WSR 06-12-041

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 31, 2006, 4:33 p.m. , effective July 1, 2006 ]


Effective Date of Rule: July 1, 2006.

Purpose: The amended rule increases state supplemental payments (SSP) to individuals residing in nursing facilities by $2.06 effective July 1, 2006, as mandated by the 2005-07 revised omnibus operating budget - 2006 supplemental (ESSB 6386), signed by Governor Christine O. Gregoire on March 31, 2006.

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.

Other Authority: Section 207, chapter 372, Laws of 2006.

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: Emergency rules are needed to implement the legislature's directive in section 207, chapter 372, Laws of 2006 (2005-07 omnibus operating budget - 2006 supplemental (ESSB 6386)) to raise SSP payment levels to eligible department clients effective July 1, 2006, while the department completes the permanent adoption of this rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 31, 2005.

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