Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-101 on September 2, 2003.

     Title of Rule: WAC 388-478-0055 How much do I get from my supplemental security income (SSI) and state supplemental payments (SSP)?

     Purpose: The department is amending the rule adding the additional categories of SSI recipients who get an SSP and the payment amount. This change updates SSP payment amounts and includes payment amount information for both calendar years 2003 and 2004.

     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.

     Summary: This rule notifies the public of a change in the SSP program payment amounts for all categories if SSP recipients to include the new two additional categories of SSI recipients who will begin getting a state supplemental payment in November 2003. The new rule references SSP payment amounts for calendar years 2003 and 2004. The changes to the rule include removing references to SSI payment amounts. SSI is a federal program. Federal payment amounts for SSI can be accessed through the Social Security Administration. SSP is a state program with payment amounts that reflect federal requirements for states to expend maintenance of effort funds on SSI recipients and as such these amounts are controlled and adjusted as needed by the state. SSP recipients rely on WAC for SSP payment information.

     Reasons Supporting Proposal: The state is federally mandated to expend $28.9 million every year as a supplemental payment to SSI recipients or those who are SSI-eligible except for income. State supplemental payments must remain within a payment range that will assure that federal SSP spending requirements are met annually. Failure to fully expend the $28.9 million could result in federal sanctions to state Medicaid funding amounting to about $3 billion annually. To keep the payments within the federal expenditure requirements, the amount of the monthly SSP payment must be amended periodically. WAC 388-478-0057 year-end adjustments to the SSI state supplement provides DSHS the authority to amend SSP payment amounts to be in compliance with the total federal spending mandate.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, ESA-DEAP, 1009 College S.E., Lacey, WA 98503, (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 388-478-0055 How much do I get from my supplemental security income (SSI) and state supplemental payments (SSP)?

     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." The rule describes the amount of SSP that individuals are eligible to receive if they are eligible to receive SSP payments.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 25, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 21, 2003, 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., November 25, 2003.

     Date of Intended Adoption: Not earlier than November 26, 2003.

October 15, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     If you are eligible for SSI, you may receive a federal cash payment from the federal Social Security Administration, as well as ((a)) an SSP cash payment from the state.

     If you were converted from state assistance to the federal SSI program in January 1974 because you were aged, blind, or disabled, the department calls you a "grandfathered client." Social Security calls you a "mandatory income level (MIL) client." To be a grandfathered (MIL) client, you must have remained continuously eligible for SSI from January 1974.

     A change in living situation, cost-of-living adjustment (COLA) or federal payment level (FPL) can affect a grandfathered (MIL) client. A grandfathered (MIL) client gets a federal SSI payment and ((a)) an SSP payment, which totals the higher of one of the following:

     (a) The state assistance standard set in December 1973, unless you lived in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

     (b) The current payment standard.

     (2) The ((federal, state and combined)) SSP monthly payment level for ((an)) eligible persons under WAC 388-474-0012 and an individual ((and couple are)) residing in an institution is:

     (((a) If you are living alone.))

((LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions)) SSP Eligible Persons	((Federal Payment Level))		((State Supplement)) Monthly SSP Payment ((Level))		((Combined Federal/ State Payment Level))
((Individual))	(($552.00))		(($0.00))		(($552.00))
Individual ((with: One essential person)) (aged 65 or older) - Calendar year 2003	((829.00))		((0.00)) $100.00		((829.00))
Individual (blind) - Calendar year 2003		2	$100.00
Individual with an ineligible spouse - Calendar year 2003			$100.00
Individual (aged 65 or older) -Calendar year 2004			$21.00
Individual (blind) - Calendar year 2004			$21.00
Individual with an ineligible spouse - Calendar year 2004	(($552.00))		$((100.00)) 21.00		(($652.00))
((Couple))	(($829.00))		(($0.00))		(($829.00))
((Couple with one essential person))	(($829.00))		(($0.00))		(($829.00))
Grandfathered (MIL)			Varies by individual based on federal requirements. Ranges between $0.54 and $199.50

     (((b) If you are in shared living.))

((SHARED LIVING - In the home of another person))	((Federal Payment Level))		((State Supplement Payment Level))		((Combined Federal/ State Payment Level))
((Individual))	(($368.00))		(($0.00))		(($368.00))
((Individual with: One essential person))	((665.00))		((0.00))		((665.00))
((Individual with an ineligible spouse))	(($368.00))		(($100.00))		(($468.00))
((Couple))	(($552.67))		(($0.00))		(($552.67))
((Couple with one essential person))	(($665.00))		(($0.00))		(($665.00))

     (((c) If you are residing in a medical institution: Area 1 and 2.))

MEDICAL INSTITUTION	((Federal Payment Level))		((State Supplement))Monthly SSP Payment ((Level))		((Combined Payment Level))
Individual	(($ 30.00))		$ 11.62		(($ 41.62))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-03-114, § 388-478-0055, filed 1/21/03, effective 2/23/03. Statutory Authority: RCW 74.08.090, 74.04.057. 01-19-024, § 388-478-0055, filed 9/12/01, effective 11/1/01; 01-08-015, § 388-478-0055, filed 3/23/01, effective 5/1/01. Statutory Authority: RCW 74.08.090. 00-20-054, § 388-478-0055, filed 9/29/00, effective 11/1/00. Statutory Authority: RCW 74.08.090 and 74.04.057. 00-11-130, § 388-478-0055, filed 5/22/00, effective 7/1/00; 99-18-063, § 388-478-0055, filed 8/30/99, effective 10/1/99. Statutory Authority: RCW 74.08.090 and 74.04.630. 99-04-103, § 388-478-0055, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0055, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1115.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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