WSR 02-17-093

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed August 20, 2002, 4:15 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-474-0015 What happens to my categorically needy (CN) medical coverage when my supplemental security income (SSI) cash payment is terminated?

Purpose: To add the word "review" in subsection (3), which was mistakenly left out of the permanent rule as filed in WSR 02-11-033. The subsection should have read "If you are a terminated SSI or SSI related client, the department will review your disability status when...."

Other Identifying Information: These proposed rules are being filed without prior filing of a CR-101 preproposal statement of inquiry. The proposed rules are exempt from filing a CR-101 notice under RCW 34.05.310 (4)(d), "This section does not apply to ...rules that only correct typographical errors, make address or name changes, or clarify the language of the rule without changing its effect."

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Summary: The change to this rule that explains to SSI and SSI related clients what will happen to their medical coverage when SSI is terminated is a minor change. The word "review" was unintentionally left out of the original filing. This filing will correct that error.

Reasons Supporting Proposal: The correction clarifies the rule without changing its effect.

Name of Agency Personnel Responsible for Drafting: Carole McRae, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3074; Implementation and Enforcement: Pam Raymond, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3087.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-474-0015 What happens to my categorically needy (CN) medical coverage when my supplemental security income (SSI) cash payment is terminated?

Purpose and Effect: This change will correct a mistake missed at filing. That mistake was leaving a single word out of the text in subsection (3) of this rule filed as WSR 02-11-033. The corrected version will include the word "review."

Proposal Changes the Following Existing Rules: The amendment to this rule is the inclusion of the word "review" originally left out of subsection (3) at the time of filing WSR 02-11-033. The amendment will clarify the language of the rule without changing its effect.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of these rules do not affect small businesses. The rule only affects DSHS client eligibility for services.

RCW 34.05.328 does not apply to this rule adoption. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(iv) which states in part, "[t]his section does not apply to... rules that only correct typographical errors, make address or name changes, or clarify the language of a rule without changing its effect."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 24, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 20, 2002, phone (360) 664-6097, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., September 24, 2002.

Date of Intended Adoption: Not earlier than September 25, 2002.

August 16, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3140.2
AMENDATORY SECTION(Amending WSR 02-11-033, filed 5/7/02, effective 6/7/02)

WAC 388-474-0015   What happens to my categorically needy (CN) medical coverage when my Supplemental Security Income (SSI) cash payment is terminated?   (1) Your CN medical coverage (WAC 388-505-0110) continues after an SSI cash payment ends when:

(a) Countable income exceeds the SSI income standard due solely to the annual cost-of-living adjustment (COLA); or

(b) A timely request for a hearing has been filed. CN medical coverage is continued until Social Security Administration (SSA) makes a final decision on the hearing request and on any subsequent timely appeals.

(2) If your SSI ends your CN medical coverage continues for a period of up to one hundred twenty days while the department reviews your eligibility for other cash or medical programs.

(3) If you are a terminated SSI or SSI-related client, the department will review your disability status when:

(a) You present new medical evidence;

(b) Your medical condition changes significantly; or

(c) Your termination from SSI was not based on a review of current medical evidence.

(4) Children terminated from SSI due to loss of disabled status may be eligible for medical benefits under WAC 388-505-0210.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090 and 74.04.630. 02-11-033, 388-474-0015, filed 5/7/02, effective 6/7/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-474-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-524-2405.]

Washington State Code Reviser's Office