WSR 19-02-047
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed December 27, 2018, 6:31 a.m., effective January 27, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency revised this rule to correct a WAC citation in WAC 182-516-0145 (1)(a)(ii). The correct citation is WAC 182-516-0125.
Citation of Rules Affected by this Order: Amending WAC 182-516-0145.
Adopted under notice filed as WSR 18-21-131 on October 19, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 27, 2018.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-04-037, filed 1/30/18, effective 3/2/18)
WAC 182-516-0145Irrevocable trusts containing both assets of the beneficiary and third-party assets.
(1) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the medicaid agency or the agency's designee treats the assets of the beneficiary under the self-settled trust rule in effect as of the date of the trust's establishment:
(a) After August 11, 1993:
(i) For irrevocable self-settled trusts for a disabled client under age sixty-five, see WAC 182-516-0120;
(ii) For irrevocable pooled self-settled trusts for a disabled client, see WAC ((182-516-0130))182-516-0125; and
(iii) For all other trusts, see WAC 182-516-0130.
(b) Before August 11, 1993, see WAC 182-516-0135.
(2) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the agency or the agency's designee treats third-party assets under the third-party trust rules under WAC 182-516-0140.