PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-01-155.
Title of Rule: Amending WAC 388-474-0001 General information -- Supplemental security income; and repealing WAC 388-512-1210 Program description, 388-512-1215 General eligibility, 388-512-1220 Eligibility -- Blindness, 388-512-1225 Permanently and totally disabled, 388-512-1230 Refusal to accept medical treatment, 388-512-1235 Review for disability or blindness, 388-512-1240 Computation of available income, 388-512-1245 Monthly maintenance standard -- Own home, 388-512-1250 Monthly maintenance standard -- Person in institution, 388-512-1255 Available income and nonexempt resources, 388-512-1260 Exempt resources, 388-512-1265 Nonexempt resources, and 388-512-1275 Continuing certification.
Purpose: To repeal unnecessary or duplicative rules.
Statutory Authority for Adoption: RCW 74.04.050, 74.08.090, and 74.09.055.
Statute Being Implemented: RCW 74.04.050, 74.08.090, and 74.09.055.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kevin Sullivan, 925 Plum Street, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1344.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: Most of the eligibility rules in chapter 388-512 WAC can be found in the rules for general SSI recipients. The rules unique to grandfathered SSI recipients have been moved into WAC 388-474-0001.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 26, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by September 19, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 26, 2000.
Date of Intended Adoption: Not before September 27, 2000.
August 8, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2809.2(1) Persons with limited income and resources who are aged, blind, or disabled may qualify for federal cash benefits under the Supplemental Security Income program (SSI) administered by the Social Security Administration (SSA) under Title XVI of the Social Security Act.
(2) The SSI program replaced state programs for aged, blind
and disabled persons beginning in January((,)) 1974. Persons who
received state assistance in December((,)) 1973, as aged, blind
or disabled or were needed in the home to care for an eligible
person, automatically became eligible for SSI in January((,))
1974. The blind or disabled grandfathered clients must continue
to meet the definition of blind or disabled that was in effect
under the state plan in December 1973. These definitions can be
found in the SSA program operations manual system (POMS). A
person designated in January 1974 as essential to the care of a
grandfathered SSI client will continue to be included in the SSI
payment as long as the essential person continuously resides with
the SSI client.
(3) The spouse of an SSI recipient who does not qualify for SSI in their own right may be included in the state supplement payment but is not considered an SSI recipient for purposes of medical assistance eligibility.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-474-0001, filed 7/31/98, effective 9/1/98.]
2764.1 The following sections of the Washington Administrative Code are repealed:
| WAC 388-512-1210 | Program description. |
| WAC 388-512-1215 | General eligibility. |
| WAC 388-512-1220 | Eligibility -- Blindness. |
| WAC 388-512-1225 | Permanently and totally disabled. |
| WAC 388-512-1230 | Refusal to accept medical treatment. |
| WAC 388-512-1235 | Review for disability or blindness. |
| WAC 388-512-1240 | Computation of available income. |
| WAC 388-512-1245 | Monthly maintenance standard--Own home. |
| WAC 388-512-1250 | Monthly maintenance standard -- Person in institution. |
| WAC 388-512-1255 | Available income and nonexempt resources. |
| WAC 388-512-1260 | Exempt resources. |
| WAC 388-512-1265 | Nonexempt resources. |
| WAC 388-512-1275 | Continuing certification. |