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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

Rules Coordinator

     (a) Begins on the first day of the month in which ((hospital expenses equal the spenddown amount)) eligibility is established; ((or)) and

     (b) ((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 months.

     (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.

     (3) ((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)).

     (4) ((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.]

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