WSR 04-07-091



(Children's Administration)

[ Filed March 16, 2004, 10:26 a.m. ]

Date of Adoption: March 12, 2004.

Purpose: The department is adopting a new subchapter in chapter 388-25 WAC that allows Children's Administration to participate in the state supplementary payment (SSP) program. Children's Administration began paying this income supplement to eligible foster children January 1, 2004.

Statutory Authority for Adoption: RCW 74.04.050.

Other Authority: Chapter 371, Laws of 2002 (2001-03 Supplemental Budget - ESSB 6387), RCW 74.04.600 and 74.13.031.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: The state legislature in adopting ESSB 6387 (chapter 371, Laws of 2002), directed specific DSHS programs (ESA, DDD, MAA, ADSA) to begin paying an income supplement, called state supplementary payment.

The programs directed by the legislature to participate (ESA, DDD, MAA, ADSA) were not able to meet the federal requirement for maintenance of effort. On July 18, 2003, the Social Security Administration informed the state that it did not satisfy requirements under section 1616(a) and 1618 of the Social Security Act ("the act"), 42 U.S.C. 1382(e)[a], 42 U.S.C. 1382(g) and regulations at 20 C.F.R. 416.2001 and 20 C.F.R. 416.2095-.2099. Failure to comply with these requirements jeopardizes the department's ability to receive federal financial participation under Title XIX of the act.

Immediate adoption is necessary to preserve the public health and general welfare by allowing the state to continue to receive federal financial participation (FFP) for its Medicaid program under Title XIX of the act. The loss of FFP would effectively terminate medical assistance under Title XIX for low-income families and individuals in the state of Washington. Children's Administration has elected to begin participation in the state supplementary payment as of January 1, 2004, to prevent the loss of FFP through contributing to Washington state's maintenance of effort requirement. This action will also directly benefit foster children served through this division.

Emergency adoption of these rules is necessary to implement ESSB 6387, to comply with the requirements of federal law cited above, and to implement the 2004 plan for Children's Administration to participate in disbursing state supplementary payments which was approved by the federal government on February 13.

Number of Sections Adopted in Order to Comply with Federal Statute: New 6, Amended 0, 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 6, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

March 12, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

WAC 388-25-1000   What is the State Supplementary Payment (SSP) that is administered by the children's administration (CA)?   The State Supplementary Payment (SSP) is a state-paid cash assistance program for specific eligible foster children with the children's administration.


WAC 388-25-1010   What are the eligibility requirements for the CA/SSP program?   To be eligible to receive CA/SSP, you must be a foster child eligible for and receiving Supplemental Security Income (SSI), receiving behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month, and not be eligible for foster care reimbursement under Title IV-E of the Social Security Act (42 U.S.C. 670).


WAC 388-25-1020   When will my eligibility for CA/SSP be determined?   The SSP eligibility verification process is usually done during the month following your potential eligibility for an SSP payment. You will receive a monthly SSP payment when all of the eligibility criteria (WAC 388-25-1010) have been verified.


WAC 388-25-1030   How will I know if I am eligible to receive a CA/SSP payment?   Once you have been identified as eligible for a CA/SSP payment, CA will send out written notification to representative payees, legal guardians, and children age eighteen and above.


WAC 388-25-1040   Can I apply for the CA/SSP program if I am not identified by CA as eligible for the CA/SSP program?   You can apply through children's administration to determine your eligibility for CA/SSP, but eligibility is limited to those meeting the eligibility requirements in WAC 388-25-1010.


WAC 388-25-1050   What are my appeal rights if CA determines that I am not eligible for CA/SSP?   You have the right to appeal children's administration's denial, termination, or reduction of eligibility for the CA/SSP under RCW 74.13.045 and WAC 388-02-0080.


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