WSR 02-14-080

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 28, 2002, 4:03 p.m. ]

Date of Adoption: June 28, 2002.

Purpose: The Division of Employment and Assistance Programs is adopting new WAC 388-474-0012, defining who is eligible to receive payments from the state supplemental payment program; amending WAC 388-478-0055, changing state supplemental payment standards to reflect the payment standard changes; and amending WAC 388-474-0015, to reflect changes in the state supplemental payment program.

Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0055 and 388-474-0015.

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

Other Authority: ESSB 6387 (chapter 371, Laws of 2002).

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 2002 supplemental budget, section 207, chapter 371, Laws of 2002, reduced funding available to the Economic Services Administration for state supplementary payments to SSI eligible recipients, and directed that "within the amount remaining in this section, SSI supplemental payments shall be used for current SSI recipients who have ineligible spouses." In its published "Final Budget - Statewide Agency Detail" for ESSB 6387 (chapter 371, Laws of 2002), the legislature clearly stated its intent that "Beginning July 2002, state supplemental payments will no longer be provided automatically to all persons receiving a federal SSI benefit. SSI recipients will continue to receive their federal benefits and their federally provided annual cost of living increases each January. Some recipients who are dependent on larger state supplements will be provided a transitional state supplemental payment." To comply with this requirement, it is necessary to modify the existing rules on an emergency basis. Following the statutory timeline for nonemergency adoption would mean the legislative changes could not be implemented by the beginning of the next fiscal year on July 1, 2002, and in turn that would result in an over-expenditure of funds appropriated for this purpose. Over-expenditure would result in the department making more drastic cuts later in the fiscal year, leaving many clients without needed benefits.

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 1, Amended 2, 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 1, Amended 2, Repealed 0.
Effective Date of Rule: Immediately.

June 28, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3140.1
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.]


NEW SECTION
WAC 388-474-0012   What is a state supplemental payment and who can get it?   (1) The state supplemental payment (SSP) is a state-paid cash assistance program for certain clients who the Social Security Administration determines are eligible for Supplemental Security Income (SSI).

(2) You can get an SSP if:

(a) You are a grandfathered SSI recipient under WAC 388-474-0001; or

(b) You are an individual with an ineligible spouse under WAC 388-474-0001; or

(c) You are an individual with developmental disabilities who applies for and meets the division of developmental disabilities criteria for SSP.

[]

3051.2
AMENDATORY SECTION(Amending WSR 01-19-024, filed 9/12/01, effective 11/1/01)

WAC 388-478-0055   ((SSI payment standards for eligible recipients.)) How much do I get from my Supplemental Security Income (SSI) and state supplemental payments (SSP)?   (1) ((Supplemental Security Income ())SSI(())) is a federal cash assistance program for needy individuals and couples who meet federal disability guidelines as aged, blind or disabled. ((Since the SSI program began in January 1974, the state of Washington has added to the federal benefit level with state funds, known as the SSI state supplement. If you are found eligible for SSI, you will receive cash assistance based on the combined federal and state supplement benefit levels, minus countable income. An essential person is someone who lives with you and provides care and personal services that enable you to live in either your own home or the home of the essential person)) SSP is a payment from the state for certain SSI eligible people (see WAC 388-474-0012).

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 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 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 ((benefit levels)) payment level for an eligible individual and couple are:

(a) If you are living alone ((in area 1: King, Pierce, Snohomish, Thurston, and Kitsap Counties)).


LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions Federal ((Benefit)) Payment Level State Supplement ((Benefit)) Payment Level Combined Federal/State ((Benefit)) Payment Level
Individual $ ((531.00))

545.00

$ ((25.90))

0.00

$ ((556.90))

545.00

Individual with:

One essential person

(($ 797.00))

818.00

(($ 19.90))

0.00

(($ 816.90))

818.00

((Individual with:

Multiple essential persons))

(($531 for the eligible individual plus $266 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((531.00))

545.00

$ ((166.10))

70.00

$ ((697.10))

615.00

Couple $ ((796.00))

817.00

$ ((19.90))

0.00

$ ((815.90))

817.00

((Couple with one or more essential persons)) (($796 for eligible couple plus $266 for each essential person (no state supplement)))
Couple with one essential person $817.00 $0.00 $817.00

(b) ((If you are living alone in area 2: All other counties.


LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions

Federal Benefit Level

State Supplement Benefit Level

Combined Federal/State Benefit Level

Individual $ 531.00 $ 5.45 $ 536.45
Individual with:

One essential person

$ 797.00 $ 0.00 $ 797.00
Individual with:

Multiple essential persons

$531 for the eligible individual plus $266 for each essential person (no state supplement)
Individual with an ineligible spouse $ 531.00 $ 136.15 $ 667.15
Couple $ 796.00 $ 0.00 $ 796.00
Couple with one or more essential persons $796 for eligible couple plus $266 for each essential person (no state supplement)

(c)
)) If you are in shared living ((in either Area 1 or 2)).


SHARED LIVING - In the home of another person Federal ((Benefit)) Payment Level State Supplement ((Benefit)) Payment Level Combined Federal/State ((Benefit)) Payment Level
Individual $ ((354.00)) 363.34 $ ((3.71))

0.00

$ ((357.71)) 363.34
Individual with:

One essential person

(($ 531.34)) 545.34 (($ 4.20))

0.00

(($ 535.54)) 545.34
((Individual with:

Multiple essential persons))

(($354.00 for the eligible individual plus $177.00 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((354.00)) 363.34 $ ((101.66))

70.00

$ ((455.66)) 433.34
Couple $ ((530.67)) 544.67 $ ((4.20))

0.00

$ ((534.87)) 544.67
((Couple with one or more essential persons)) (($530.67 for eligible couple plus $177.00 for each essential person (no state supplement)))
Couple with one essential person $544.67 $0.00 $544.67

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


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

(((e) Mandatory income level (MIL) for grandfathered claimant. You are "grandfathered" if you qualified for assistance from the state as aged, blind, or disabled, were converted from the state to federal disability assistance under SSI in January 1974, and have remained continuously eligible for SSI since that date.

If you are a MIL client, your combined federal/state SSI benefit level is the higher of the following:

(i) The state assistance standard you received in December 1973, except if you resided in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

(ii) The current standard.))

[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.]

Washington State Code Reviser's Office