WSR 02-06-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed March 4, 2002, 4:09 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-099.

Title of Rule: WAC 388-478-0070 Monthly income and countable resource standards for medically needy and medically indigent programs and 388-478-0080 SSI-related categorically needy income level (CNIL) and countable resource standards.

Purpose: The department proposes to adopt increased federal standards.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.057, and 74.09.500.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, MAA, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1330.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules would adopt increased federal standards.

Proposal Changes the Following Existing Rules: Increases standards.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not affect businesses.

RCW 34.05.328 applies to this rule adoption. While this rule does meet the definition of a significant legislative rule as described in RCW 34.05.328, DSHS client eligibility rules are exempt per RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on April 9, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by April 5, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m. April 9, 2002.

Date of Intended Adoption: Not sooner than April 10, 2002.

February 28, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3018.3
AMENDATORY SECTION(Amending WSR 01-12-073, filed 6/4/01, effective 7/5/01)

WAC 388-478-0070   Monthly income and countable resource standards for medically needy (MN) and medically indigent (MI) programs.   (1) Beginning January 1, ((2001)) 2002, the medically needy income level (MNIL) and MI monthly income standards are as follows:


(a) One person $((556.00))

571.00

(b) Two persons $592
(c) Three persons $667
(d) Four persons $742
(e) Five persons $858
(f) Six persons $975
(g) Seven persons $1,125
(h) Eight persons $1,242
(i) Nine persons $1,358
(j) Ten persons and more $1,483

(2) The MNIL standard for a person who meets institutional status requirements is in WAC 388-513-1305(3).

(3) Countable resource standards for the MN and MI programs are:


(a) One person $2,000
(b) Two persons $3,000
(c) For each additional family member add $50

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924 (42 U.S.C. 1396R-5). 01-12-073, 388-478-0070, filed 6/4/01, effective 7/5/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, and 74.09.575. 00-10-095, 388-478-0070, filed 5/2/00, effective 5/2/00; 99-11-054, 388-478-0070, filed 5/17/99, effective 6/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0070, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710, 388-507-0720, 388-511-1115, 388-518-1820, 388-518-1830, 388-518-1840 and 388-518-1850.]


AMENDATORY SECTION(Amending WSR 01-12-073, filed 6/4/01, effective 7/5/01)

WAC 388-478-0080   SSI-related categorically needy income level (CNIL) and countable resource standards.   (1) The SSI-related CNIL standard is the same as the SSI monthly payment standard based upon the area of the state where the person lives. Area 1 is defined as the following counties: King, Pierce, Snohomish, Thurston, and Kitsap. Area 2 is all other counties. Beginning January 1, ((2001)) 2002, the CNIL monthly income standards are as follows:


Area 1 Area 2
(a) Single person $((555.90)) 570.90 $((535.45)) 550.45
(b) A legally married couple who are both eligible
$((815.90)) 836.90 $((796.00)) 817.00
(c) Supplied shelter $((357.05)) 367.05 $((357.05)) 367.05

(2) The countable resource standards for the SSI-related CN medical program are:


(a) One person $2,000
(b) A legally married couple $3,000

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and Section 1924 (42 U.S.C. 1396R-5). 01-12-073, 388-478-0080, filed 6/4/01, effective 7/5/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, and 74.09.575. 00-10-095, 388-478-0080, filed 5/2/00, effective 5/2/00; 99-11-054, 388-478-0080, filed 5/17/99, effective 6/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0080, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1110.]

Washington State Code Reviser's Office