H-0184.1

HOUSE BILL 1026

ByRepresentatives Abbarno and Schmick

AN ACT Relating to protecting spouses by allowing the sharing of benefits under the long-term services and supports trust program; and adding a new section to chapter 50B.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 50B.04 RCW to read as follows:

(1) A qualified individual may elect to transfer any or all of the qualified individual's available benefit units to the qualified individual's spouse if the receiving spouse:

(a)(i) Does not meet the criteria to be a qualified individual under RCW 50B.04.050; and

(ii) Following an evaluation, is determined to meet the functional criteria necessary to become an eligible beneficiary as established in RCW 50B.04.060; or

(b)(i) Has met the criteria to be a qualified individual under RCW 50B.04.050;

(ii) Following an evaluation, is determined to meet the functional criteria necessary to become an eligible beneficiary as established in RCW 50B.04.060; and

(iii) Has exhausted the benefit units available to the receiving spouse under the program.

(2) A qualified individual who transfers benefit units to a spouse shall have the amount of transferred units deducted from the amount of benefit units available to the qualified individual who makes the transfer.

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