SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed November 12, 2019, 9:35 a.m., effective December 13, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-827-0105 to clarify language and add a reference to the health care authority's regulations under WAC 182-512-0880.
Citation of Rules Affected by this Order: Amending WAC 388-827-0105.
Adopted under notice filed as WSR 19-20-002 on September 18, 2019.
A final cost-benefit analysis is available by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 12, 2019.
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-06-101, filed 3/7/18, effective 4/7/18)
WAC 388-827-0105Who is eligible for a state supplementary payment?
(1) The developmental disabilities administration (DDA) must not enroll you in state supplementary payments after the effective date of this section, unless you are eligible for a state supplementary payment for prevocational legacy.
(2) To be eligible for a state supplementary payment, you must meet all general eligibility requirements under subsection (3) of this section and any applicable program-specific requirements under subsections (4) through (8) of this section.
(3) To be eligible for a state supplementary payment, you must:
(a) Be determined DDA eligible under chapter 388-823 WAC;
(b) Complete an in-person interview and reassessment with DDA once every twelve months—or more often if DDA deems it necessary—to determine whether you continue to meet eligibility requirements; and
(c) Be financially eligible because:
(i) You receive ((supplementary))supplemental security income ((cash assistance))(SSI) benefits for the month in which the state supplementary payment is issued; or
(ii) 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))(DAC), your SSI was terminated due solely to your receipt of DAC benefits, and you are eligible for categorically needy medicaid due to the special income disregard described in WAC 182-512-0880(3).
(4) To be eligible for children's legacy care state supplementary payments, you must live with your family as defined in WAC 388-832-0001.
(5) To be eligible for a state supplementary payment for waiver services, you must be enrolled in a home and community-based services waiver program as described in chapter 388-845 WAC.
(6) To be eligible for prevocational legacy state supplementary payments, you must:
(a) Have left prevocational services on or after September 1, 2015; and
(b) Not be enrolled in a DDA residential habilitation service.
(7) To be eligible for residential habilitation state supplementary payments, you must be receiving a residential habilitation service as described in chapter 388-845 WAC and as identified in your person-centered service plan.
(8) To be eligible for state supplementary payments in lieu of individual and family services you must be:
(a) At least three years old; and
(b) Living with your family as defined in WAC 388-832-0001.