WSR 05-13-139

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed June 20, 2005, 4:43 p.m. ]

Subject of Possible Rule Making: WAC 388-513-1350 Defining the maximum amount of resources allowed and determining resource availability for long-term care (LTC) services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 74.09.530.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is making changes to the language, clarifying the rules, and updating the state spousal resource standard. Also, DSHS is clarifying that an individual retirement account (IRA) belonging to a community spouse is a countable resource when determining eligibility for long term care (Social Security Act section 1924 supersedes Social Security Income (SSI)-related rules).

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Rolley, MAA/EPACE, P.O. Box 45534, Olympia, WA 98504-5534, fax (360) 664-0910, phone (360) 725-1304, TTY 1-800-848-5429, e-mail rollelj@dshs.wa.gov.

June 20, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office