WSR 04-24-076

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 30, 2004, 3:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-17-075.

Title of Rule and Other Identifying Information: WAC 388-474-0012 What is a state supplemental payment and who can get it?

Hearing Location(s): Office Building Two Auditorium (DSHS Headquarters) (public parking at 11th and Jefferson), 1115 Washington, Olympia, WA 98504, on January 4, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 5, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 4, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by December 30, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change is needed to update program language and clarify who is eligible for state supplemental payment (SSP).

Reasons Supporting Proposal: Under the proposed rules, foster children receiving specific services from Children's Administration behavior rehabilitation services (BRS) for part or all of a month and not eligible for foster care reimbursement under Title IV-E of the Social Security Act would be eligible and receiving SSP payments.

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, 74.08.090.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lorri Gagnon, 1009 College S.E., Lacey, WA 98504, (360) 725-4619.

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 by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. 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."

November 29, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3490.1
AMENDATORY SECTION(Amending WSR 03-21-125, filed 10/20/03, effective 11/1/03)

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))funded 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;

(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; or

(f) You are eligible for and receive SSI as a foster child receiving specific services through children's administration behavior rehabilitation services (BRS) for part or all of a month, and not eligible for foster care reimbursement under Title IV-E of the Social Security Act.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-21-125, 388-474-0012, filed 10/20/03, effective 11/1/03; 03-03-114, 388-474-0012, filed 1/21/03, effective 2/23/03.]

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