WSR 07-21-141

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 24, 2007, 9:28 a.m. , effective October 27, 2007 ]


Effective Date of Rule: October 27, 2007.

Purpose: The department is requesting to extend the emergency adoption of WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)?, these rule changes are necessary to increase the state supplemental payments by $1.77 per month beginning July 1, 2007, for SSI clients who reside in nursing facilities, residential habilitation centers, or state hospitals and who receive a personal needs allowance as required by chapter 522, Laws of 2007, signed by Governor Christine O. Gregoire on May 15, 2007. The department is currently working on the regular rule-filing process. A CR-102 (WSR 07-18-067) was filed on September 4, 2007.

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: Chapter 522, Laws of 2007, signed by Governor Christine O. Gregoire on May 15, 2007.

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: These rule changes are necessary to increase the state supplemental payment of $1.77 per month beginning July 1, 2007, as required by chapter 522, Laws of 2007, signed by Governor Christine O. Gregoire on May 15, 2007. This extends the emergency rule filed as WSR 07-14-073 while the department completes the permanent rule adoption process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 23, 2007.

Stephanie E. Schiller

Rules Coordinator

3881.1
AMENDATORY SECTION(Amending WSR 06-16-071, filed 7/28/06, effective 8/28/06)

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 $((23.68))

25.45

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 06-16-071, 388-478-0055, filed 7/28/06, effective 8/28/06. 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