WSR 08-13-089

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 17, 2008, 5:02 p.m. ]

Subject of Possible Rule Making: WAC 388-513-1315 Eligibility for long-term care (institutional, waiver, and hospice) services and 388-513-1320 Determining institutional status for long-term care (LTC) services, the department may adopt and amend other rules as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, and 74.09.575.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

DSHS is clarifying institutional status for person(s) under the age of eighteen receiving inpatient mental health treatment.
DSHS is clarifying institutional status for person(s) age eighteen through twenty in a psychiatric facility.
DSHS is clarifying WAC to match federal rules regarding institutional status.
DSHS is adding information in WAC 388-513-1315 regarding excess home equity in primary residence, disclosure of annuity requirement, and request for LTC services for SSI recipients, per Deficit Reduction Act requirements.
DSHS is clarifying those not meeting citizenship requirements of medicaid are not eligible for waiver programs.
DSHS is updating WAC references and clarifying language.
The department may adopt and amend other rules on this subject as necessary.

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Rolley, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2271, fax (360) 407-7582, e-mail rollelj@dshs.wa.gov.

June 17, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office