WSR 04-13-134

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed June 22, 2004, 3:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-085.

Title of Rule and Other Identifying Information: WAC 388-478-0080 Supplemental security income (SSI) standards, SSI-related categorically needy income level (CNIL), and countable resource standards.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on July 27, 2004, at 10:00 a.m.

Date of Intended Adoption: Not sooner than July 28, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., July 27, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by July 23, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment updates the categorically needy income level (CNIL) SSI-related standards based on a federal standard increase. This rule now includes the SSI standards since these were removed from WAC 388-478-0055.

Reasons Supporting Proposal: A change in federal standards as published in Federal Register February 13, 2004 (Vol. 69, No. 30).

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

Statute Being Implemented: RCW 74.09.500, 42 U.S.C. 9902(2).

Rule is necessary because of federal law, 42 U.S.C. 9902(2).

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule revision does not affect small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This DSHS rule related to client medical and financial eligibility is exempt from the provisions of RCW 34.05.328.

June 18, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3224.5
AMENDATORY SECTION(Amending WSR 02-10-116, filed 4/30/02, effective 5/31/02)

WAC 388-478-0080   Supplemental security income (SSI) standards; SSI-related categorically needy income level (CNIL); and countable resource standards.   (1) The SSI payment standards, also known as the federal benefit rate (FBR), beginning January 1, 2004 are:

(a) Living alone (in own home or alternate care, does not include nursing homes or medical situations)


Individual $564
Individual with an ineligible spouse $564
Couple $846
(b) Shared living (in the home of another)


Individual $376
Individual with an ineligible spouse $376
Couple $564
(c) Living in an institution


Individual $30

(2) See WAC 388-478-0055 for the amount of the state supplemental payments (SSP) for SSI recipients.

(3) The SSI-related CNIL standard ((is the same as the SSI monthly payment standard based upon the area of the state where the person lives)) varies in area 1 and area 2 for a single person. Area 1 is defined as the following counties: King, Pierce, Snohomish, Thurston, and Kitsap. ((Area 2 is)) All other counties((. Beginning January 1, 2002, the CNIL monthly income standards are as follows)) are area 2. The SSI-related CNIL standards are:


Area 1 Area 2
(a) Single person $570.90 $((550.45)) 564.00
(b) ((A legally married couple who are both eligible))
(($836.90)) (($817.00))
Married couple - both eligible 846.00 846.00
(c) Supplied shelter -single person (($367.05)) 376.00 (($367.05)) 376.00
(d) Supplied shelter couple - both eligible 564.00 564.00

(((2))) (4) The countable resource standards for ((the)) SSI and SSI-related CN medical ((program)) programs are:


(a) One person $2,000
(b) A legally married couple $3,000

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 42 U.S.C. 1396r-5. 02-10-116, 388-478-0080, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924 (42 U.S.C. 1396R-5). 01-12-073, 388-478-0080, filed 6/4/01, effective 7/5/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, and 74.09.575. 00-10-095, 388-478-0080, filed 5/2/00, effective 5/2/00; 99-11-054, 388-478-0080, filed 5/17/99, effective 6/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0080, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1110.]

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