WSR 07-11-131



(Aging and Disability Services Administration)

[ Filed May 22, 2007, 9:22 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-07-096.

     Title of Rule and Other Identifying Information: WAC 388-513-1325 Determining available income for a single client 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 or by calling (360) 664-6097), on June 26, 2007, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 27, 2007.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m. on June 26, 2007.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller by June 19, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

     • DSHS is correcting WAC references to the appropriate SSI related WACs.

     • DSHS is defining LTC services in the title as Institutional, Waiver, or Hospice.

     Reasons Supporting Proposal: See above.

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

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530.

     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, 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 department has analyzed the proposed rules and determined that no new costs will be imposed on small businesses or nonprofits.

     A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt, per RCW 34.05.328 (5)(b)(vii), relating only to client medical or financial eligibility.

May 16, 2007

Stephanie E. Schiller, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 00-01-051, filed 12/8/99, effective 1/8/00)

WAC 388-513-1325   Determining available income for an SSI-related single client for long-term care (LTC) services (institutional, waiver or hospice).   This section describes income the department considers available when determining an SSI-related single client's eligibility for LTC services (institutional, waiver or hospice).

     (1) Refer to WAC 388-513-1330 for rules related to available income for legally married couples.

     (2) The department must apply the following rules when determining income eligibility for SSI-related LTC services:

     (a) WAC ((388-450-0005 (3) and (4), Income--Ownership and availability)) 388-475-0600 Definition of income;

     (b) WAC ((388-450-0085, Self-employment income--Allowable expenses)) 388-475-0650 Available income;

     (c) WAC ((388-450-0210 (4)(b), (e), and (h), Countable income for medical programs)) 388-475-0700 Income eligibility;

     (d) WAC ((388-506-0620, SSI-related medical clients)) 388-475-0750 Countable unearned income;

     (e) WAC ((388-511-1130, SSI-related income availability)) 388-475-0840(3) Self employment income-allowable expenses; and

     (f) WAC 388-513-1315 (((15) and)) (16), Eligibility for long-term care (institutional, waiver((ed)), and hospice) services.

[Statutory Authority: RCW 11.92.180, 43.20B.460, 48.85.020, 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.[09.]575, 74.09.585; 20 C.F.R. 416.1110-1112, 1123 and 1160; 42 C.F.R. 435.403 (j)(2) and 1005; and Sections 17, 1915(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1325, filed 12/8/99, effective 1/8/00.]

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