WSR 05-06-086

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 1, 2005, 4:17 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-059.

Title of Rule and Other Identifying Information: Children's administration -- State supplementary payment program, new chapter 388-25 WAC.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 5, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 6, 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., April 5, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 1, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department was directed by the 2002 Washington state legislature to begin paying an income supplemental, 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 a new subchapter of chapter 388-25 WAC, the Children's Administration state supplementary payment program.

Children's has coordinated rule development with the DSHS Aging and Disability Services Administration, Medical Assistance Administration, Division of Developmental Disabilities, and Economic Services Administration.

Reasons Supporting Proposal: To comply with legislative directives and to respond to concerns from the federal Social Security Administration.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031.

Statute Being Implemented: Chapter 371, Laws of 2002.

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 and Implementation: Cindy Beckman, Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7977.

No small business economic impact statement has been prepared under chapter 19.85 RCW. An SBEIS is not required because these rules do not impact small businesses as described in RCW 19.85.020.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt from this requirement under RCW 34.05.328 (5)(b)(vii). These DSHS rules relate solely to financial eligibility for services from the DSHS Children's Administration.

February 25, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3383.3STATE SUPPLEMENTARY PAYMENT PROGRAM
NEW SECTION
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.

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NEW SECTION
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 child who has entered foster care (Title 45 CFR 1355.20) and is 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).

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

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NEW SECTION
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.

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NEW SECTION
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.

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NEW SECTION
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 chapter 34.05 RCW and chapter 388-02 WAC.

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Washington State Code Reviser's Office