WSR 04-07-059

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 11, 2004, 4:30 p.m. ]

     Subject of Possible Rule Making: Children's Administration will be adopting a new subchapter within chapter 388-25 WAC (and revising other rules as applicable) that allows implementation of the intent of ESSB 6387 directing the department to begin making state supplementary payments to specifically eligible individuals. Children's Administration began participation for eligible foster children January 1, 2004.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, chapter 371, Laws of 2002 (2001-2003 Supplemental Budget - ESSB 6387), RCW 74.04.600, 74.04.620, 74.13.031.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department was directed by the 2002 Washington state legislature to begin paying an income supplement, called the state supplementary payment (SSP). The agencies directed by the legislature to participate (ESA, DDD, MAA, ADSA) have not been able to meet the federal requirement for maintenance of effort, so Children's Administration began participation January 1, 2004. The implementation of this program within Children's Administration requires the adoption of new rules within chapter 388-25 WAC (and other rules as applicable).

     Children's [Administration] will coordinate rule development with the DSHS Aging and Disability Services Administration, Medical Assistance Administration, Division of Developmental Disabilities, and Economic Services Administration.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Social Security Administration publishes regulations under the Social Security Act and Federal Public Law 92-603 for states that provide an SSP program, and oversees state compliance with federal state supplementation rules.

     Process for Developing New Rule: Children's Administration welcomes public participation in the development of these rules, and will publish proposed rules for public comment and hold a public hearing before the rules are adopted as permanent. Draft material and information about how to participate may be obtained from the department representative listed below.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cindy Beckman, DSHS Children's Administration, P.O. Box 45710, phone (360) 902-7977, fax (360) 902-0894, e-mail cbec300@dshs.wa.gov.

March 11, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit