PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-15-016.
Title of Rule and Other Identifying Information: The department is creating new WAC 388-827-0121 Will I need an assessment to remain eligible for state supplemental income payment (SSP), and amending the following in chapter 388-827 WAC:
| • | WAC 388-827-0110 What are the financial eligibility requirements to receive DDD/SSP? |
| • | WAC 388-827-0115 What are the programmatic eligibility requirements for DDD/SSP? |
| • | WAC 388-827-0125 How will I know if I am eligible to receive a DDD/SSP payment? |
| • | WAC 388-827-0150 How often will I receive my DDD/SSP warrant/check? |
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on November 27, 2007, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 28, 2007.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by
5 p.m. on November 27, 2007.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by November 20, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 388-827-0110, 388-827-0115, 388-827-0125, and 388-827-0150 contain clarifying information. WAC 388-827-0121 adds a requirement that an assessment must be done at least every twelve months as this requirement is contained in chapter 388-828 WAC.
Reasons Supporting Proposal: The division of developmental disabilities (DDD) implemented the rules concerning the DDD assessment on June 1, 2007. These rules are necessary to conform with the requirements contained in chapter 388-828 WAC.
Statutory Authority for Adoption: RCW 71A.12.030.
Statute Being Implemented: Title 71A RCW.
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: Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail brinksc@dshs.wa.gov, (360) 725-3416, fax (360) 404-0955; Implementation: Meredith Kelly, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail kellymj@dshs.wa.gov, (360) 725-3524, fax (360) 404-0955; and Enforcement: Doug Washburn, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail washbdc@dshs.wa.gov, (360) 725-3452, fax (360) 404-0955.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses or small nonprofits.
A cost-benefit analysis is not required under RCW 34.05.328. These rules are not significant as defined in RCW 34.05.328 (5)(c)(iii).
October 16, 2007
Stephanie E. Schiller
Rules Coordinator
3908.2(1) You must be eligible for or receive supplemental security income (SSI) cash assistance in the month in which the DDD/SSP is issued; or
(2) You receive Social Security Title II benefits as a disabled adult child and you would be eligible for SSI if you did not receive these benefits.
[Statutory Authority: RCW 71A.12.030 and 71A.12.120. 04-15-094, § 388-827-0110, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, § 388-827-0110, filed 12/29/03, effective 1/29/04.]
(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. Additionally, you must have been eligible for or received SSI prior to July 1, 2006; or you received Social Security Title II benefits as a disabled adult child prior to July 1, 2006 and would have been eligible for SSI if you did not receive these benefits.
(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; and
(d) You must have been eligible for or received SSI prior to July 1, 2003; or you received Social Security Title II benefits as a disabled adult child prior to July 1, 2003 and would have been eligible for SSI if you did not receive these benefits.
(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.
(7) You received one or more of the following state-only funded residential services between July 1, 2003 and June 30, 2006 and continue to demonstrate a need for and meet the DDD program eligibility requirements for these services:
(a) Adult residential care facility;
(b) Alternative living;
(c) Group home;
(d) Supported living;
(e) Agency attendant care;
(f) Supported living or other residential allowance.
[Statutory Authority: RCW 71A.12.030, 74.04.057 and 20 C.F.R. 416.2099. 06-24-074, § 388-827-0115, filed 12/4/06, effective 1/4/07. Statutory Authority: RCW 71A.12.030, 71A.12.120, and chapter 71A.12 RCW. 05-10-039, § 388-827-0115, filed 4/28/05, effective 5/29/05. 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.]
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[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, § 388-827-0125, filed 12/29/03, effective 1/29/04.]
[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. 04-02-015, § 388-827-0150, filed 12/29/03, effective 1/29/04.]