PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-513-1325 Determining available income for a single client for long-term care (LTC) services:
| • | Correcting WAC references to the appropriate supplemental security income (SSI) related WACs. |
| • | Defining LTC services in the title as institutional, waiver, or hospice. |
Citation of Existing Rules Affected by this Order: Amending WAC 388-513-1325.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.
Adopted under notice filed as WSR 07-11-131 on May 22, 2007.
Changes Other than Editing from Proposed to Adopted Version: Added subsection [(2)](g) referencing WAC for sponsored immigrants and how to determine if sponsors' income counts in determining benefits.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 27, 2007.
Stephanie E. Schiller
Rules Coordinator
3877.3(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; and
(g) WAC 388-450-0155, 388-450-0156 and 388-450-0160 for sponsored immigrants and how to determine if sponsors' income counts in determining benefits.
[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.]