(1) A person's entrance fee in a continuing care retirement community or life care community is an available resource to the person, to the extent that:
(a) The person has the ability to use the entrance fee, or the contract provides that the entrance fee may be used, to pay for care should other resources or income of the person be insufficient to pay for care;
(b) The person is eligible for a refund of any remaining entrance fee when the person dies or when the person terminates the continuing care retirement community or life care community contract and leaves the community; and
(c) The entrance fee does not confer an ownership interest in the continuing care retirement community or life care community.
(2) Nothing in subsection (1) of this section prevents the agency or its designee from evaluating contracts with facilities not described in subsection (1) of this section.
[Statutory Authority: RCW
41.05.021,
41.05.160, P.L. 111-148, 42 C.F.R. §§ 431, 435, and 457, and 45 C.F.R. § 155. WSR 17-03-116, § 182-513-1397, filed 1/17/17, effective 2/17/17. WSR 13-01-017, recodified as § 182-513-1397, filed 12/7/12, effective 1/1/13. Statutory Authority: RCW
74.04.050,
74.04.057,
74.08.090,
74.09.530, section 6014 of the Deficit Reduction Act of 2005 (DRA), and 2010 1st sp.s. c 37 § 209(1). WSR 12-21-091, § 388-513-1397, filed 10/22/12, effective 11/22/12.]