WSR 07-19-104

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed September 19, 2007, 8:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-05-026.

Title of Rule and Other Identifying Information: The department is amending chapter 388-25 WAC, State supplementary payment (SSP) program.

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) 664-6094), on October 23, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 24, 2007.

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 DSHSRULESCOORDINATOR@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on October 23, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by October 16, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2002 Washington state legislature directed DSHS to begin paying an income supplement, called the state supplementary payment (SSP). The specific administrations directed to participate (DSHS economic services administration, division of developmental disabilities, health and recovery services administration, and aging and disability services administration) were not able to meet the federal requirement for maintenance of effort, so children's administration began participation January 1, 2004. Children's administration's implementation required the adoption of new rules within a new subchapter of chapter 388-25 WAC, the children's administration state supplementary payment program, and rule development was coordinated with the DSHS economic services administration, division of developmental disabilities, medical assistance administration, and aging and disability services administration.

Children's administration is amending WAC 388-25-1000 through WAC 388-25-1050 that discusses eligibility criteria for the children's administration state supplementary payment program (SSP).

Reasons Supporting Proposal: To comply with legislative directives, to respond to concerns from the federal Social Security Administration, and to make the SSP payment process more efficient and accurate.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031.

Statute Being Implemented: 2001-03 Supplemental budget - ESSB 6387 (chapter 371, Laws of 2002).

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

Name of Proponent: Department of social and health services, children's administration, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy Beckman, Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7977.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because these rules do not impact small businesses as described in RCW 19.85.020.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt from this requirement under RCW 34.05.328. These DSHS rules relate solely to financial eligibility for services from the DSHS children's administration.

September 4, 2007

Stephanie E. Schiller

Rules Coordinator

3912.2
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1000   What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?   The children's administration state supplementary payment (CA/SSP) is a state-paid cash assistance program for specific eligible foster children with the children's administration. The CA/SSP program may be discontinued at any time and for any reason, and is limited to the funds available to children's administration for such payments. Receipt of a CA/SSP payment in any month does not guarantee payment for subsequent months even if all eligibility criteria remain met.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1000, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1010   What are the eligibility requirements for the CA/SSP program?   To be eligible to receive CA/SSP, you must ((be a child who has entered foster care (Title 45 CFR 1355.20) and is eligible for and receiving Supplemental Security Income (SSI), receiving behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month, and not be eligible for foster care reimbursement under Title IV-E of the Social Security Act (42 U.S.C. 670))) meet all of the following eligibility requirements:

(1) Be a child who has entered foster care (Title 45 CFR 1355.20);

(2) Already receive Supplemental Security Income (SSI) benefits or have recently received notice of an award for such benefits; and

(3) Receive behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month; and

(4) Not receive foster care maintenance payments under Title IV-E of the Social Security Act (42.U.S.C. 670).

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1010, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1020   When will my eligibility for CA/SSP be determined?   The SSP eligibility verification and payment process is usually ((done)) completed two months following the month of your potential eligibility for an SSP payment. You will receive an SSP payment when all of the eligibility criteria (WAC 388-25-1010) have been verified. Children who have recently received notice of an award for SSI will receive a CA/SSP payment beginning the month the Social Security Administration places them into pay status, if all other eligibility criteria are met for that month.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1020, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1030   How will I know if I am eligible to receive a CA/SSP payment?   Once you have been identified as eligible for a CA/SSP payment, CA will send out written notification to the current SSI representative payee((s, legal guardians, and children age eighteen and above)).

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1030, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1050   What are my appeal rights if CA determines that I am not eligible for CA/SSP?   In the event that your eligibility for CA/SSP payments is denied or terminated, or the amount of such payments is reduced, you have the right to ((appeal children's administration's denial, termination, or reduction of eligibility for the CA/SSP under RCW 74.13.045 and chapter 34.05 RCW and chapter 388-02 WAC)) file an informal complaint pursuant to RCW 74.13.045 and chapter 388-39A WAC and to request a hearing under chapter 34.05 RCW and chapter 388-02 WAC, except that there is no right to a hearing if the reason for the change is lack of funding.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1050, filed 5/9/05, effective 6/9/05.]

Washington State Code Reviser's Office