WSR 04-12-102

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 2, 2004, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-08-070.

Title of Rule: State supplementary payment program, WAC 388-827-0110, 388-827-0115, 388-827-0175, 388-827-0185, and 388-827-0410.

Purpose: The purpose of these rules is to expand the population eligible to receive the state supplementary payment (SSP) administered by the Division of Developmental Disabilities (DDD) and to limit SSP eligibility for certain individuals on a home and community-based services waiver administered by DDD.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.10.020.

Statute Being Implemented: Chapters 71A.10 and 71A.12 RCW.

Summary: These rules expand the population eligible to receive the SSP to include individuals who would be eligible for supplemental security income except for the receipt of Social Security Title II benefits as a disabled adult child. They limit SSP eligibility for certain individuals on a home and community-based services waiver administered by DDD. They clarify when the department may terminate the SSP and establish overpayments in light of these new rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steve Brink, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, (360) 902-7716, fax (360) 902-8482.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.

Proposal Changes the Following Existing Rules: WAC 388-827-0110, expands the eligible SSP population to include individuals who would be eligible for SSI if the individual was not receiving Social Security Title II benefits as a disabled adult child.

WAC 388-827-0115, limits eligibility for SSP for individuals on a home and community-based services waiver administered by DDD to those individuals who were eligible for or received SSI prior to April 1, 2004, and who were determined eligible for SSP prior to April 1, 2004.

WAC 388-827-0175, requires individuals to report if they become ineligible for SSI for reasons other than the receipt of Social Security Title II benefits as a disabled adult child.

WAC 388-827-0185, clarifies when the department will terminate the SSP.

WAC 388-827-0410, clarifies when the department may establish an overpayment.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because these rules do not impact small businesses as described in RCW 19.85.020.

RCW 34.05.328 does not apply to this rule adoption. These rules are exempt from this requirement under RCW 34.05.328 (5)(b)(vii). These rules relate only to client financial eligibility.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 6, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 1, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., July 6, 2004.

Date of Intended Adoption: Not earlier than July 7, 2004.

May 24, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3410.2
AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0110   What are the financial eligibility requirements to receive DDD/SSP?   (1) You must be eligible for or receive supplemental security income (SSI) cash assistance in the month in which the DDD/SSP is issued; or

(2) You receive Social Security Title II benefits as a disabled adult child and you would be eligible for SSI if you did not receive these benefits.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0110, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0115   What are the programmatic eligibility requirements for DDD/SSP?   (1) You received one or more of the following services from DDD with state-only funding between March 1, 2001 and June 30, 2003 and continue to demonstrate a need for and meet the DDD program eligibility requirements for these services.

(a) Certain voluntary placement program services, which include:

(i) Foster care basic maintenance,

(ii) Foster care specialized support,

(iii) Agency specialized support,

(iv) Staffed residential home,

(v) Out-of-home respite care,

(vi) Agency in-home specialized support,

(vii) Group care basic maintenance,

(viii) Group care specialized support,

(ix) Transportation,

(x) Agency attendant care,

(xi) Child care,

(xii) Professional services,

(xiii) Nursing services,

(xiv) Interpreter services,

(b) Family support;

(c) One or more of the following residential services:

(i) Adult family home,

(ii) Adult residential care facility,

(iii) Alternative living,

(iv) Group home,

(v) Supported living,

(vi) Agency attendant care,

(vii) Supported living or other residential service allowance,

(viii) Intensive individual supported living support (companion homes).

(2) For individuals with community protection issues as defined in WAC 388-820-020, the department will determine eligibility for SSP on a case-by-case basis.

(3) For new authorizations of family support opportunity:

(a) You were on the family support opportunity waiting list prior to January 1, 2003; and

(b) You are on the home and community based services (HCBS) waiver administered by DDD; and

(c) You continue to meet the eligibility requirements for the family support opportunity program contained in WAC 388-825-200 through 388-825-242.

(4) For individuals on one of the HCBS waivers administered by DDD (Basic, Basic Plus, Core or Community Protection):

(a) You must have been eligible for or received SSI prior to April 1, 2004; and

(b) You were determined eligible for SSP prior to April 1, 2004.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0115, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0175   What changes must I report to the department?   You must report changes in your circumstances within ten days from the date you become aware of the change. You must tell us if:

(1) Your SSI stops and you became ineligible for SSI for reasons other than the receipt of Social Security Title II benefits as a disabled adult child;

(2) Your address changes; or

(3) There is a change in your living arrangement that affects your assessed need.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0175, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0185   When will the department stop sending my DDD/SSP money?   The department will stop sending your DDD/SSP money when:

(1) You no longer are eligible for or receive SSI cash benefits and are ineligible for SSI for reasons other than the receipt of Social Security Title II benefits as a disabled adult child;

(2) You no longer demonstrate a need for the services as described in WAC 388-827-0115; or

(3) Your DDD eligibility is terminated.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0185, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0410   When can an overpayment occur?   An overpayment can occur when:

(1) You were not eligible for and did not receive supplemental security income in the month in which the SSP was issued and were ineligible for SSI for reasons other than the receipt of Social Security Title II benefits as a disabled adult child;

(2) You were no longer eligible for services from the division of developmental disabilities in the month in which the SSP was issued; or

(3) Your assessed need has changed.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0410, filed 12/29/03, effective 1/29/04.]

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