WSR 03-18-105

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 2, 2003, 5:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-15-048.

Title of Rule: WAC 388-474-0012 What is a state supplemental payment and who can get it?

Purpose: To amend the rule to add additional categories of SSI recipients who can get a state supplemental payment.

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 proposed rule notifies the public of a change in the state supplemental payment program (SSP) to include two additional categories of supplemental security income (SSI) recipients who will begin getting a state supplemental payment in November 2003.

Reasons Supporting Proposal: The state is federally mandated to expend $28.9 million every year as a supplemental payment to SSI recipient or those who are SSI eligible except for income. State supplemental payments must remain within a payment range that will not cause resource ineligibility problems for those who get the payment. To keep the payments within an acceptable range, the size of the population who can get an SSP must be increased. The state needs to expand the base of SSI recipients who can get an SSP to be in compliance with the total federal spending mandate. Failure to fully expend the $28.9 million could result in federal sanctions to state Medicaid funding.

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 C.F.R. Sections 416.2095-.2099.

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-474-0012 What is a state supplemental payment and who can get it?

Purpose and Effect: See 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 Part 416.2095 regarding how a person qualifies to be eligible for state supplemental payments.

Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 7, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 3, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernax@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., October 7, 2003.

Date of Intended Adoption: Not earlier than October 8, 2003.

August 28, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3288.2
AMENDATORY SECTION(Amending WSR 03-03-114, filed 1/21/03, effective 2/23/03)

WAC 388-474-0012   What is a state supplemental payment and who can get it?   (1) The state supplemental payment (SSP) is a state-paid cash assistance program for certain clients who the Social Security Administration determines are eligible for Supplemental Security Income (SSI).

(2) You can get an SSP if:

(a) You are a grandfathered SSI recipient under WAC 388-474-0001;

(b) You are an individual with an ineligible spouse under WAC 388-474-0001; ((or))

(c) You receive SSI because you are age sixty-five or older under WAC 388-474-0001;

(d) You receive SSI because you are blind under WAC 388-474-0001; or

(e) You are determined eligible for SSP by the division of developmental disabilities (see WAC 388-825-525 and 388-825-535).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-03-114, 388-474-0012, filed 1/21/03, effective 2/23/03.]

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