WSR 97-24-035

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed November 26, 1997, 9:23 a.m., effective December 1, 1997]

Date of Adoption: November 26, 1997.

Purpose: The department plans to change the method of determining the supplemental security income (SSI) state supplement amount to stay within allotted levels. Under the Balanced Budget Act of 1997, SSI state supplement expenditures are expected to exceed allotments, so the department will return to the "total expenditure method" to hold expenditures to allotted levels. Under this method, state supplement expenditures in the current calendar year must "meet or exceed" total expenditures in the prior calendar year. This rule making is also necessary to pass along the federal 2.1 percent cost-of-living-adjustment (COLA) for the SSI program.

On December 1, 1997, the state supplement will be reduced by $6.10 on a one-time basis for approximately 84,000 SSI beneficiaries living in their own home. This change will not affect Medicaid coverage for these clients. The standards have not changed for SSI beneficiaries in shared living (supplied shelter), in a medical institution, or those "grandfathered" in 1974. This change is anticipated to reduce SSI state supplement expenditures for this calendar year by about $.5 million, allowing the state to meet federal "pass-along" requirements and stay within state allotments.

On January 1, 1998, the department will restore the state supplement payment amount to $1.00 below current levels, and extend the reduction to the entire caseload. The state will also pass along the federal SSI cost-of-living-adjustment (COLA) on January 1, 1998, which will offset the impact of the reduced amount of the state supplement for clients.

Citation of Existing Rules Affected by this Order: Amending WAC 388-250-1700.

Statutory Authority for Adoption: Social Security Act COLA Increases: Federal Register publication, Volume 62, Number 210, Pages 58762-58766.

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 December 1997 and January 1998 changes to the state supplement payment standard and the January 1998 changes to the federal benefit level were made to meet federal "pass-along" requirements under the "total expenditure method" and keep expenditures within state allotments.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, 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 1, 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 0, repealed 0.

Effective Date of Rule: December 1, 1997.

November 26, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-14-011, filed 6/19/97, effective 8/1/97)

WAC 388-250-1700 Standards of assistance--Supplemental security income. (1) Effective ((January)) December 1, 1997, the standards of SSI assistance paid to an eligible individual and couple are:

(((1))) (a) Living alone (own household or alternate care, except nursing homes or medical institutions).

Federal

SSI State

Standard Benefit Supplement

Area I: King, Pierce, Snohomish, Thurston, and Kitsap Counties

Individual $((512.00)) $484.00 $((28.00))

505.90 21.90

Individual with one essential person ((748.00)) 726.00 ((22.00))

741.90 15.90

Couple:

Both eligible ((748.00)) 726.00 ((22.00))

741.90 15.90

Includes one essential person ((748.00)) 726.00 ((22.00))

741.90 15.90

Includes ineligible spouse ((652.20)) 484.00 ((168.20))

646.10 162.10

Area II: All Counties Other Than the Above

Individual $((491.55)) 484.00 ((7.55))

485.45 $1.45

Individual with one essential person 726.00 726.00 0

Couple:

Both eligible 726.00 726.00 0

Includes one essential person 726.00 726.00 0

Includes ineligible spouse ((622.25)) 484.00 ((138.25))

616.15 132.15

Areas I and II:

Eligible individual with more than one essential person: $484.00 for eligible individual plus $242.00 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $726.00 for eligible couple plus $242.00 for each essential person (no state supplement).

(((2))) (b) Shared living (Supplied shelter): Area I and II

Federal

SSI State

Standard Benefit Supplement

Individual $328.48 $322.67 $ 5.81

Individual with one essential person 490.30 484.00 6.30

Couple:

Both eligible 490.30 484.00 6.30

Includes one essential person 490.30 484.00 6.30

Includes ineligible spouse 426.43 322.67 103.76

Area I and II:

Eligible individual with more than one essential person: $322.67 for eligible individual plus $161.33 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $484.00 for eligible couple plus $161.33 for each essential person (no state supplement).

(((3))) (c) Residing in a medical institution: Area I and II

Federal

SSI State

Standard Benefit Supplement

No change $41.62 $30.00 $11.62

(((4))) (d) Mandatory income level (MIL) for grandfathered claimant. ((Increased by three dollars and seventy-eight cents for all MIL clients, except for those converted in a "D" living arrangement (residing in a medical institution at the time of conversion))) No change.

(2) Effective January 1, 1998, the standards of SSI assistance paid to an eligible individual and couple are:

(a) Living alone (own household or alternate care, except nursing homes or medical institutions).

Federal

SSI State

Standard Benefit Supplement

Area I: King, Pierce, Snohomish, Thurston, and Kitsap Counties

Individual $521.00 $494.00 $ 27.00

Individual with one essential person 762.00 741.00 21.00

Couple:

Both eligible 762.00 741.00 21.00

Includes one essential person 762.00 741.00 21.00

Includes ineligible spouse 661.20 494.00 167.20

Area II: All Counties Other Than the Above

Individual $500.55 494.00 $6.55

Individual with one essential person 741.00 741.00 0

Couple:

Both eligible 741.00 741.00 0

Includes one essential person 741.00 741.00 0

Includes ineligible spouse 631.25 494.00 137.25

Areas I and II:

Eligible individual with more than one essential person: $494.00 for eligible individual plus $247.00 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $741.00 for eligible couple plus $247.00 for each essential person (no state supplement).

(b) Shared living (Supplied shelter): Area I and II

Federal

SSI State

Standard Benefit Supplement

Individual $334.15 $329.34 $ 4.81

Individual with one essential person 499.30 494.00 5.30

Couple:

Both eligible 499.30 494.00 5.30

Includes one essential person 499.30 494.00 5.30

Includes ineligible spouse 432.10 329.34 102.76

Area I and II:

Eligible individual with more than one essential person: $329.34 for eligible individual plus $164.66 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $494.00 for eligible couple plus $164.66 for each essential person (no state supplement).

(c) Residing in a medical institution: Area I and II

Federal

SSI State

Standard Benefit Supplement

No change $41.62 $30.00 $11.62

(d) Mandatory income level (MIL) for grandfathered claimant. Decreased by one dollar for all MIL clients, except for those converted in a "D" living arrangement (residing in a medical institution at the time of conversion).