SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 13, 2018, 3:55 p.m.]
Preproposal statement of inquiry was filed as WSR 18-21-113.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-79A-005 Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client.
Hearing Location(s): On January 22, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than January 23, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., January 22, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 8, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department intended to create two classes of clients with guardians: Class (1), those who had the most recent guardianship-related court order signed before June 1, 2018; and class (2), those with the order signed on or after June 1, 2018. Language in WAC 388-79A-005 could be read to create a third class of clients with guardians, along with the intended two: Those who had their guardianship established prior to June 1, 2018, but had the most recent guardianship-related order signed on or after June 1, 2018. Under this reading, inconsistent with the rest of chapters 388-79A and 182-513 WAC, this third class of clients would have no enumerated limits on fees or costs under chapter 388-79A WAC, and therefore no deductions would be allowed under WAC 388-79A-015, RCW 11.92.180
The department intends to clarify that there is no third class, and that these clients fall under class (2), and therefore fee and cost deductions would be allowed under WAC 182-513-1530.
Reasons Supporting Proposal: See purpose statement above.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2271.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. Rules are exempt per RCW 34.05.328
(5)(b)(vii), rules of DSHS relating only to client medical or financial eligibility concerning liability of care of dependents.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
December 13, 2018
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-10-067, filed 4/30/18, effective 6/1/18)
WAC 388-79A-005Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client.
(1) As mandated by RCW 43.20B.460
and in accordance with RCW 11.92.180
, the maximum amount of guardianship fees and related costs must not exceed the limits of this section when the person under guardianship is:
(a) A medicaid eligible client, residing in:
(i) A medical institution, as defined under WAC 182-500-0050;
(ii) An alternate living facility (ALF), as defined under WAC 182-513-1100; or
(iii) An at-home setting; and
(b) Required under chapter 182-513 WAC or chapter 182-515 WAC to participate towards the cost of long-term care.
(2) The maximum amount of guardianship fees and related costs must not exceed the limits of ((chapter 388-79A)) WAC 388-79A-010 when:
(a) The most recent court order establishing or continuing a guardianship was entered before June 1, 2018; and
(b) The client under guardianship was receiving medicaid-funded long-term care before June 1, 2018.
(3) For all other clients not described under subsection (2) of this section, the maximum amount of guardianship fees and related costs must not exceed the limits under WAC 182-513-1530.