PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-12-079.
Title of Rule: WAC 388-511-1130 SSI-related income availability.
Purpose: To improve the clarity and readability of the rule as directed by Governor's Executive Order 97-02.
Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.08.090.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, 925 Plum Street, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1344; Implementation and Enforcement: Rochelle Salsman, 925 Plum Street, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1329.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 26, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by September 19, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 26, 2000.
Date of Intended Adoption: Not before September 27, 2000.
August 10, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2814.2
The
department ((shall)):
(1) Considers client checks received in advance of the month
((the checks are normally received)) of normal receipt as income
in the month of normal receipt;
(2) Considers electronically transferred client funds
available as income in the month of normal receipt, regardless of
((whether)) the date the banking institution posted the funds to
the client's bank account ((before or after the month the funds
are payable));
(3) Includes as countable income to the client any earned or
unearned income amounts withheld due to garnishment under a
court, administrative or agency order. See WAC 388-513-1380(((4)))(7)(a) for garnishment ((affecting)) that
affects an institutionalized client; and
(4) Requires a client, as a condition of eligibility,
((require a client)) to take all necessary steps to obtain any
((annuities, pensions, retirement, and disability)) of the
following benefits to which the client is entitled((,)) unless
the client can show good cause for not doing so((. Annuities,
pensions, retirement, and disability benefits include, but are
not limited to, veteran's compensation and pensions, OASDI
benefits, railroad retirement benefits, and unemployment
compensation)):
(a) Annuity;
(b) Pension;
(c) Retirement;
(d) Disability; and
(e) Other benefits, including but not limited to:
(i) Unemployment compensation;
(ii) Veteran's compensation; or
(iii) Old age survivor's disability insurance (OASDI).
[Statutory Authority: RCW 74.08.090, 74.05.040 and 20 CFR 416.1110-1112, 1123 and 1160. 97-10-022, § 388-511-1130, filed 4/28/97, effective 5/29/97. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-511-1130, filed 5/3/94, effective 6/3/94. Formerly WAC 388-92-034 (part).]