WSR 04-02-012

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed December 29, 2003, 4:52 p.m. , effective January 1, 2004 ]


     Date Adopted: December 24, 2003.

     Purpose: To update the categorically needy income level (CNIL) SSI-related standards based on a change in federal rules. This rule will now include the SSI standards since these are being removed from WAC 388-478-0055 How much do I get from my supplement security income (SSI) and state supplemental payments (SSP)? Also removing the information regarding essential spouses since there are no longer any in Washington state.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0080.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.530.

     Other Authority: Section 1924 of the Social Security Act (42 U.S.C. 1396R-5).

     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: Under Section 1924 of the Social Security Act and as directed by the Federal Centers for Medicaid and Medicare Services, the department must implement these new standards effective January 1, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Effective Date of Rule: January 1, 2004.

December 24, 2003

Jim Schnellman

for Brain H. Lindgren, Manager

Rules and Policies Assistance Unit

3224.3
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 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. 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)) The only standard that is different for areas 1 and 2 than in subsection (1) of this section is the following:


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))
(((c) Supplied shelter)) (($367.05)) (($367.05))

     (((2))) (4) The countable resource standards for ((the)) SSI and SSI-related CN medical program 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.]