PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-24-093.
Title of Rule and Other Identifying Information: Chapter 388-513 WAC, Client not in own home, institutional medical and chapter 388-515 WAC, Alternative living, institutional medical.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on September 25, 2012, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 26, 2012.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on September 25, 2012.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 4, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
| • | Combine categorically needy (CN) and medically needy (MN) home and community-based waiver eligibility based on approval by Centers for Medicare and Medicaid Services. |
| • | Update excess home equity standard and add formula for increase based on federal standards for January 2011, and ongoing. |
| • | Update federal utility standard used in spousal deeming. |
| • | Clarifying reasonable limits for qualifying medical deductions. |
| • | Update links and references based on program changes made by economic services administration (ESA) and health care authority (HCA). |
| • | Update links and references based on HB 1738 and HCA medicaid WACs recodified under TITLE 182 WAC. |
| • | Correction of language allowing the federal poverty level (FPL) as a personal needs allowance (PNA) for a married individual receiving a home and community-based waiver, living at home but apart from the community spouse. |
| • | Add language to the hardship waiver WAC to include transfers between registered domestic partners or legally married same sex couples up to the resource amount a married [couple] is allowed for transfer of resources. |
| • | Updating references and adding clarifying language. |
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.
Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.
Rule is necessary because of federal law, C.F.R. Title 42: 435.725; 435.217; 435.733. Section 6014 of the Deficit Reduction Act of 2005.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2271.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. [Rules] are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
July 19, 2012
Katherine I. Vasquez
Rules Coordinator
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-17 issue of the Register.