WSR 03-21-125

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 20, 2003, 4:39 p.m. , effective November 1, 2003 ]

Date of Adoption: October 15, 2003.

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

Citation of Existing Rules Affected by this Order: Amending WAC 388-474-0012.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Adopted under notice filed as WSR 03-18-105 on September 2, 2003.

Changes Other than Editing from Proposed to Adopted Version: None, the only change from the proposed version is the removal of repealed WAC references in subsection (2)(e).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The effective date of this permanent rule must be less than thirty-one days after filing to protect SSI aged and blind client rights to receive a public assistance payment (SSP). This action meets the requirements in RCW 34.05.380 (3)(c) "The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare." The rules must become effective on November 1, 2003, to permit the department to expand the base of SSP-eligible recipients in order to remain in compliance with federal law, otherwise the state could face federal sanctions jeopardizing all Medicaid funding to the state. Federal law requiring state supplemental payments to SSI recipients is found under The Social Security Act of 1924, Sec. 201 (42 U.S.C. 401) and Public Law 99-509, Sec. 9342 (42 U.S.C. 1395b).
Effective Date of Rule: November 1, 2003.

October 15, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3288.3
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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