Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-15-184.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-513-1315 Eligibility for long-term care (institutional, waiver, and hospice) services.

     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://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on November 24, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than November 25, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on November 24, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 10, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DSHS is amending WAC 388-513-1315 to remove reference to the alien emergency medical program in nursing facilities, and adding WAC references regarding noncitizens and the state funded nursing facility program. The state funded nursing facility program rule will be filed as new WAC 388-438-0125, under an emergency CR-103, by the health and recovery services administration.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.

     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: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2271.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and determined that no new costs will be imposed on small businesses or nonprofit organizations.

     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.

October 14, 2009

Stephanie E. Vaughn

Rules Coordinator

     (1) To be eligible for long-term care (LTC) services described in this section, a client must:

     (a) Meet the general eligibility requirements for medical programs described in WAC 388-503-0505 (2) and (3)(a) through (f);

     (b) Attain institutional status as described in WAC 388-513-1320;

     (c) Meet functional eligibility described in chapter 388-106 WAC for waiver and nursing facility coverage;

     (d) Not ((be subject to)) have a penalty period of ineligibility as described in WAC 388-513-1363, 388-513-1364, 388-513-1365 ((and)) or 388-513-1366;

     (e) Not have equity interest greater than five hundred thousand dollars in their primary residence as described in WAC 388-513-1350; and

     (f) Must disclose to the state any interest the applicant or spouse has in an annuity and meet annuity requirements described in chapter 388-561 WAC:

     (i) This is required for all institutional or waiver services and includes those individuals receiving supplemental security income (SSI).

     (ii) A signed and completed eligibility review for long term care benefits or application for benefits form can be accepted for SSI individuals applying for long-term care services.

     (2) To be eligible for institutional, waiver, or hospice services under the CN program, a client must either:

     (a) Be related to the Supplemental Security Income (SSI) program as described in WAC 388-475-0050 (1), (2) and (3) and meet the following financial requirements, by having:

     (i) Gross nonexcluded income described in subsection (8)(a) that does not exceed the special income level (SIL) (([(three hundred percent of the federal benefit rate (FBR)])) (three hundred percent of the federal benefit rate (FBR)); and

     (ii) Countable resources described in subsection (7) that do not exceed the resource standard described in WAC 388-513-1350; or

     (b) Be approved and receiving the general assistance expedited medicaid disability (GA-X) or general assistance aged (GA-A) or general assistance disabled (GA-D) described in WAC 388-505-0110(6); or

     (c) Be eligible for CN apple health for kids described in WAC 388-505-0210; or CN family medical described in WAC 388-505-0220; or family and children's institutional medical described in WAC 388-505-0230 through 388-505-0260. Clients not meeting the citizenship requirements for federally funded medicaid described in WAC 388-424-0010 are not eligible to receive waiver services. Nursing facility services require prior approval for the state funded nursing facility program described in WAC 388-438-0125 for noncitizen children; or

     (d) Be eligible for the temporary assistance for needy families (TANF) program as described in WAC 388-400-0005. Clients not meeting disability or blind criteria described in WAC 388-475-0050 are not eligible for waiver services.

     (3) The department allows a client to reduce countable resources in excess of the standard. This is described in WAC 388-513-1350.

     (4) To be eligible for waiver services, a client must meet the program requirements described in:

     (a) WAC 388-515-1505 through 388-515-1509 for COPES, New Freedom, PACE, and WMIP services; or

     (b) WAC 388-515-1510 through 388-515-1514 for DDD waivers; or

     (c) WAC 388-515-1540 for the medically needy residential waiver (MNRW); or

     (d) WAC 388-515-1550 for the medically needy in-home waiver (MNIW).

     (5) To be eligible for hospice services under the CN program, a client must:

     (a) Meet the program requirements described in chapter 388-551 WAC; and

     (b) Be eligible for a noninstitutional categorically needy program (CN-P) if not residing in a medical institution thirty days or more; or

     (c) Reside at home and benefit by using home and community based waiver rules described in WAC 388-515-1505 through 388-515-1509 (SSI related clients with income over the MNIL and at or below the 300 percent of the FBR or clients with a community spouse); or

     (d) Receive home and community waiver (HCS) or DDD waiver services in addition to hospice services. The client's responsibility to pay toward the cost of care (participation) is applied to the waiver service provider first; or

     (e) Be eligible for institutional CN if residing in a medical institution thirty days or more.

     (6) To be eligible for institutional or hospice services under the MN program, a client must be:

     (a) Eligible for MN children's medical program described in WAC 388-505-0210, 388-505-0255, or 388-505-0260; or

     (b) Related to the SSI program as described in WAC 388-475-0050 and meet all requirements described in WAC 388-513-1395; or

     (c) Eligible for the MN SSI related program described in WAC 388-475-0150 for hospice clients residing in a home setting; or

     (d) Eligible for the MN SSI related program described in WAC 388-513-1305 for hospice clients not on a medically needy waiver and residing in an alternate living facility.

