WSR 08-23-041

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 12, 2008, 2:15 p.m. ]

Subject of Possible Rule Making: The department is amending WAC 388-513-1301 Definitions related to long-term care (LTC) services and 388-513-1350 Defining the resource standard and determining resource eligibility for long-term care (LTC) services.

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 amending WAC 388-513-1301 and 388-513-1350 as follows:

Increasing the state spousal resource maximum from $45,104, based on RCW 74.09.575. The maximum resource allowance amount for the community spouse shall be adjusted by the consumer price index every other odd year on July 1, and will be effective July 1, 2009. DSHS will continue to point to the internet long-term care standards chart for current resource standards starting July 1, 2009, and every odd year thereafter at http://www.dshs.wa.gov/manuals/eaz/sections/LongTermCare/LTCstandardspna.shtml;
Updating the federal maximum community spouse resource standard to $109,500, effective January 1, 2009. This standard increases annually on January 1 based on the consumer price index. DSHS will continue to point to the internet long-term care standards chart for current resource standards starting January 1, 2009, and each year thereafter at http://www.dshs.wa.gov/manuals/eaz/sections/LongTermCare/LTCstandardspna.shtml;
Proposing changes due to the long-term care partnership program; and
Updating definitions of certain terms used in chapters 388-513 and 388-515 WAC. Within these chapters, institutional, waiver, and hospice services are referred to collectively as long-term care services.
Other policy changes on these subjects may be incorporated into this rule making. Other WAC chapters may need to be updated as a result of this rule making.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

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.go[gov].

November 12, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office