WSR 07-21-020

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 8, 2007, 10:52 a.m. , effective November 8, 2007 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is amending WAC 388-106-0225 How do I pay for MPC?, to increase the personal needs allowance 3.3%. This change is due to the Washington state 2007-09 operating budget (SHB 1128).

     When effective, these permanent rules supersede emergency rules filed as WSR 07-17-147.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0225.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

     Other Authority: Washington state 2007-09 operating budget (SHB 1128).

      Adopted under notice filed as WSR 07-17-146 on August 21, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 1, 2007.

Stephanie E. Schiller

Rules Coordinator

3882.3
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0225   How do I pay for MPC?   (1) If you live in your own home, you do not participate toward the cost of your personal care services.

     (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 dollars and eighty-four cents per month)) forty dollars and twelve cents. You keep an additional twenty dollar disregard from non-SSI income;

     (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 described in WAC 388-513-1305. You ((will receive)) are allowed to keep a personal needs allowance of ((fifty-eight)) forty dollars and ((eighty-four)) twelve cents. You keep an additional twenty dollar disregard from non-SSI income; 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.]

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