WSR 18-02-097 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed January 3, 2018, 9:47 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-19-101. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-827-0105 Who is eligible for a state supplementary payment? and 388-827-0120 May DDA deny, reduce, or terminate a state supplementary payment? Hearing Location(s): On February 6, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than February 7, 2018. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 6, 2018. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 23, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to these rules clarify language related to state supplementary payments (SSP) program eligibility. Reasons Supporting Proposal: These changes are necessary to preserve public health, safety, and general welfare of SSP clients who rely on SSP funds and may be at risk of losing program eligibility. Statutory Authority for Adoption: RCW 71A.12.030. Statute Being Implemented: RCW 71A.12.030. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Lonnie Keesee, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1529. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4) because the rules do not affect small businesses. Explanation of exemptions: The proposed amendments will impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required. December 27, 2017 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-13-022, filed 6/12/17, effective 7/13/17)
WAC 388-827-0105 Who is eligible for a state supplementary payment?
(1) The developmental disabilities administration (DDA) must not enroll you in state supplementary payments after the effective date of this section, unless you are eligible for a state supplementary payment for prevocational legacy.
(2) To be eligible for a state supplementary payment, you must meet all general eligibility requirements under subsection (3) of this section and any applicable program-specific requirements under subsections (4) through (8) of this section.
(3) To be eligible for a state supplementary payment, you must:
(a) Be determined DDA eligible under chapter 388-823 WAC;
(b) Complete an in-person interview and reassessment with DDA once every twelve months—or more often if DDA deems it necessary—to determine whether you continue to meet eligibility requirements; and
(c) Be financially eligible because:
(i) You receive supplementary security income cash assistance for the month in which the state supplementary payment is issued; or
(ii) You receive social security Title II benefits as a disabled adult child((, your SSI was terminated due to the receipt of these benefits,)) and you would be eligible for SSI if you did not receive these benefits.
(4) To be eligible for children's legacy care state supplementary payments, you must live with your family as defined in WAC 388-832-0001.
(5) To be eligible for a state supplementary payment for waiver services, you must be enrolled in a home and community based services waiver program as described in chapter 388-845 WAC.
(6) To be eligible for prevocational legacy state supplementary payments, you must:
(a) Have left prevocational services on or after September 1, 2015; and
(b) Not be enrolled in a DDA residential ((habilitative)) habilitation service.
(7) To be eligible for residential habilitation state supplementary payments, you must be receiving a residential habilitation service as described in chapter 388-845 WAC and as identified in your person-centered service plan.
(8) To be eligible for state supplementary payments in lieu of individual and family services you must be:
(a) At least three years old; and
(b) Living with your family as defined in WAC 388-832-0001.
AMENDATORY SECTION (Amending WSR 17-13-022, filed 6/12/17, effective 7/13/17)
WAC 388-827-0120 May DDA deny, reduce, or terminate a state supplementary payment?
(1) The developmental disabilities administration (DDA) may deny, reduce, or terminate a state supplementary payment if one or more of the following is true:
(a) You do not meet the eligibility requirements under WAC 388-827-0105;
(b) You do not cooperate with DDA during:
(i) Service planning; or
(ii) Required quality assurance and program monitoring activities;
(c) You choose to unenroll from state supplementary payments.
(2) Except for state supplementary payments for prevocational legacy and state supplementary payments for waiver services, DDA will terminate your state supplementary payment if you enroll in a DDA-administered home and community based services waiver.
(3) State supplementary payments are limited to available funding.
(4) DDA will terminate your state supplementary payments for prevocational legacy if you enter into a DDA prevocational service or a DDA residential habilitation service.
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