WSR 20-06-065
PREPROPOSAL STATEMENT OF INQUIRY
HEALTH CARE AUTHORITY
[Filed March 3, 2020, 12:25 p.m.]
Subject of Possible Rule Making: WAC 182-513-1363 Evaluating an asset transfer for clients applying for or receiving long-term care (LTC) services; chapter 182-516 WAC, Trusts, annuities, life estates, and promissory notesEffect on medical programs; and other related rules as appropriate.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160, 74.09.585, 42 U.S.C. 1396p(c).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency is amending these sections to provide clarity that certain asset transfers can still cause a penalty, even if compensation is made. During the course of this review, the agency may identify additional related changes that are required in order to improve clarity or update policy.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Center for Medicare and Medicaid Services (CMS), the department of social and health services (DSHS).
Process for Developing New Rule: The agency welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, the agency will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Valerie Freudenstein (Rulemaking Questions), P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1344, fax 360-586-9727, telecommunication relay services (TRS) 711, email valerie.freudenstein@hca.wa.gov, website www.hca.wa.gov/about-hca/rulemaking; or Stephen Kozak (Program Questions), P.O. Box 45534, Olympia, WA 98504-5534, phone 360-725-1343, fax 360-586-9727, TRS 711, email Stephen.kozak@hca.wa.gov, website www.hca.wa.gov/about-hca/rulemaking.
March 3, 2020
Wendy Barcus
Rules Coordinator