SOCIAL AND HEALTH SERVICES
Date of Adoption: March 12, 2004.
Purpose: The department is adopting a new subchapter in chapter 388-25 WAC that allows Children's Administration to participate in the state supplementary payment (SSP) program. Children's Administration began paying this income supplement to eligible foster children January 1, 2004.
Statutory Authority for Adoption: RCW 74.04.050.
Other Authority: Chapter 371, Laws of 2002 (2001-03 Supplemental Budget - ESSB 6387), RCW 74.04.600 and 74.13.031.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The state legislature in adopting ESSB 6387 (chapter 371, Laws of 2002), directed specific DSHS programs (ESA, DDD, MAA, ADSA) to begin paying an income supplement, called state supplementary payment.
The programs directed by the legislature to participate (ESA, DDD, MAA, ADSA) were not able to meet the federal requirement for maintenance of effort. On July 18, 2003, the Social Security Administration informed the state that it did not satisfy requirements under section 1616(a) and 1618 of the Social Security Act ("the act"), 42 U.S.C. 1382(e)[a], 42 U.S.C. 1382(g) and regulations at 20 C.F.R. 416.2001 and 20 C.F.R. 416.2095-.2099. Failure to comply with these requirements jeopardizes the department's ability to receive federal financial participation under Title XIX of the act.
Immediate adoption is necessary to preserve the public health and general welfare by allowing the state to continue to receive federal financial participation (FFP) for its Medicaid program under Title XIX of the act. The loss of FFP would effectively terminate medical assistance under Title XIX for low-income families and individuals in the state of Washington. Children's Administration has elected to begin participation in the state supplementary payment as of January 1, 2004, to prevent the loss of FFP through contributing to Washington state's maintenance of effort requirement. This action will also directly benefit foster children served through this division.
Emergency adoption of these rules is necessary to implement ESSB 6387, to comply with the requirements of federal law cited above, and to implement the 2004 plan for Children's Administration to participate in disbursing state supplementary payments which was approved by the federal government on February 13.
Number of Sections Adopted in Order to Comply with Federal Statute: New 6, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
March 12, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3383.1STATE SUPPLEMENTARY PAYMENT PROGRAM