WSR 03-08-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed April 1, 2003, 4:45 p.m. ]

Subject of Possible Rule Making: WAC 388-513-1340 Determining excluded income for long-term care (LTC) services and 388-450-0020 Income exclusions for SSI-related medical, as well as any other related rules. The amendments will clarify that veteran's aid and attendance and unusual medical expenses can be considered as third party resources as described in WAC 388-501-0200.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.08.090, and 74.09.185.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Veteran's benefits designated for aid and attendance or attributable to unusual medical expenses are excluded as income when determining eligibility for medical programs. They are also excluded when determining the participation that a client must pay for long-term care services. These benefits are intended to provide assistance to the client for costs related to the need for a caregiver and other medical costs. As such, the department may classify them as third party resources and the client is liable for payment of services.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Long-term care (LTC) services are provided through the Aging and Disability Services Administration (ADSA). Financial eligibility for LTC services is determined by ADSA and the Economic Services Administration (ESA). The amendments to these rules have been coordinated with these stakeholders.

Process for Developing New Rule: MAA will provide draft language before publishing rules and encourages stakeholders to submit written or verbal comments. When MAA files a notice of proposed rule making, we will notify interested parties of the scheduled hearing to adopt rules and how to submit comments. Draft material and information about how to participate are available by contacting the DSHS representatives identified below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary Beth Ingram, Program Manager, Medical Assistance Administration, Mailstop 45534, phone (360) 725-1327, fax (360) 664-0910, e-mail ingramb@dshs.wa.gov.

March 28, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office