WSR 08-06-075

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed March 4, 2008, 12:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-07-003.

Title of Rule and Other Identifying Information: The department is amending WAC 388-478-0070 Monthly income and countable resource standards for medically needy (MN) and 388-478-0080 Supplemental security income (SSI) standards; SSI-related categorically needy income level (CNIL); and countable resource standards.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on April 8, 2008, at 10:00 a.m.

Date of Intended Adoption: Not sooner than April 9, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 8, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 1, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These two WAC sections are being amended to comply with federal Medicaid standard changes that became effective January 1, 2007. Additionally, HRSA is removing the dollar amounts from the payment standards to eliminate the necessity of amending the WAC every year. The current dollar amounts will be listed in the department's eligibility A-Z manual and the internet link to the manual is included in the WAC.

Reasons Supporting Proposal: To be in compliance with federal standards.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.500.

Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.500.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Mary Beth Ingram, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1327.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and determined that no new costs will be imposed on small businesses or nonprofit organization[s].

A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 354.05.328 [34.05.328] (5)(b)(vii) relating only to client medical or financial eligibility.

February 27, 2008

Stephanie E. Schiller

Rules Coordinator

3837.5
AMENDATORY SECTION(Amending WSR 06-06-013, filed 2/17/06, effective 3/20/06)

WAC 388-478-0070   Monthly income and countable resource standards for medically needy (MN).   (1) ((Beginning January 1, 2006, the medically needy income level (MNIL) is:


(((a) One person $603
(b) Two persons $603
(c) Three persons $667
(d) Four persons $742
(e) Five persons $858
(f) Six persons $975
(g) Seven persons $1,125
(h) Eight persons $1,242
(i) Nine persons $1,358
(j) Ten persons and more $1,483))

Changes to the medically needy income level (MNIL) occur on January 1st of each calendar year. Current income standards can be found at http://www1.dshs.wa.gov/pdf/esa/manual/Standards_C_MedAsst_Chart.pdf.

(2) ((The MNIL)) Medically needy standards for ((a)) persons who ((meets)) meet institutional status requirements ((is)) are in WAC ((388-513-1305(3))) 388-513-1395. The standard for a client who lives in an alternate living facility can be found in WAC 388-513-1305.

(3) Find the resource standards for institutional programs in WAC 388-513-1350. The institutional standard chart can be found at http://www1.dshs.wa.gov/manuals/eaz/sections/LongTermCare/LTCstandardspna.shtml.

(((3))) (4) Countable resource standards for the MN program ((is)) are:


(a) One person $2,000
(b) ((Two persons)) A legally married couple $3,000
(c) For each additional family member add $50

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, and Section 1924 of the Social Security Act (42 U.S.C. 1396r-5). 06-06-013, 388-478-0070, filed 2/17/06, effective 3/20/06. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 42 U.S.C. 9902(2). 05-06-090, 388-478-0070, filed 3/1/05, effective 4/1/05. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 42 U.S.C. 1396r-5. 02-10-116, 388-478-0070, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924 (42 U.S.C. 1396R-5). 01-12-073, 388-478-0070, filed 6/4/01, effective 7/5/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, and 74.09.575. 00-10-095, 388-478-0070, filed 5/2/00, effective 5/2/00; 99-11-054, 388-478-0070, filed 5/17/99, effective 6/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0070, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710, 388-507-0720, 388-511-1115, 388-518-1820, 388-518-1830, 388-518-1840 and 388-518-1850.]


AMENDATORY SECTION(Amending WSR 06-06-013, filed 2/17/06, effective 3/20/06)

WAC 388-478-0080   Supplemental security income (SSI) standards; SSI-related categorically needy income level (CNIL); and countable resource standards.   (1) The SSI payment standards, also known as the federal benefit rate (FBR), ((beginning)) change each January 1.((, 2006 are:

(a) Living alone (in own home or alternate care, does not include nursing homes or medical situations)


((Individual $603
Individual with an ineligible spouse $603
Couple $904

(b) Shared living (in the home of another)


Individual $402
Individual with an ineligible spouse $402
Couple $603

(c) Living in an institution


Individual $30))

(2) See WAC 388-478-0055 for the amount of the state supplemental payments (SSP) for SSI recipients.

(3) See WAC 388-513-1305 for standards of clients living in an alternate living facility.

(4) The SSI-related CNIL standards are the same as the SSI payment standards for single persons and couples. Those paying out shelter costs have a higher standard than people who have supplied shelter.((:


(((a) Single person $603
(b) Married couple - both eligible 904
(c) Supplied shelter - single person 402
(d) Supplied shelter couple - both eligible 603))

(((4))) (5) The countable resource standards for SSI and SSI-related CN medical programs are:


(a) One person $2,000
(b) A legally married couple $3,000

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, and Section 1924 of the Social Security Act (42 U.S.C. 1396r-5). 06-06-013, 388-478-0080, filed 2/17/06, effective 3/20/06. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 42 U.S.C. 9902(2). 05-06-090, 388-478-0080, filed 3/1/05, effective 4/1/05; 04-16-107, 388-478-0080, filed 8/3/04, effective 9/3/04. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 42 U.S.C. 1396r-5. 02-10-116, 388-478-0080, filed 4/30/02, effective 5/31/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924 (42 U.S.C. 1396R-5). 01-12-073, 388-478-0080, filed 6/4/01, effective 7/5/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, and 74.09.575. 00-10-095, 388-478-0080, filed 5/2/00, effective 5/2/00; 99-11-054, 388-478-0080, filed 5/17/99, effective 6/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0080, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1110.]

Washington State Code Reviser's Office