WSR 12-16-023



(Aging and Disability Services Administration)

[ Filed July 25, 2012, 7:55 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-24-093.

     Title of Rule and Other Identifying Information: Chapter 388-513 WAC, Client not in own home, institutional medical and chapter 388-515 WAC, Alternative living, institutional medical.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on September 25, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than September 26, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on September 25, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 4, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

Combine categorically needy (CN) and medically needy (MN) home and community-based waiver eligibility based on approval by Centers for Medicare and Medicaid Services.
Update excess home equity standard and add formula for increase based on federal standards for January 2011, and ongoing.
Update federal utility standard used in spousal deeming.
Clarifying reasonable limits for qualifying medical deductions.
Update links and references based on program changes made by economic services administration (ESA) and health care authority (HCA).
Update links and references based on HB 1738 and HCA medicaid WACs recodified under TITLE 182 WAC.
Correction of language allowing the federal poverty level (FPL) as a personal needs allowance (PNA) for a married individual receiving a home and community-based waiver, living at home but apart from the community spouse.
Add language to the hardship waiver WAC to include transfers between registered domestic partners or legally married same sex couples up to the resource amount a married [couple] is allowed for transfer of resources.
Updating references and adding clarifying language.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

     Rule is necessary because of federal law, C.F.R. Title 42: 435.725; 435.217; 435.733. Section 6014 of the Deficit Reduction Act of 2005.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2271.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.

     A cost-benefit analysis is not required under RCW 34.05.328. [Rules] are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

July 19, 2012

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-17 issue of the Register.

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