WSR 11-10-069

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2011-08 -- Filed May 3, 2011, 6:49 a.m. ]

Subject of Possible Rule Making: Long-term care partnership.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 and 48.85.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 48.85.030, the long-term care partnership statue [statute], was amended during the 2011 legislative session. Under this rule making, chapter 284-85 WAC will be amended to align with the recently amended statute. This rule making will make necessary changes to allow long-term care partnership policies to be issued in Washington state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The state department of social and health services is in the process of adopting rules regarding asset transfer "disregard" exemptions for determining medicaid eligibility. The federal secretary of Department of Health and Human Services, Centers for Medicare and Medicaid Services must approve an amendment to this state's medicaid plan. The insurance commissioner is working closely with the department of social and health services staff to assure coordination of the rule-making process.

Process for Developing New Rule: Submit written comments by June 20, 2011, to Kacy Scott, P.O. Box 48258, Olympia, WA 98504-0258, (360) 725-7041, kacys@oic.wa.gov.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Scott, P.O. Box 48258, Olympia, WA 98504-0258, (360) 725-7041, kacys@oic.wa.gov.

May 3, 2011

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office