WSR 08-13-047

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 12, 2008, 10:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-106.

Title of Rule and Other Identifying Information: The department is amending WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)?

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 July 22, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 23, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail RPAUDSHSRulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 22, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 15, 2008, 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: The department is proposing to amend WAC 388-478-0055 to update the state supplemental payments (SSP) standard for residents of a medical institution. The current monthly rate is $25.45. The department is proposing to increase the current rate to $27.28 effective for the July 2008 monthly issuance.

Reasons Supporting Proposal: This change is in response to the state budget, ESHB 2687 that went into effect April 1, 2008. This amendment does not change eligibility requirements.

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: Olga Walker, 712 Pear Street S.E., Olympia, 98501, (360) 725-4641.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes do not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328:

Subsection (5)(b)(ii), rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party;

Subsection (5)(b)(vii), "[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."

June, 2008

Stephanie E. Schiller

Rules Coordinator

3965.1
AMENDATORY SECTION(Amending WSR 07-22-022, filed 10/26/07, effective 11/26/07)

WAC 388-478-0055   How much do I get from my state supplemental payments (SSP)?   (1) The SSP is a payment from the state for certain SSI eligible people (see WAC 388-474-0012).

If you converted to the federal SSI program from state assistance in January 1974, because you were aged, blind, or disabled, and have remained continuously eligible for SSI since January 1974, the department calls you a grandfathered client. Social Security calls you a mandatory income level (MIL) client.

A change in living situation, cost-of-living adjustment (COLA) or federal payment level (FPL) can affect a grandfathered (MIL) client. A grandfathered (MIL) client gets a federal SSI payment and a SSP payment, which totals the higher of one of the following:

(a) The state assistance standard set in December 1973, unless you lived in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

(b) The current payment standard.

(2) The monthly SSP rates for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:


SSP eligible persons Monthly SSP Rate
Individual (aged 65 and older) $46.00
Individual (blind as determined by SSA) $46.00
Individual with an ineligible spouse $46.00
Grandfathered (MIL) Varies by individual based on federal requirements. Payments range between $0.54 and $199.77.


Medical institution Monthly SSP Rate
Individual $((25.45)) 27.28

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-22-022, 388-478-0055, filed 10/26/07, effective 11/26/07; 06-16-071, 388-478-0055, filed 7/28/06, effective 8/28/06. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090. 06-01-045, 388-478-0055, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-07-024, 388-478-0055, filed 3/8/04, effective 4/8/04; 03-03-114, 388-478-0055, filed 1/21/03, effective 2/23/03. Statutory Authority: RCW 74.08.090, 74.04.057. 01-19-024, 388-478-0055, filed 9/12/01, effective 11/1/01; 01-08-015, 388-478-0055, filed 3/23/01, effective 5/1/01. Statutory Authority: RCW 74.08.090. 00-20-054, 388-478-0055, filed 9/29/00, effective 11/1/00. Statutory Authority: RCW 74.08.090 and 74.04.057. 00-11-130, 388-478-0055, filed 5/22/00, effective 7/1/00; 99-18-063, 388-478-0055, filed 8/30/99, effective 10/1/99. Statutory Authority: RCW 74.08.090 and 74.04.630. 99-04-103, 388-478-0055, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0055, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1115.]

Washington State Code Reviser's Office