WSR 98-05-052

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Medical Assistance Administration)

[Filed February 13, 1998, 3:57 p.m.]

Subject of Possible Rule Making: Amend WAC 388-513-1340, 388-513-1345, and possibly related sections, to clarify deductions allowed when determining eligibility and post-eligibility for institutional Medicaid clients.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, 74.04.050, 74.04.057, 42 CFR 435.601, and sections 4715 and 4735 of the Federal Balanced Budget Act of 1997 (Public Law 105-33 (H.R. 2015)).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules must be amended to implement federal provisions: Funds received under a class settlement in the case of Susan B. Walker v Bayer Corporation et al., 96-C-5024 (N.D.Ill. May 8, 1997) will not be counted as income when determining institutional Medicaid eligibility and post-eligibility. Certain veteran's benefits (currently exempt) will be considered as income when determining Medicaid post-eligibility.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Department of Social and Health Services is working with the Washington State Department of Veteran Affairs to develop these rules.

Process for Developing New Rule: The Department of Social and Health Services invites anyone interested in participating in the development of these rules to contact the staff person indicated below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen Richards, Program Assistance and Support Services, Medical Assistance Administration, Olympia, Washington 98504-5530, phone (360) 586-1008, FAX (360) 753-7315, TTY (800) 848-5429, e-mail richaa@dshs.wa.gov.

February 10, 1998

Edith M. Rice, Chief