SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: DSHS is removing references to hospital expenses to comply with federal regulations.
Citation of Existing Rules Affected by this Order: Amending WAC 388-416-0020.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.500.
Adopted under notice filed as WSR 08-18-048 on August 29, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 13, 2008.
Stephanie E. Schiller
(a) Begins on the first day of the month in which
hospital expenses equal the spenddown amount)) eligibility
is established; (( or)) and
On the day that spenddown is met, when hospital
expenses are less then the spenddown amount or no hospital
expenses are involved)) Is approved for twelve calendar
(2) The certification period ((
continues through the last
day of the final month of the base period as described in
chapter 388-519 WAC)) for the noninstitutional MN program for
clients with countable income above the MNIL:
(a) Begins on the day that spenddown is met; and
(b) Continues through the last day of the final month of the base period as described in WAC 388-519-0110.
The)) A retroactive MN certification period (( can
begin up to)) may be established for any or all of the three
months immediately prior to the month of application (( as
described in chapter 388-519 WAC)).
The certification period for MN clients with income
below the medically needy income level (MNIL) is twelve
months)) Expenses used to meet the spenddown liability for the
current or the retroactive certification periods are the
responsibility of the client. The department is not
responsible to pay for any expense or portion of an expense
which has been used to meet the spenddown liability. See WAC 388-519-0110.
(5) A new application must be submitted for each subsequent certification period for which medically needy coverage is requested.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-416-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-521-2105 and 388-521-2130.]