PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-12-064.
Title of Rule and Other Identifying Information: The department is amending WAC 388-106-0225 How do I pay for MPC?
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. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on September 4, 2007, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 5, 2007.
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 schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on September 4, 2007.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by August 28, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsljl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-106-0225 as follows:
| • | Increasing the personal needs allowance (PNA) 3.3% due to chapter 522, Laws of 2007 (SHB 1128). |
| • | Clarifying a supplemental security income (SSI) related client determined medicaid eligible pays available income to an alternate living facility (ALF) after allowing a PNA of $60.78. |
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: Chapter 522, Laws of 2007 (SHB 1128).
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: Kristi Knudsen, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-3213.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed these 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.
July 27, 2007
Stephanie E. Schiller
Rules Coordinator
3882.1(2) If you live in a residential facility and are:
(a) An SSI beneficiary who receives only SSI income, you
only pay for board and room. You are allowed to keep a
personal needs allowance of at least ((thirty-eight)) forty
dollars and ((eighty-four)) twelve cents per month;
(b) An SSI beneficiary who receives SSI and SSA benefits,
you only pay for board and room. You are allowed to keep a
personal needs allowance of at least ((fifty-eight)) sixty
dollars and ((eighty-four)) seventy-eight cents per month;
(c) An SSI-related person under WAC 388-511-1105, you may
be required to participate towards the cost of your personal
care services in addition to your board and room if your
financial eligibility is based on the facility's state
contracted rate. You will receive a personal allowance of
((fifty-eight)) sixty dollars and ((eighty-four))
seventy-eight cents; or
(d) A GA-X client in a residential care facility, you are allowed to keep a personal allowance of only thirty-eight dollars and eighty-four cents per month. The remainder of your grant must be paid to the facility.
(3) The department pays the residential care facility from the first day of service through the:
(a) Last day of service when the Medicaid resident dies in the facility; or
(b) Day of service before the day the Medicaid resident is discharged.
[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0225, filed 5/17/05, effective 6/17/05.]