WSR 18-06-101 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed March 7, 2018, 9:07 a.m., effective April 7, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 388-827-0105 and 388-827-0120 to ensure clients eligible for state supplementary payments remain eligible. The previous amendments to these rules, filed as WSR 17-13-022 on June 12, 2017, enacted ambiguous language that put current clients at risk of losing state supplementary payments. Citation of Rules Affected by this Order: Amending WAC 388-827-0105 and 388-827-0120. Statutory Authority for Adoption: RCW 71A.12.030. Adopted under notice filed as WSR 18-02-097 on January 3, 2018. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Date Adopted: March 6, 2018. Cheryl Strange Secretary
AMENDATORY SECTION (Amending WSR 17-13-022, filed 6/12/17, effective 7/13/17)
WAC 388-827-0105 Who 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 security income cash assistance 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((, your SSI was terminated due to the receipt of these benefits,)) and you would be eligible for SSI if you did not receive these benefits.
(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 ((habilitative)) 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.
AMENDATORY SECTION (Amending WSR 17-13-022, filed 6/12/17, effective 7/13/17)
WAC 388-827-0120 May DDA deny, reduce, or terminate a state supplementary payment?
(1) The developmental disabilities administration (DDA) may deny, reduce, or terminate a state supplementary payment if one or more of the following is true:
(a) You do not meet the eligibility requirements under WAC 388-827-0105;
(b) You do not cooperate with DDA during:
(i) Service planning; or
(ii) Required quality assurance and program monitoring activities;
(c) You choose to unenroll from state supplementary payments.
(2) Except for state supplementary payments for prevocational legacy and state supplementary payments for waiver services, DDA will terminate your state supplementary payment if you enroll in a DDA-administered home and community based services waiver.
(3) State supplementary payments are limited to available funding.
(4) DDA will terminate your state supplementary payments for prevocational legacy if you enter into a DDA prevocational service or a DDA residential habilitation service.
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