WSR 20-03-075
EXPEDITED RULES
HEALTH CARE AUTHORITY
[Filed January 10, 2020, 2:24 p.m.]
Title of Rule and Other Identifying Information: WAC 182-512-0250 SSI-related medical—Ownership and availability of resources.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To correct a typographical error and remove abbreviations of Washington apple health.
Reasons Supporting Proposal: The agency is revising this rule to correct a typographical error in a WAC reference. WAC 182-512-0250(2) refers to WAC 182-506-0010. It should refer to WAC 182-506-0015. The agency is also removing the abbreviation WAH. The agency does not abbreviate Washington apple health.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Health care authority (HCA), governmental.
Name of Agency Personnel Responsible for Drafting: Jason Crabbe, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9563; Implementation and Enforcement: Stephen Kozak, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-1343.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This rule making is for correction purposes only as allowed by RCW
34.05.353 (1)(c).
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Wendy Barcus, HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1306, fax 360-586-9727, email arc@hca.wa.gov, AND RECEIVED BY March 24, 2020.
January 10, 2020
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-07-064, filed 3/16/15, effective 4/16/15)
WAC 182-512-0250SSI-related medical—Ownership and availability of resources.
(1) The agency considers personal 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 or her support.
(2) The agency counts the resources of financially responsible persons (as defined in WAC ((182-506-0010))182-506-0015) who live in the home even if those persons do not receive ((WAH))Washington apple health coverage.
(3) For long-term care (LTC) services, cash and other resources transferred by a ((WAH))Washington apple health applicant or recipient or his or her spouse to another to pay for the ((WAH))Washington apple health 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.
(5) A resource 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.
(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.
(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.
(8) The value of a resource is its fair market value minus encumbrances.
(9) Refer to WAC 182-512-0260 to consider additional resources when an alien has a sponsor.