WSR 18-19-072
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 17, 2018, 4:04 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-15-045.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)?
Hearing Location(s): On October 23, 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 October 24, 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., October 23, 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 October 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-478-0055 to update the monthly SSP rate for those in medical institutions effective January 1, 2019, from $27.28 to $40.00. The maximum personal needs allowance (PNA) standard has increased to seventy dollars for those in medical institutions and residential settings. PNA is comprised of a social security withholding of $30.00 and the remainder of PNA is supplemented with SSP.
Reasons Supporting Proposal: This amendment is necessary in order to comply with SHB 2651 (chapter 137, Laws of 2018), which increases the PNA standard for those in medical and residential settings.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jared Beard, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4617.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
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(3) as the rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: The department is required to amend WAC 388-478-0055 per RCW
74.09.340.
September 13, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-22-037, filed 10/31/13, effective 12/1/13)
WAC 388-478-0055How much do I get from my state supplemental payments (SSP)?
(1) The SSP is a payment from the state to certain SSI eligible people (((see))as described in WAC 388-474-0012(())).
(2) 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))minimum income level (MIL) client.
A change in living situation, cost-of-living adjustment (COLA), or federal ((payment level (FPL)))benefit rate (FBR) can affect a grandfathered (((MIL)))MIL client. A grandfathered (((MIL)))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)))COLA since then; or
(b) The current payment standard.
(3) The monthly SSP rate standards for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:
SSP eligible persons | Standard |
Individual (aged 65 and older) | $40.00 | |
Individual (blind as determined by SSA) | $40.00 | |
Individual with an ineligible spouse | $40.00 | |
Grandfathered (MIL) | Varies by individual based on federal requirements. Payments range between $0.54 and $199.77. |
Medical institution | Monthly SSP Rate |
Individual | (($27.28))$40.00 | |
(4) We may adjust the SSP rate standards at the end of the calendar year to comply with WAC 388-478-0057.