PERMANENT RULES
SOCIAL AND HEALTH SERVICES
Effective Date of Rule: Thirty-one days after filing.
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.
Other Authority: RCW 74.04.057, 74.08.090, and 74.09.510.
Adopted under notice filed as WSR 11-16-101 on August 3, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: September 15, 2011.
Katherine I. Vasquez
Rules Coordinator
4260.6(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.]