WSR 18-03-104 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Developmental Disabilities Administration) [Filed January 18, 2018, 10:13 a.m., effective January 19, 2018] Effective Date of Rule: January 19, 2018. Purpose: The department is amending 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?, to clarify language from recent amendments that may be interpreted in a way that limits a person's eligibility for state supplementary payments (SSP). These emergency rules clarify and correct the ambiguous language that may limit SSP eligibility. Citation of Rules Affected by this Order: Amending WAC 388-827-0105 and 388-827-0120. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: If the developmental disabilities administration does not enact these emergency rules, some clients who received SSP before June 2017 may be at risk of losing their SSP funds, which is a benefit available to supplemental security income recipients. These rules are necessary to preserve the public health, safety, or general welfare of SSP clients who may rely on SSP funds. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Date Adopted: January 8, 2018. 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 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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