WSR 11-11-084



(Medicaid Purchasing Administration)

[ Filed May 18, 2011, 8:40 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-23-122.

     Title of Rule and Other Identifying Information: WAC 388-475-0820 SSI-related medical -- Child-related income exclusions, 388-475-0840 SSI-related medical -- Work- and agency-related income exclusions, 388-475-0900 SSI-related medical -- Allocating income, 388-475-0920 SSI-related medical -- Deeming/allocation of income from nonapplying spouse (new), 388-475-0940 SSI-related medical -- Deeming income from an ineligible parent(s) to a child applying for SSI-related medical (new), 388-475-0960 SSI-related medical -- Allocating income -- How the department considers income and resources when determining eligibility for an individual applying for noninstitutional medicaid when another household member is receiving institutional medicaid (new), and 388-506-0620 SSI-related medical clients (repeal).

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on July 5, 2011, at 10:00 a.m.

     Date of Intended Adoption: Not sooner than July 6, 2011.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on July 5, 2011.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 21, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

DSHS is updating WAC to change the deeming and allocation rules for SSI-related medical programs so they mirror the federal rules. The department is creating new WAC to further clarify deeming rules relating to deeming from ineligible parents to applicant children; deeming between an applicant spouse and a nonapplying spouse; and deeming between spouses when one spouse is institutionalized.
DSHS is adding new language in WAC 388-475-0840 to support the student earned income exclusion and adding language in WAC 388-475-0820 to define a student for SSI-related medical.
DSHS is repealing WAC 388-506-0620 and incorporating the language to a new rule in chapter 388-475 WAC series.

     Reasons Supporting Proposal: See Purpose statement above.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500.

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Catherine Fisher, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1357.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. Client eligibility rules for medical assistance are exempt from the cost-benefit analysis requirement per RCW 34.05.328 (5)(b)(vii).

May 13, 2011

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-12 issue of the Register.

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