WSR 15-04-133 PROPOSED RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed February 4, 2015, 10:51 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-049.
Title of Rule and Other Identifying Information: WAC 182-512-0250 SSI-related medical—Ownership and availability of resources.
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Kiwi Conference Room, CSP 108, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on March 10, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than March 11, 2015.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on March 10, 2015.
Assistance for Persons with Disabilities: Contact Kelly Richters by March 2, 2015, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule explains how transferred resources are considered to be resources available, and references other rules which may exclude these resources from eligibility determinations.
Reasons Supporting Proposal: More detail is needed in the rule to explain how a person's cash and other resources are considered when the agency determines eligibility for Washington apple health and long-term care services.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1842; Implementation and Enforcement: Mick Pettersen, P.O. Box 42710, Olympia, WA 98504-5534, (360) 725-0913.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The joint administrative [rules] review committee has not requested the filing of a small business economic impact statement, and these rules do not impose a disproportionate cost impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
February 4, 2015
Jason R. P. Crabbe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-07-059, filed 3/14/14, effective 4/14/14)
WAC 182-512-0250 SSI-related medical—Ownership and availability of resources.
(1) The agency considers personal ((or)) and real property to be available to a Washington apple health (WAH) applicant or recipient if the applicant or recipient:
(a) Owns the property;
(b) Has the authority to convert the property into cash;
(c) Can expect to convert the property to cash within twenty working days; and
(d) May legally use the property for ((his/her)) his or her support.
(2) The agency counts the resources of financially responsible persons (as defined in WAC 182-506-0010) who live in the home even if those persons do not receive WAH coverage.
(3) For long-term care (LTC) services, cash and other resources transferred by a WAH applicant or recipient or his or her spouse to another to pay for the WAH applicant or recipient's LTC services are considered resources available to the applicant or recipient unless otherwise excluded in this chapter, chapter 182-513 WAC, or chapter 182-516 WAC.
(4) A resource is considered available on the first day of the month following the month of receipt unless a rule about a specific type of resource provides for a different time period.
(((4))) (5) A resource((, which)) that ordinarily cannot be converted to cash within twenty working days((,)) is considered unavailable as long as a reasonable effort is being made to convert the resource to cash.
(((5))) (6) A person may provide evidence showing that a resource is unavailable. A resource is not counted if the person shows sufficient evidence that the resource is unavailable.
(((6))) (7) We do not count the resources of victims of family violence, as defined in WAC 388-452-0010, when:
(a) The resource is owned jointly with members of the former household;
(b) Availability of the resource depends on an agreement of the joint owner; or
(c) Making the resource available would place the person at risk of harm.
(((7))) (8) The value of a resource is its fair market value minus encumbrances.
(((8))) (9) Refer to WAC 182-512-0260 to consider additional resources when an alien has a sponsor.
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