WSR 19-04-100
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed February 5, 2019, 2:40 p.m., effective March 8, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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, and
43.20B.460.
The department is clarifying that there is no third class, and that these clients fall under class (2), and therefore fee and costs deductions would be allowed under WAC 182-513-1530.
Citation of Rules Affected by this Order: Amending WAC 388-79A-005.
Adopted under notice filed as WSR 19-01-048 on December 13, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: February 5, 2019.
Katherine I. Vasquez
Rules Coordinator
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.