Date Adopted: December 19, 2003.

     Purpose: To amend the rule to add additional categories of supplemental security income (SSI) recipients who can get a state supplementary payment (SSP). This rule replaces an emergency rule filed as WSR 03-21-147 on October 22, 2003.

     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 immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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 January 1, 2004, in order to protect eligible SSI client rights to receive a state funded 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. These rules must become effective on January 1, 2004, to permit the department to amend SSP payment rates in order to remain in compliance with federal law, otherwise the state risks losing access to federal Medicaid funds under Title XIX of the Social Security Act. Federal regulations requiring state supplementary payments to SSI recipients is found under 20 C.F.R. 416.2095 through 2099.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 1, 2004.

December 19, 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 SSP cash payment from the state.))

     If you ((were)) converted to the federal SSI program from state assistance ((to the federal SSI program in January 1974)) in January 1974, because you were aged, blind, or disabled, and have remained continously eligible for SSI since January 1974, 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 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 payment level for an eligible individual and couple are:

     (a) If you are living alone.)) monthly SSP rates for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:

((LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions)) SSP eligible persons	((Federal Payment Level))		((State Supplement Payment Level)) Monthly SSP Rate		((Combined Federal/ State Payment Level))
Individual (aged 65 and older) -Calendar Year 2004	(($552.00))		$((0.00)) 46.00		(($552.00))
Individual ((with: One essential person)) (blind as determined by SSA) -Calendar Year 2004	((829.00))		((0.00)) $46.00		((829.00))
Individual with an ineligible spouse - Calendar Year 2004	(($552.00))		$((100.00)) 46.00		(($652.00))
((Couple)) Grandfathered (MIL)	(($829.00))		(($0.00)) Varies by individual based on federal requirements. Payments range between $0.54 and $199.50.		(($829.00))
((Couple with one essential person))	(($829.00))		(($0.00))		(($829.00))

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

((SHARED LIVING - In the home of another person)) Medical institution	((Federal Payment Level))		((State Supplement Payment Level)) Monthly SSP Rate		((Combined Federal/ State Payment Level))
Individual	(($368.00))		$((0.00)) 11.62		(($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 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.]