S-4038               _______________________________________________

                                                   SENATE BILL NO. 4751

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Kreidler

Read first time 1/22/86 and referred to Committee on Human Services & Corrections.

AN ACT Relating to eligibility determinations for medical care programs; adding a new section to chapter 74.09 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 74.09 RCW to read as follows:

          The department shall apply community property law under chapter 26.16 RCW for purposes of determining eligibility for medical assistance or the limited casualty program for the medically needy for institutionalized persons and recipients of home and community-based waivers as defined in Title XIX of the federal social security act except that:

          (1) The department shall not recognize an agreement between spouses, whether in writing or orally, that provides that the income or earnings in the name of either or both spouses is the separate property of either spouse; and

          (2) The department shall not apply community property law where the income or earnings of the nonapplicant spouse exceeds the income or earnings of the applicant spouse.

NEW SECTION. Sec. 2.     There is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1987, the sum of two million seven hundred nine thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.