WSR 11-19-099

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed September 20, 2011, 3:57 p.m. , effective September 20, 2011, 3:57 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: To ensure that expenditures do not exceed funds appropriated under the 2011-2013 operating budget, 2ESHB 1087, signed by Governor Gregoire on June 15, 2011. The department is proposing to amend by emergency adoption WAC 388-478-0030 in order to decrease the grant payment standards to disability lifeline (DL) and ADATSA recipients.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0030.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.08.090, 74.04.005, and 74.04.770.

     Other Authority: 2ESHB 1087.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The department needs to reduce DL grant payment standards for October 2011 because of greater-than-anticipated benefit expenditures, less-than-anticipated SSI recoveries, and other costs associated with program administration, expenditures are anticipated to exceed funds appropriated for the DL program under 2ESHB 1087 by approximately $5 million during the month of October 2011. The department cannot pursue reductions under the regular rule-making process because the DL program will end October 31, 2011, per ESHB 2082. Therefore, the department must immediately reduce the monthly grant standard by approximately twenty-six percent to stay within the appropriated funds. The changes under this emergency rule filing will address the anticipated shortfall by reducing program expenditures by approximately $2.2 million.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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

     Date Adopted: September 20, 2011.

Katherine I. Vasquez

Rules Coordinator

4285.4
AMENDATORY SECTION(Amending WSR 10-24-070, filed 11/30/10, effective 1/1/11)

WAC 388-478-0030   Payment standards for disability lifeline and ADATSA.   (1) The payment standards for disability lifeline (DL) and Alcohol and Drug Addiction Treatment and Support Act (ADATSA) program assistance units with obligations to pay shelter costs are:


Assistance Unit Size Payment Standard
1 $((266)) 197
2 ((336)) 248

     (2) The payment standards for DL and ADATSA assistance units with shelter provided at no cost are:


Assistance Unit Size Payment Standard
1 $((162)) 120
2 ((206)) 152

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.08.090, 74.04.005, and 74.04.770. 10-24-070, § 388-478-0030, filed 11/30/10, effective 1/1/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0030, filed 7/31/98, effective 9/1/98.]

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