BILL REQ. #:  S-2626.2 

Read first time 04/08/11.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to restoring funding to in-home care services; adding a new section to chapter 74.09 RCW; creating a new section; repealing RCW 82.08.0273; and providing for submission of this act to a vote of the people.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   In the governor's proposed 2011-13 budget, in-home medicaid hours are being reduced for forty-five thousand individuals by an average hour reduction of ten percent. These services, like many other essential governmental functions, are funded in great part by the state sales tax. The sales tax is paid by all Washington residents and is duly imposed on the residents of most other state and foreign jurisdictions. However, a few jurisdictions are provided a unique exemption from the retail sales tax. Recognizing the great hardship on Washington residents from the reduction in these services, it is the intent of the voters to restore partial funding for these reduced hours by repealing the nonresident sales tax exemption and directing the receipts from the general fund to the medicaid program.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.09 RCW to read as follows:
     Decisions as to the hours of in-home care to be provided must be based solely upon an objective assessment of medical need, as follows: The department must provide eligible individuals with the hours of in-home care designated as the "base hours" for their in-home group, as set forth in WAC 388-106-0125, as it existed on December 1, 2010, unless the individual is eligible for a modification in hours pursuant to the objective standards set forth in WAC 388-106-0130 (2) through (6), as those subsections existed on December 1, 2010. The department may consider no other factors.

NEW SECTION.  Sec. 3   RCW 82.08.0273 (Exemptions -- Sales to nonresidents of tangible personal property, digital goods, and digital codes for use outside the state -- Proof of nonresident status--Penalties) and 2011 c 7 s 1, 2010 c 106 s 215, 2009 c 535 s 512, 2007 c 135 s 2, 2003 c 53 s 399, 1993 c 444 s 1, 1988 c 96 s 1, 1982 1st ex.s. c 5 s 1, & 1980 c 37 s 39 are each repealed.

NEW SECTION.  Sec. 4   (1) The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.
     (2) Pursuant to RCW 29A.72.050, the statement of subject and concise description for the ballot title shall be as follows: "The legislature has passed Senate Bill No. . . . (this act). This bill would partially restore funding for in-home long-term care services for eligible elderly and disabled persons by repealing the sales tax exemption for nonresidents."