Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-138.

     Title of Rule and Other Identifying Information: WAC 388-513-1380 Determining a client's participation in the cost of care for long-term care (LTC) services.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on January 24, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than January 25, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 24, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by January 20, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules:

•	To change the community spouse income and family allocation standard to $1,604 (effective April 1, 2005);
•	To increase the shelter allocation standard to $481 (effective April 1, 2005).
•	To change the personal needs allowance (PNA) allowed for clients residing in a medical facility who are not receiving general assistance to $51.62 (effective July 1, 2005);
•	To change the community spousal resource share standard to $99,540 (effective January 1, 2006);
•	To include information regarding health insurance premiums for the Medicare/Medicaid integration project (MMIP) and program of all-inclusive care for the elderly (PACE); and
•	To improve the clarity and readability of the rule.

     Reasons Supporting Proposal: This updates standard changes in determining eligibility for long-term care Medicaid programs and clarifies information regarding health insurance premiums for the MMIP program.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.

     Statute Being Implemented: Section 207, chapter 518, Laws of 2005; Sec. 1924 Social Security Act (42 U.S.C. 1396r-5).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Lori Rolley, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1304; and Implementation: Mary Lou Percival, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2318.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule amendment does not affect small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. Client eligibility rules for medical and financial assistance programs are exempt from the cost-benefit analysis requirement according to RCW 34.05.328 (5)(b)(vii).

December 7, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (1) For a client receiving institutional or hospice services in a medical ((facility)) institution, the department applies all subsections of this rule.

     (2) For a client receiving ((waivered)) waiver services at home or in an alternate living facility, the department applies only those subsections of this rule that are cited in the rules for those programs.

     (3) For a client receiving hospice services at home, or in an alternate living facility, the department applies rules used for the community options program entry system (COPES) for hospice applicants with income under the Medicaid special income level (SIL), if the client is not otherwise eligible for another noninstitutional categorically needy Medicaid program. (Note: For hospice applicants with income over the Medicaid SIL, medically needy Medicaid rules apply.)

     (4) Excess resources are reduced in an amount equal to ((incurred)) medical expenses incurred by the client (for definition see WAC 388-519-0110(10)) that are not subject to third-party payment and for which the client is liable, including:

     (a) Health insurance and Medicare premiums, deductions, and co-insurance charges;

     (b) Necessary medical care recognized under state law, but not covered under the state's Medicaid plan; and

     (c) The amount of excess resources is limited to the following amounts:

     (i) For LTC services provided under the categorically needy (CN) program, the amount described in WAC 388-513-1315(3); or

     (ii) For LTC services provided under the medically needy (MN) program, the amount described in WAC 388-513-1395 (2)(a) or (b).

     (5) The department allocates nonexcluded income ((up to a total of the medically needy income level (MNIL))) in the following order and the combined total of (5)(a), (b), (c), and (d) cannot exceed the medically needy income level (MNIL):

     (a) A personal needs allowance (PNA) of:

     (i) One hundred sixty dollars for a client living in a state veterans' home;

     (ii) Ninety dollars for a veteran or a veteran's surviving spouse, who receives ((a)) the ninety dollar VA improved pension and does not live in a state veterans' home; or

     (iii) Forty-one dollars and sixty-two cents for all ((other)) clients in a medical ((facility)) institution receiving general assistance.

     (iv) Effective July 1, 2005, fifty-one dollars and sixty-two cents for all other clients in a medical institution.

     (b) Federal, state, or local income taxes owed by the client.

     (c) Wages for a client who:

     (i) Is related to the supplemental security income (SSI) program as described in WAC 388-503-0510(1); and

     (ii) Receives the wages as part of a department-approved training or rehabilitative program designed to prepare the client for a less restrictive placement. When determining this deduction employment expenses are not deducted.

     (d) Guardianship fees and administrative costs including any attorney fees paid by the guardian, after June 15, 1998, only as allowed by chapter 388-79 WAC.

     (6) The department allocates nonexcluded income after deducting amounts described in subsection (5) in the following order:

     (a) Income garnisheed for child support:

     (i) For the time period covered by the PNA; and

     (ii) Not deducted under another provision in the post-eligibility process.

