WSR 10-09-053

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed April 16, 2010, 7:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-03-028.

Title of Rule and Other Identifying Information: WAC 388-475-0400 SSI-related medical -- Vehicles excluded as resources.

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 May 25, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than May 26, 2010.

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 5:00 p.m., May 25, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 11, 2010, 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 this rule regarding exclusion of vehicles as a resource for SSI-related medical eligibility, in order to comply with the federal rule change in 20 C.F.R. 416.1218. In 2005, federal legislation changed the rule regarding exclusions for vehicles for SSI-related clients by eliminating the $5,000 fair market value vehicle exclusion.

Reasons Supporting Proposal: Compliance with federal regulations is required to continue to receive federal funding.

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

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

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: Catherine Fisher, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1357.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Client eligibility rules for medical assistance are exempt from the cost-benefit analysis requirement per RCW 34.05.328 (5)(b)(vii).

April 13, 2010

Katherine I. Vasquez

Rules Coordinator

4189.1
AMENDATORY SECTION(Amending WSR 04-09-003, filed 4/7/04, effective 6/1/04)

WAC 388-475-0400   SSI-related medical -- Vehicles excluded as resources.   (1) For SSI-related medical programs, a vehicle is defined as anything used for transportation. In addition to cars and trucks, a vehicle can include boats, snowmobiles, and animal-drawn vehicles.

(2) One vehicle is excluded regardless of its value, if it is used to provide transportation for the disabled individual or a member of the individual's household((:

(a) For employment;

(b) For the treatment of a specific or regular medical problem;

(c) For transportation of or modified for operation by a handicapped person; or

(d) Because of climate, terrain, distance, or similar factors to perform essential daily activities)).

(3) ((If no vehicle is excluded under subsection (2), the department excludes up to five thousand dollars of the current fair market value of one vehicle as a resource. If the current fair market value of the vehicle exceeds five thousand dollars, the excess is counted toward the resource limit)) For an SSI-related institutional client with a community spouse, one vehicle is excluded regardless of its value or its use. See WAC 388-513-1350 (7)(b).

(4) A vehicle used as the client's primary residence is excluded as the home, and does not count as the one excluded vehicle under subsection (2) or (3).

(5) All other vehicles, except those excluded under WAC 388-475-0350 (11) through (14), are treated as nonliquid resources and the equity value is counted toward the resource limit.

[Statutory Authority: RCW 74.04.050, 74.08.090. 04-09-003, 388-475-0400, filed 4/7/04, effective 6/1/04.]

Washington State Code Reviser's Office