WSR 03-03-115

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed January 21, 2003, 3:52 p.m. ]

Date of Adoption: January 14, 2003.

Purpose: The Division of Developmental Disabilities has been directed by the 2002 Washington state legislature to begin paying an income supplemental, called state supplementary payment (SSP). Implementation of this directive requires amendment of rules in chapters 388-820, 388-825 and 388-850 WAC, as well as adoption of new WAC 388-825-500 through 388-825-600, Division of Development Disabilities state supplemental payment.

Amended Rules: WAC 388-820-020 What definitions apply to this chapter?, 388-820-060 Who may receive residential services?, 388-820-120 Who pays for a client's residential services?, 388-825-020 Definitions, 388-825-055 Authorization for services, 388-825-100 Notification, 388-825-120 Adjudicative proceeding, 388-825-180 Eligible persons, 388-825-205 Who is eligible to participate in the family support opportunity program?, 388-825-252 Family support services, 388-825-254 Service need level rates, 388-850-035 Services -- Developmental disabilities, and 388-850-045 Funding formula -- Developmental disabilities.

New Rules: WAC 388-825-500 What is the state supplemental payment that will be administered by the division of development disabilities?, 388-825-505 What are the eligibility requirements for the DDD/SSP program?, 388-825-510 What are the financial eligibility requirements to receive DDD/SSP?, 388-825-515 What are the programmatic requirements for DDD/SSP?, 388-825-520 How often will my eligibility for DDD/SSP be redetermined?, 388-825-525 How will I know if I am eligible to receive a DDD/SSP payment?, 388-825-530 Can I choose not to accept DDD/SSP payments?, 388-825-535 Can I apply for the DDD/SSP program if I am not identified by DDD as eligible for the DDD/SSP program?, 388-825-540 What are my appeal rights if DDD determines that I am not eligible for DDD/SSP?, 388-825-545 How much money will I receive?, 388-825-546 May I voluntarily remove myself from the community alternatives program (CAP) waiver in order to increase the amount of my SSP?, 388-825-550 How often will I receive my DDD/SSP warrant/check?, 388-825-555 Who will the warrant/check be sent to?, 388-825-560 How will the warrant/check be sent?, 388-825-565 When will DDD/SSP begin issuing payments?, 388-825-570 Are there rules restricting how I use my DDD/SSP money?, 388-825-571 May I purchase services from a provider who lives outside the state of Washington?, 388-825-575 What changes must I report to the department?, 388-825-576 Do I have additional responsibilities when I purchase my own services?, 388-825-580 What happens if I do not spend my DDD/SSP money as required by WAC 388-825-570?, 388-825-585 When will the department stop sending my DDD/SSP money?, 388-825-590 What is a representative payee?, 388-825-591 Who can be a representative payee for my DDD/SSP?, 388-825-592 What are the responsibilities of the representative payee?, and 388-825-600 Does DSHS make exceptions to the requirements of this chapter?

The department has filed a CR-101 Preproposal statement of inquiry (WSR 02-17-068) and has initiated a rule-making proceeding to adopt permanent rules on this subject matter. These rules supersede emergency rules filed as WSR 02-20-045 on September 25, 2002.

Citation of Existing Rules Affected by this Order: Amending WAC 388-820-020, 388-820-060, 388-820-120, 388-825-020, 388-825-055, 388-825-100, 388-825-120, 388-825-180, 388-825-205, 388-825-252, 388-825-254, 388-850-035, and 388-850-045.

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

Other Authority: 2001-03 Supplemental Budget, ESSB 6387, (chapter 371, Laws of 2002).

Under RCW 34.05.350 the agency for good cause finds 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), has directed the Division of Developmental Disabilities to begin paying an income supplement, called state supplementary payment. In its published "Final Budget - Statewide Agency Detail" for ESSB 6387, the legislature also clearly stated its intent that "Beginning July 2002, state supplemental payments will no longer be provided automatically to all persons receiving a federal SSI benefit. SSI recipients will continue to receive their federal benefits and their federally provided annual cost of living increases each January. Some recipients who are dependent on larger state supplements will be provided a transitional state supplemental payment. The remaining amount of state supplemental payments required by federal rules will be used to support low... income families who are struggling to continue to care for children and other relatives with developmental disabilities." Emergency adoption of these rules is necessary to implement ESSB 6387 and the legislature's intent.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 25, Amended 13, 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: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 25, Amended 13, Repealed 0.
Effective Date of Rule: Immediately.

January 14, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-04 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office