WSR 10-13-077

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed June 15, 2010, 10:53 a.m. , effective July 16, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: DSHS is amending this rule regarding exclusion of vehicles as a resource for SSI-related medical eligibility, in order to comply with 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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-475-0400.

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

Adopted under notice filed as WSR 10-09-053 on April 16, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 1, 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