Subject of Possible Rule Making: The department is amending chapter 388-561 WAC, Trusts, annuities, and life estates -- Effect on medical programs.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500 and 74.09.530; Deficit Reduction Act of 2005, Social Security Act.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is amending chapter 388-561 WAC as follows:

•	Adding language per section 6016(d) of the Deficit Reduction Act of 2005. This amendment provides that unless an individual purchasing a life estate in another individual's home actually resides there for a period of at least one year after the date of the purchase, the transaction shall be treated as a transfer of asset.
•	Adding language regarding promissory notes.
•	Rewriting chapter 388-561 WAC by creating new sections for clarity and readability.

     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[v].

November 23, 2009

Stephanie E. Vaughn

Rules Coordinator

© Washington State Code Reviser's Office