055, filed 5/22/00, effective 7/1/00; 99-18-063, 388-478-0055, filed 8/30/99, effective 10/1/99. Statutory Authority: RCW 74.08.090 and 74.04.630. 99-04-103, 388-478-0055, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0055, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1115.]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office