WSR 06-12-040

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 31, 2006, 4:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-07-146.

Title of Rule and Other Identifying Information: WAC 388-478-0055 How much do I get for my state supplemental payments (SSP)?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on July 11, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 12, 2006.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., July 11, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by July 7, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule change would increase the payments to individuals residing in nursing facilities by $2.06 per month.

Reasons Supporting Proposal: The rule change is necessary to increase state supplemental payments to individuals residing in nursing facilities by $2.06 per month as mandated by section 207, chapter 372, Laws of 2006, the 2005-07 Revised Omnibus Operating Budget - 2006 Supplemental (ESSB 6386), signed by Governor Christine O. Gregoire on March 31, 2006.

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

Statute Being Implemented: Section 207, chapter 372, Laws of 2006.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Logan MacGregor, 1009 College S.E., Lacey, WA 98504, (360) 725-4605.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vi) which states in-part, "[t]his section does not apply to...rules that see fees or rates pursuant to legislative standards." The proposed rule revises SSP rates pursuant to legislative standards in section 207, chapter 372, Laws of 2006.

May 24, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3668.1
AMENDATORY SECTION(Amending WSR 06-01-045, filed 12/15/05, effective 1/15/06)

WAC 388-478-0055   How much do I get from my state supplemental payments (SSP)?   (1) The SSP is a payment from the state for certain SSI eligible people (see WAC 388-474-0012).

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

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 monthly SSP rates for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:


SSP eligible persons Monthly SSP Rate
Individual (aged 65 and older) - Calendar Year 2005 $46.00
Individual (blind as determined by SSA) - Calendar Year 2005 $46.00
Individual with an ineligible spouse - Calendar Year 2005 $46.00
Grandfathered (MIL) Varies by individual based on federal requirements. Payments range between $0.54 and $199.77.


Medical institution Monthly SSP Rate
Individual $((21.62))

23.68

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090. 06-01-045, 388-478-0055, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-07-024, 388-478-0055, filed 3/8/04, effective 4/8/04; 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.]

Washington State Code Reviser's Office