WSR 05-05-023

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 8, 2005, 4:05 p.m. , effective February 8, 2005 ]


Purpose: To expand the population eligible to receive the state supplementary payment (SSP) administered by the Division of Developmental Disabilities to include supplemental security income (SSI) recipients who are under age eighteen at the time of their initial comprehensive assessment and reporting evaluation (CARE) assessment, and who received Medicaid personal care (MPC) between September 2003 and August 2004.

Citation of Existing Rules Affected by this Order: Amending WAC 388-827-0115 and 388-827-0145.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

Other Authority: Chapter 71A.12 RCW.

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.

Reasons for this Finding: These rules are necessary to prevent a substantial decrease in the funds available to meet individual's need for respite care resulting from the CARE assessment. These rules correct the amount in WAC 388-827-0145(3) contained in WSR 05-01-124, and replace WSR 05-01-124.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: February 2, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3496.4
AMENDATORY SECTION(Amending WSR 04-15-094, filed 7/16/04, effective 8/16/04)

WAC 388-827-0115   What are the programmatic eligibility requirements for DDD/SSP?   (1) You received one or more of the following services from DDD with state-only funding between March 1, 2001 and June 30, 2003 and continue to demonstrate a need for and meet the DDD program eligibility requirements for these services.

(a) Certain voluntary placement program services, which include:

(i) Foster care basic maintenance,

(ii) Foster care specialized support,

(iii) Agency specialized support,

(iv) Staffed residential home,

(v) Out-of-home respite care,

(vi) Agency in-home specialized support,

(vii) Group care basic maintenance,

(viii) Group care specialized support,

(ix) Transportation,

(x) Agency attendant care,

(xi) Child care,

(xii) Professional services,

(xiii) Nursing services,

(xiv) Interpreter services,

(b) Family support;

(c) One or more of the following residential services:

(i) Adult family home,

(ii) Adult residential care facility,

(iii) Alternative living,

(iv) Group home,

(v) Supported living,

(vi) Agency attendant care,

(vii) Supported living or other residential service allowance,

(viii) Intensive individual supported living support (companion homes).

(2) For individuals with community protection issues as defined in WAC 388-820-020, the department will determine eligibility for SSP on a case-by-case basis.

(3) For new authorizations of family support opportunity:

(a) You were on the family support opportunity waiting list prior to January 1, 2003; and

(b) You are on the home and community based services (HCBS) waiver administered by DDD; and

(c) You continue to meet the eligibility requirements for the family support opportunity program contained in WAC 388-825-200 through 388-825-242.

(4) For individuals on one of the HCBS waivers administered by DDD (Basic, Basic Plus, Core or Community Protection):

(a) You must have been eligible for or received SSI prior to April 1, 2004; and

(b) You were determined eligible for SSP prior to April 1, 2004.

(5) You received medicaid personal care (MPC) between September 2003 and August 2004; and

(a) You are under age eighteen at the time of your initial comprehensive assessment and reporting evaluation (CARE) assessment;

(b) You received or were eligible to receive SSI at the time of your initial CARE assessment;

(c) You are not on a home and community based services waiver administered by DDD; and

(d) You live with your family, as defined in WAC 388-825-020.

(6) If you meet all of the requirements listed in (5) above, your SSP will continue.

[Statutory Authority: RCW 71A.12.030 and 71A.12.120. 04-15-094, 388-827-0115, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0115, filed 12/29/03, effective 1/29/04.]


AMENDATORY SECTION(Amending WSR 04-02-015, filed 12/29/03, effective 1/29/04)

WAC 388-827-0145   How much money will I receive?   The purpose of the SSP is to increase the amount of income to meet your needs. The department will determine your payment amount based on your living arrangement and your assessed needs.

(1) For residential and voluntary placement program services, the amount of your SSP will be based on the amount of state-only dollars spent on certain services at the time the funding source was converted to SSP. If the type of your residential living arrangement changes, your need will be reassessed and your payment adjusted based on your new living arrangement and assessed need.

(2) For family support services, refer to WAC 388-825-200 through 388-825-284.

(a) If you are on the home and community based services (HCBS) waiver administered by DDD:

(i) You will receive nine hundred dollars DDD/SSP money per year to use as you determine.

(ii) The remainder up to the maximum allowed may be authorized by DDD to purchase HCBS waiver services and will be paid directly to the provider.

(b) If you are not on the HCBS waiver administered by DDD, you will receive the yearly maximum allowed in the form of DDD/SSP money to use as you determine.

(c) The yearly amount of DDD/SSP money will be prorated into monthly amounts. You will receive one twelfth of the yearly amount each month.

(3) If you are eligible for SSP because you meet the criteria in WAC 388-827-0115(5), you will receive one hundred dollars per month.

(a) For individuals whose initial CARE assessment was completed prior to February 1, 2005, January 2005 is the first month for which payment is made.

(b) For individuals whose initial CARE assessment is completed after January 31, 2005, the first month for which payment is made is the month in which the initial CARE assessment is completed.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, 388-827-0145, filed 12/29/03, effective 1/29/04.]

Washington State Code Reviser's Office