WSR 11-17-047

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed August 11, 2011, 2:32 p.m. , effective August 12, 2011 ]


Effective Date of Rule: August 12, 2011.

Purpose: The legislature passed ESHB 1086, which authorized the department of social and health services to place long-term care clients residing in nursing homes and paid for with state-only funds into less restrictive community care settings while continuing to meet the client's care needs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-438-0125.

Statutory Authority for Adoption: Chapter 5, Laws of 2011, ESHB 1086 and HB 1248 which extends the allowance of emergency rule filing through fiscal year 2013.

Other Authority: RCW 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: See Purpose above. This emergency rule is necessary to continue the emergency rule adopted under WSR 11-09-031 while the permanent rule-making process is completed. A public hearing is scheduled for September 6, 2011 (WSR 11-16-101). Delaying this adoption could jeopardize the state's ability to continue complying with ESHB 1086, which authorizes the department to place long-term care clients into less restrictive community care settings.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 8, 2011.

Katherine I. Vasquez

Rules Coordinator

4260.6
AMENDATORY SECTION(Amending WSR 10-19-085, filed 9/17/10, effective 10/18/10)

WAC 388-438-0125   ((Alien nursing facility)) State-funded long-term care services program (((state-funded))).   (1) The state-funded ((alien nursing facility)) long-term care services program is subject to caseload limits determined by legislative funding. Services cannot be authorized for eligible persons prior to a determination by the aging and disability services administration (ADSA) that caseload limits will not be exceeded as a result of the authorization.

(2) Long-term care services are defined in this section as services provided in one of the following settings:

(a) In a person's own home, as described in WAC 388-106-0010;

(b) Nursing facility, as defined in WAC 388-97-0001;

(c) Adult family home, as defined in RCW 70.128.010;

(d) Assisted living facility, as described in WAC 388-513-1301;

(e) Enhanced adult residential care facility, as described in WAC 388-513-1301;

(f) Adult residential care facility, as described in WAC 388-513-1301.

(3) Long-term care services will be provided in one of the facilities listed in subsection (2)(b) through (2)(f) of this section unless nursing facility care is required to sustain life.

(4) To be eligible for the state-funded ((alien nursing facility)) long-term care services program described in this section, an adult nineteen years of age or older must meet all of the following conditions:

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

(b) Reside in ((a nursing facility as defined in WAC 388-97-0001)) one of the settings described in subsection (2) of this section;

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

(d) Meet the functional eligibility described in WAC 388-106-0355 for nursing facility level of care;

(e) Not have a penalty period due to a transfer of assets as described in WAC 388-513-1363, 388-513-1364, 388-513-1365, and 388-513-1366;

(f) Not have equity interest in a primary residence ((of)) more than ((five hundred thousand dollars as)) the amount described in WAC 388-513-1350 (7)(a)(ii); and

(g) Any annuities owned by the adult or spouse must meet the requirements described in chapter 388-561 WAC.

(((3))) (5) An adult who is related to the supplemental security income (SSI) program as described in WAC 388-475-0050 (1), (2), and (3) must meet the financial requirements described in WAC 388-513-1325, 388-513-1330, and 388-513-1350.

(((4))) (6) An adult who does not meet the SSI-related criteria in subsection (2) of this section may be eligible under the family institutional medical program rules described in WAC 388-505-0250 or 388-505-0255.

(((5))) (7) An adult who is not eligible for the state-funded ((alien nursing facility)) long-term care services program under categorically needy (CN) rules may qualify under medically needy (MN) rules described in:

(a) WAC 388-513-1395 for adults related to SSI; or

(b) WAC 388-505-0255 for adults related to family institutional medical.

(((6))) (8) All adults qualifying for the state-funded ((alien nursing facility)) long-term care services program will receive CN scope of medical coverage described in WAC 388-501-0060.

(((7))) (9) The department determines how much an individual is required to pay toward the cost of care using the following rules:

(a) For an SSI-related individual residing in a nursing home, see rules described in WAC 388-513-1380.

(b) For an SSI-related individual residing in one of the other settings described in subsection (2) of this section, see rules described in WAC 388-515-1505.

(c) For an individual eligible under the family institutional program, see WAC 388-505-0265.

(((8))) (10) A person is not eligible for state-funded ((nursing facility)) long-term care services if that person entered the state specifically to obtain medical care.

(((9))) (11) A person eligible for the state-funded ((alien nursing facility)) long-term care services program is certified for a twelve month period.

[Statutory Authority: RCW 74.04.050, 74.08.090, and 2009 c 564 1109, 201, 209. 10-19-085, 388-438-0125, filed 9/17/10, effective 10/18/10.]

Washington State Code Reviser's Office