S-333                 _______________________________________________

                                                   SENATE BILL NO. 5011

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Newhouse, Matson, Sutherland, Bauer, Talmadge, Benitz, West and Rasmussen

Prefiled with Secretary of the Senate 12/6/88.  Read first time 1/9/89 and referred to Committee on Health Care & Corrections.

AN ACT Relating to the prevention of impoverishment of spouses of institutionalized persons; adding new sections to chapter 74.09 RCW; providing an effective date; and declaring an emergency.

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:

          (1) The department shall adopt rules consistent with 42 U.S.C. Sec. 1396r-5 in determining the allocation of income between the institutionalized spouse and the community spouse.

          (2) In the interest of supporting the community spouse the department shall allow the maximum resource allowance permissible under 42 U.S.C. Sec. 1369r-5(f).

NEW SECTION. Sec. 2.  A new section is added to chapter 74.09 RCW to read as follows:

          (1) The department shall adopt rules consistent with 42 U.S.C. Sec. 1396r-5 in determining the allocation of resources between the institutionalized spouse and the community spouse.

          (2) In the interest of supporting the community spouse the department shall establish the monthly maintenance needs allowance for the community spouse at the maximum level permissible under 42 U.S.C. Sec. 1396r-5(d).

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.