SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 21, 2020, 2:33 p.m.]
Preproposal statement of inquiry was filed as WSR 20-15-119.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)?
Hearing Location(s): On October 27, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up to date information.
Date of Intended Adoption: Not earlier than October 28, 2020.
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 27, 2020.
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 13, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments will decrease monthly SSP payments from $40.00 to $38.25 to supplemental security income (SSI) recipients who have an ineligible spouse, are age sixty five or older, or are blind. These changes are necessary to maintain the yearly total amount of SSP expenditures at the same level each calendar year. Proposed amendments will also clarify the SSP rate paid to SSI recipients in medical institutions.
Reasons Supporting Proposal: Federal law requires the department to maintain the total amount of SSI state supplement[al] benefit spending at the same level each calendar year, without an increase or decrease in total spending.
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: Olga Walker, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4641.
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, "This section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility …".
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS clients.
September 18, 2020
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-24-032, filed 11/28/18, effective 1/1/19)
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 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 minimum income level (MIL) client.
A change in living situation, cost-of-living adjustment (COLA), or federal benefit rate (FBR) 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 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
Individual (aged 65 and older)
Individual (blind as determined by SSA)
Individual with an ineligible spouse
Varies by individual based on federal requirements. Payments range between $0.54 and $199.77.
Monthly SSP Rate
(4) We may adjust the SSP rate standards at the end of the calendar year to comply with WAC 388-478-0057.
(5) The medical institution SSP rate is based on increasing the federal SSI personal needs allowance (PNA) up to the current Washington state institutional PNA standard described in WAC 182-513-1105. The state rate may be adjusted by the percentage of the cost-of-living adjustment (COLA) for old-age, survivors and disability social security recipients as published by the federal social security administration. This adjustment is subject to state legislative funding. The current PNA rule used in institutional apple health is located at https://www.hca.wa.gov/health-care-services-supports/program-standard-income-and-resources.