     (e) Be eligible for institutional MN if residing in a medical institution thirty days or more described in WAC 388-513-1395.

     (7) To determine resource eligibility for an SSI-related client under the CN or MN program, the department:

     (a) Considers resource eligibility and standards described in WAC 388-513-1350; and

     (b) Evaluates the transfer of assets as described in WAC 388-513-1363, 388-513-1364, 388-513-1365 ((and)) or 388-513-1366.

     (8) To determine income eligibility for an SSI-related client under the CN or MN program, the department:

     (a) Considers income available as described in WAC 388-513-1325 and 388-513-1330;

     (b) Excludes income for CN and MN programs as described in WAC 388-513-1340;

     (c) Disregards income for the MN program as described in WAC 388-513-1345; and

     (d) Follows program rules for the MN program as described in WAC 388-513-1395.

     (9) A client who meets the requirements of the CN program is approved for a period of up to twelve months.

     (10) A client who meets the requirements of the MN program is approved for a period of months described in WAC 388-513-1395(6) for:

     (a) Institutional services in a medical institution; or

     (b) Hospice services in a medical institution.

     (11) The department determines eligibility for the state funded nursing facility ((and hospice services under the alien emergency medical (AEM))) program described in WAC 388-438-0110 ((for a client age nineteen or over who meets all other requirements for such services but does not meet citizenship requirements)) and 388-438-0125. Nursing facility ((and hospice)) services under the ((AEM)) state funded nursing facility program must be preapproved by ((the department's medical consultant)) aging and disability services administration (ADSA).

     (12) The department determines eligibility for institutional services under the GA program described in WAC 388-448-0001 for a client who meets all other requirements for such services but is not eligible for programs described in subsections (9) through (11).

     (13) A client is eligible for medicaid as a resident in a psychiatric facility, if the client:

     (a) Has attained institutional status as described in WAC 388-513-1320; and

     (b) Is under the age of twenty-one at the time of application; or

     (c) Is receiving active psychiatric treatment just prior to their twenty-first birthday and the services extend beyond this date and the client has not yet reached age twenty-two; or

     (d) Is at least sixty-five years old.

     (14) The department determines a client's eligibility as it does for a single person when the client's spouse has already been determined eligible for LTC services.

     (15) If an individual under age twenty one is not eligible for medicaid under SSI related in WAC 388-475-0050 or general assistance (GA) described in WAC 388-448-0001 and 388-505-0110(6) consider eligibility under WAC 388-505-0255 or 388-505-0260.

     (16) Noncitizen individuals under age nineteen can be considered for the apple health for kids program described in WAC 388-505-0210 if they are admitted to a medical institution for less than thirty days. Once an individual resides or is likely to reside in a medical institution for thirty days or more, the department determines eligibility under WAC 388-505-0260 and must be preapproved for coverage by ADSA as described in WAC 388-438-0125.

     (17) The department determines a client's total responsibility to pay toward the cost of care for LTC services as follows:

     (a) For SSI-related clients residing in a medical institution see WAC 388-513-1380;

     (b) For clients receiving HCS CN waiver services see WAC 388-515-1509;

     (c) For clients receiving DDD CN waiver services see WAC 388-515-1514;

     (d) For clients receiving HCS MN waiver services see WAC 388-515-1540 or 388-515-1550; or

     (e) For TANF related clients residing in a medical institution see WAC 388-505-0265.

     (18) Clients not living in a medical institution who are considered to be receiving SSI benefits for the purposes of medicaid do not pay service participation toward their cost of care. Clients living in a residential setting do pay room and board as described in WAC 388-515-1505 through 388-515-1509 or WAC 388-515-1514. Groups deemed to be receiving SSI and for medicaid purposes are eligible to receive CN-P medicaid. These groups are described in WAC 388-475-0880.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.09.575, and Deficit Reduction Act of 2005, 42 C.F.R. Section 435. 09-07-036, § 388-513-1315, filed 3/10/09, effective 4/10/09. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.39.010. 07-19-129, § 388-513-1315, filed 9/19/07, effective 10/20/07. Statutory Authority: RCW 74.08.090. 06-07-077, § 388-513-1315, filed 3/13/06, effective 4/13/06. Statutory Authority: RCW 71A.12.030, 71A.10.020, chapters 71A.10 and 71A.12 RCW, 2004 c 276. 04-18-054, § 388-513-1315, filed 8/27/04, effective 9/27/04. 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, § 388-513-1315, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1315, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.04.050, 74.08.090 and 42 CFR 435.1005. 98-04-003, § 388-513-1315, filed 1/22/98, effective 2/22/98. Statutory Authority: RCW 74.08.090. 96-11-072 (Order 3980), § 388-513-1315, filed 5/10/96, effective 6/10/96. Statutory Authority: RCW 74.08.090 and 1995 c 312 § 48. 95-19-007 (Order 3895), § 388-513-1315, filed 9/6/95, effective 10/7/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1315, filed 5/3/94, effective 6/3/94.]

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