WSR 04-13-135

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed June 22, 2004, 3:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-081.

Title of Rule and Other Identifying Information: WAC 388-478-0085 Medicare savings program--Monthly income and countable resource standards.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on July 27, 2004, at 10:00 a.m.

Date of Intended Adoption: Not sooner than July 28, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., July 27, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by July 23, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule updates the standards for the Medicare savings programs due to a change in federal rules. The change was effective April 1, 2004.

Reasons Supporting Proposal: A change in federal standards as published in the Federal Register February 13, 2004 (Vol. 69, No. 30).

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.09.500, 42 U.S.C. 9902(2).

Rule is necessary because of federal law, 42 U.S.C. 9902(2).

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule revision does not affect small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This DSHS rule related to client medical and financial eligibility is exempt from the provisions of RCW 34.05.328.

June 18, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3221.3
AMENDATORY SECTION(Amending WSR 01-18-056, filed 8/30/01, effective 9/30/01)

WAC 388-478-0085   Medicare ((cost sharing)) savings programs--Monthly income and countable resources standards.   (1) The qualified Medicare beneficiary (QMB) program income standard is up to one hundred percent of the Federal Poverty Level (FPL). Beginning April 1, ((2001)) 2004, the QMB program's income standards are:


(a) One person $((716))

776

(b) Two persons $((968))

1041


(2) The special low-income Medicare beneficiary (SLMB) program income standard is over one hundred percent of FPL, but ((under)) not more than one hundred twenty percent of FPL. Beginning April 1, ((2001)) 2004, the SLMB program's income standards are:


Minimum Maximum
(a) One person $((716.01))

776.01

$((859))

931

(b) Two persons $((968.01))

1041.01

$((1161))

1249


(3) The ((expanded special low-income Medicare beneficiary (ESLMB))) qualified individual (QI-1) program income standard is over one hundred twenty percent of FPL, but ((under)) not more than one hundred thirty-five percent of FPL. Beginning April 1, ((2001)) 2004, the ((ESLMB)) QI-1 program's income standards are:


Minimum Maximum
(a) One person $((859.01))

931.01

$((967))

1048

(b) Two persons $((1161.01))

1249.01

$((1307))

1406


(4) The qualified disabled working individual (QDWI) program income standard is ((up to)) two hundred percent of FPL. Beginning April 1, ((2001)) 2004, the QDWI program's income standards are:


(a) One person $((1432))

1552

(b) Two persons $((1935))

2082


(5) ((The qualified individual (QI) program income standard is over one hundred thirty-five percent of FPL, but under one hundred seventy-five percent of FPL. Beginning April 1, 2001, the QI program's income standards are:


Minimum Maximum
(a) One person $967.01 $1253
(b) Two persons $1307.01 $1694

(6))) The resource standard for the Medicare ((cost sharing)) savings programs in this section is:


(a) One person $4000
(b) Two persons $6000

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 673(2) (42 U.S.C. 9902(2)). 01-18-056, 388-478-0085, filed 8/30/01, effective 9/30/01; 00-17-085, 388-478-0085, filed 8/14/00, effective 9/14/00; 99-19-005, 388-478-0085, filed 9/3/99, effective 10/4/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0085, filed 7/31/98, effective 9/1/98. Formerly WAC 388-517-1715, 388-517-1730, 388-517-1750 and 388-517-1770.]

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