Purpose: The rule and especially new chapter 388-79 WAC will implement RCW 43.20B.460 and part of RCW 11.92.180, and are designed to comply with the health care financing compliance requirements for the Medicaid program. The annual updates of the community spouse allowance are provided to make the emergency filing permanent.

Statutory Authority for Adoption: RCW 11.92.180 and 43.20B.460.

Adopted under notice filed as WSR 98-03-085 on January 21, 1998 and WSR 98-05-053 on February 13, 1998.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-79-010, language common to several sections was moved to this first section where it is applicable to all.

WAC 388-79-020, in subsection (1), the subsection about itemized costs was deleted as the result of comments that such itemization is often required by the courts. In subsection (2), the word department was added for consistency.

WAC 388-79-030, language from several sections that was common to all was moved to the first section where it is applicable to all sections. The date was changed because of the continuance of the hearing. Changes are made for clarity and to agree with other sections that are changed.

WAC 388-79-040, changes are made for clarity and to agree with other sections that are changed. Date is changed. Section was rewritten after discussion with the guardianship community.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 4, amended 0, repealed 0; or Recently Enacted State Statutes: New 4, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 30, 1998

Edith M. Rice, Chief

Office of Legal Affairs

Chapter 388-79 WAC

GUARDIANSHIP FEES FOR CLIENTS OF THE

DEPARTMENT

NEW SECTION

WAC 388-79-010  Applicability and reason for the chapter. It is the intent of this WAC to carry out RCW 43.20B.460, and that part of RCW 11.92.180 which allows the department to set maximum fees and administrative costs allowed by courts in guardianships for a department of social and health services (DSHS) client residing in a nursing facility or in a residential or home setting, and who is required by DSHS to contribute a portion of their income towards the cost of residential or supportive services.

[]

NEW SECTION

WAC 388-79-020  Definitions. "Administrative costs" means necessary costs paid by the guardian including attorney fees and costs of service of process at the least expensive level.

(2) "Department client" means a person who has been approved to receive a grant or program administered by the department.

[]

NEW SECTION

WAC 388-79-030  Guardianship fees and administrative costs including attorney fees. The superior court may allow guardianship fees and administrative costs in an amount set out in an order. For orders entered after June 15, 1998, for a department client where the order establishes or continues a legal guardianship, and requires a future review or accounting; then unless otherwise modified by the process described in WAC 388-79-040:

(1) The amount of guardianship fees shall not exceed one hundred seventy-five dollars per month;

(2) The amount of administrative costs directly related to establishing a guardianship for a department client shall not exceed seven hundred dollars; and

(3) In any order on review the amount of administrative costs shall not exceed a total of six hundred dollars during any three-year period.

[]

NEW SECTION

WAC 388-79-040  Procedure to revise award letter. After June 15, 1998 where a department client is subject to a guardianship then the department shall be entitled to notice of proceedings as described in RCW 11.92.150.

(1) The notice shall be given to the appropriate regional administrator of the program serving the department client. A list of the regional administrators will be available upon request.

(2) If the fees and costs requested and established by the order are equal to or lower than the maximum amount set by this rule then the award letter or document setting the department's client's participation shall be adjusted to reflect that amount upon receipt by the department of the court order setting a monthly amount.

(3) Should fees and costs above those requested in WAC 388-79-030 be requested:

(a) The appropriate Regional Administrator will be given notice of the hearing as described in RCW 11.92.150, and provided with copies of all supporting documents filed with the court.

(b) Should the court determine after consideration of the facts, law and evidence of the case, that fees and costs higher than normally allowed in WAC 388-79-030 are just and reasonable and should be allowed then the award letter or document setting the department client's participation shall be adjusted to reflect that amount upon receipt by the department of the court order setting a monthly amount.

[]