     (b) A monthly maintenance needs allowance for the community spouse not to exceed, effective January 1, ((2005)) 2006, two thousand ((three)) four hundred ((seventy-eight)) eighty-nine dollars, unless a greater amount is allocated as described in subsection (8) of this section. The monthly maintenance needs allowance:

     (i) Consists of a combined total of both:

     (A) An amount added to the community spouse's gross income to provide a total of one thousand ((five)) six hundred ((sixty-two)) four dollars, effective April 1, 2005; and

     (B) Excess shelter expenses as ((specified)) described under subsection (7) of this section; and

     (ii) Is allowed only to the extent the client's income is made available to the community spouse.

     (c) A monthly maintenance needs amount for each minor or dependent child, dependent parent or dependent sibling of the community spouse or institutionalized ((spouse)) person who:

     (i) Resides with the community spouse((,)):

     (A) In an amount equal to one-third of ((the amount that)) one thousand ((five)) six hundred ((sixty-two)) four dollars ((exceeds)) less the dependent family member's income; and

     (B) Is effective April 1, 2005.

     (ii) Does not reside with the community spouse or institutionalized person, in an amount equal to the MNIL for the number of dependent family members in the home less ((the income of)) the dependent family ((members)) member's income.

     (iii) Child support received from noncustodial parent is the child's income.

     (d) Incurred medical expenses described in subsections (4)(a) and (b) not used to reduce excess resources with the following exceptions:

     (i) Private health insurance premiums for Medicare/Medicaid integration project (MMIP); and

     (ii) Managed care health insurance premiums for program of all-inclusive care for the elderly (PACE).

     (e) Maintenance of the home of a single client or institutionalized couple:

     (i) Up to one hundred percent of the one-person federal poverty level per month;

     (ii) Limited to a six-month period;

     (iii) When a physician has certified that the client is likely to return to the home within the six-month period; and

     (iv) When social services staff documents initial need for the income exemption ((and reviews the client's circumstances after ninety days)).

     (7) For the purposes of this section, "excess shelter expenses" means the actual expenses under subsection (7)(b) less the standard shelter allocation under subsection (7)(a). For the purposes of this rule:

     (a) The standard shelter allocation is four hundred ((sixty-nine)) eighty-one dollars, effective April 1, ((2004)) 2005; and

     (b) Shelter expenses are the actual required maintenance expenses for the community spouse's principal residence for:

     (i) Rent;

     (ii) Mortgage;

     (iii) Taxes and insurance;

     (iv) Any maintenance care for a condominium or cooperative; and

     (v) The food stamp standard utility allowance for four persons, provided the utilities are not included in the maintenance charges for a condominium or cooperative.

     (8) The amount allocated to the community spouse may be greater than the amount in subsection (6)(b) only when:

     (a) A court enters an order against the client for the support of the community spouse; or

     (b) A hearings officer determines a greater amount is needed because of exceptional circumstances resulting in extreme financial duress.

     (9) A client who is admitted to a medical facility for ninety days or less and continues to receive full SSI benefits is not required to use the SSI income in the cost of care for medical services. Income allocations are allowed as described in this section from non-SSI income.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 42 U.S.C. 9902(2). 05-07-033, § 388-513-1380, filed 3/9/05, effective 4/9/05. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.575; 2003 1st sp.s. c 28, and section 1924 of the Social Security Act (42 U.S.C. 1396R-5). 04-04-072, § 388-513-1380, filed 2/2/04, effective 3/4/04. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500 and Section 1924 (42 U.S.C. 1396R-5). 01-18-055, § 388-513-1380, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924(g) of the Social Security Act. 00-17-058, § 388-513-1380, filed 8/9/00, effective 9/9/00. Statutory Authority: RCW 72.36.160, 74.04.050, 74.04.057, 74.08.090, 74.09.500 and Section 1924(g) of the Social Security Act, Section 4715 of the BBA of 1997 (Public Law 105-33, HR 2015). 99-11-017, § 388-513-1380, filed 5/10/99, effective 6/10/99. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 43.20B.460, 11.92.180, and Section 1924 (42 USC 396r-5). 98-08-077, § 388-513-1380, filed 3/31/98, effective 4/1/98. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and Social Security Act, Federal Register, March 10, 1997, pgs. 10856 - 10859, 42 U.S.C. 1396 (a)(l)(m). 97-16-008, § 388-513-1380, filed 7/24/97, effective 7/24/97. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter 95-44. 96-09-033 (Order 3963), § 388-513-1380, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 74.08.090. 95-11-045 (Order 3848), § 388-513-1380, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter 94-49, notice of increase in SSI level. 95-05-022 (Order 3832), § 388-513-1380, filed 2/8/95, effective 3/11/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1380, filed 5/3/94, effective 6/3/94. Formerly WAC 388-95-360.]