WSR 14-21-024
PREPROPOSAL STATEMENT OF INQUIRY
HEALTH CARE AUTHORITY
(Washington Apple Health)
[Filed October 3, 2014, 10:03 a.m.]
Subject of Possible Rule Making: Eligibility rules for institutional medical assistance programs, including chapters 182-513, 182-515, 182-516 WAC and WAC 182-507-0125 and possibly other related rules, along with the creation of new regulations to support the implementation of the Patient Protection and Affordable Care Act (PPACA), changes made due to HB 1738, adding language from Section 1917 of the Social Security Act and adding a new residential support waiver defined in WAC 388-106-0015(6).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160, chapter 74.39 RCW, Patient Protection and Affordable Care Act under Public Law 111-148; and Code of Federal Regulations at 42 C.F.R. § 431, 435, and 457, and at 45 C.F.R. § 155. Section 1917 and 1902 of the Social Security Act and RCW 70.97.010.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:
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Adding language from Section 1917 of the Social Security Act regarding the purchase of a life estate, promissory notes and loans.
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Adding the residential waiver service program as a home and community-based (HCB) waiver in chapter 182-515 WAC.
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Clarify language from Section 1917 of the Social Security Act regarding otherwise eligible trusts, and allowable transfers of a home to a child or sibling and annuities.
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Clarify language regarding countable assets for institutional services.
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Update links and references and changing language for readability and clarity.
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Other necessary changes on these subjects may be incorporated into this rule making.
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Other WAC chapters may need to be updated as a result of this rule making.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Health care authority (HCA), department of social and health services, economic services administration, aging and disability supports administration, developmental disability services administration, behavioral health and service integration administration.
Process for Developing New Rule: HCA welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, HCA will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Rolley, P.O. Box 45600, Olympia, WA 98504-2716, phone (360) 725-2271, fax (360) 438-8633, TTY (360) 493-2637, e-mail Lori.Rolley@dshs.wa.gov.
October 3, 2014
Kevin M. Sullivan
Rules Coordinator