Date of Adoption: October 21, 2003.

     Purpose: The department is amending WAC 388-478-0055 to add additional categories of SSI recipients who can get a state supplementary payment (SSP), and to update the SSP payment amounts for eligible recipients.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0055.

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

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: The emergency rule must be effective November 1, 2003, to permit the department to expand the base of SSP-eligible recipients in order to remain in compliance with federal law, otherwise the state could face federal sanctions jeopardizing all Medicaid funding to the state. Federal law requiring state supplementary payments to SSI recipients is found under 20 C.F.R. 416.2096 through 2099 and the Social Security Act Sec. 201 (42 U.S.C. 401) and Public Law 99-509 Sec. 9342 (42 U.S.C. 1395b). The rules are necessary in order to protect SSI aged and blind client rights to receive a public assistance payment (SSP). The department has filed a preproposal statement of inquiry, WSR 03-18-101, and is taking necessary steps to adopt this emergency rule as permanent. A proposed rule-making notice has been filed as WSR 03-21-124, and a public hearing on the proposed rule is scheduled for November 25, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Immediately.

October 21, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     If you are eligible for SSI, you may receive a federal cash payment from the federal Social Security Administration, as well as ((a)) an SSP cash payment from the state.

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

     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)) an 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 ((federal, state and combined)) SSP monthly payment level for ((an)) eligible persons under WAC 388-474-0012 and an individual ((and couple are)) residing in an institution is:

     (((a) If you are living alone.))

((LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions)) SSP Eligible Persons	((Federal Payment Level))		((State Supplement)) Monthly SSP Payment ((Level))		((Combined Federal/ State Payment Level))
((Individual))	(($552.00))		(($0.00))		(($552.00))
Individual ((with: One essential person)) (aged 65 or older) - Calendar year 2003	((829.00))		((0.00)) $100.00		((829.00))
Individual (blind) - Calendar year 2003		2	$100.00
Individual with an ineligible spouse - Calendar year 2003			$100.00
Individual (aged 65 or older) -Calendar year 2004			$21.00
Individual (blind) - Calendar year 2004			$21.00
Individual with an ineligible spouse - Calendar year 2004	(($552.00))		$((100.00)) 21.00		(($652.00))
((Couple))	(($829.00))		(($0.00))		(($829.00))
((Couple with one essential person))	(($829.00))		(($0.00))		(($829.00))
Grandfathered (MIL)			Varies by individual based on federal requirements. Ranges between $0.54 and $199.50

     (((b) If you are in shared living.))

((SHARED LIVING - In the home of another person))	((Federal Payment Level))		((State Supplement Payment Level))		((Combined Federal/ State Payment Level))
((Individual))	(($368.00))		(($0.00))		(($368.00))
((Individual with: One essential person))	((665.00))		((0.00))		((665.00))
((Individual with an ineligible spouse))	(($368.00))		(($100.00))		(($468.00))
((Couple))	(($552.67))		(($0.00))		(($552.67))
((Couple with one essential person))	(($665.00))		(($0.00))		(($665.00))

     (((c) If you are residing in a medical institution: Area 1 and 2.))

MEDICAL INSTITUTION	((Federal Payment Level))		((State Supplement))Monthly SSP Payment ((Level))		((Combined Payment Level))
Individual	(($ 30.00))		$ 11.62		(($ 41.62))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 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.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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