WSR 99-16-067
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
[ Filed August 2, 1999, 3:21 p.m. ]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-23-093.
Title of Rule: WAC 388-513-1300 Applicability of alternate living and institutional rules (repealed); 388-513-1301 Definitions related to long term care (LTC) services (new); 388-513-1305 Determining eligibility for noninstitutional medical assistance in an alternate living facility (ALF) (amended); 388-513-1310 Resource standard--Institutional (repealed); 388-513-1315 Determining eligibility for long term care (LTC) services--Institutional, waivered, and hospice services (amended); 388-513-1320 Determining institutional status for long term care (LTC) services (amended); 388-513-1325 Determining available income for a single client for long term care (LTC) services (new); 388-513-1330 Determining available income for legally married couples for long term care (LTC) services (amended); 388-513-1350 Defining the resource standard and determining available resources for long term care (LTC) services (amended); 388-513-1360 Determining excluded resources for long term care (LTC) services (amended); 388-513-1365 Evaluating the transfer of an asset made on or after March 1, 1997, for long term care (LTC) services (amended); 388-513-1366 Evaluating the transfer of an asset made before March 1, 1997, for long term care (LTC) services (new); 388-513-1395 Determining eligibility for institutional or hospice services and for facility care-only medically needy (MN) program (amended); 388-513-1396 Clients living in a fraternal, religious, or benevolent nursing facility (amended); 388-515-1510 Community alternatives program (CAP) and outward bound residential alternatives (OBRA) (amended); and 388-515-1530 Coordinated community AIDS services alternatives (CASA) program (amended).
Purpose: To comply with the Governor's Executive Order 97-02 by rewriting the long term care (LTC) eligibility rules in a simpler, clearer, and more effective style for the regulated audience; to streamline and consolidate rules as much as possible; and to repeal rules no longer needed to manage the LTC medical assistance programs.
Statutory Authority for Adoption: RCW 11.92.180, 43.20B.460, 48.85.020, 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.09.575, 74.09.585; 20 C.F.R. 416.1110-1112, 1123, and 1160; 42 C.F.R. 435.403 (j)(2) and 1005; and Sections 17, 1915©, and 1924 (42 U.S.C. 1396) of the Social Security Act.
Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.09.575, 74.09.585.
Summary: Some LTC rules are being repealed ( WAC 388-513-1300 and 388-513-1310), some new sections are being added ( WAC 388-513-1301, 388-513-1325, and 388-513-1366, and the remaining rules are being reorganized and retitled to make LTC eligibility easier for the regulated audience to read and understand.
Reasons Supporting Proposal: Regulated audience will better understand eligibility requirements for LTC medical assistance programs.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Stephen Kozak, Medical Assistance Administration, 617 8th Avenue S.E., Olympia, WA 98504, (360) 586-1034.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Client eligibility rules for long term care (LTC) medical assistance programs are being reorganized and rewritten in an attempt to make them simpler, clearer, and easier to understand for the regulated audience. To that end, some of the LTC Washington Administrative Code sections are being streamlined, consolidated, or repealed, while some new sections have been added.
Proposal Changes the Following Existing Rules: Although there are no substantive changes to LTC policy, this proposal does change the organization of the information resulting in the consolidation of some WAC sections, the repeal of two other sections, and the addition of three new WAC sections.
No small business economic impact statement has been prepared under RCW 19.85. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.
RCW 34.05.328 does not apply to this rule adoption. These rules do not fit the definition of a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October, 5, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by September 24, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 5, 1999.
Date of Intended Adoption: October 8, 1999.
July 27, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
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 99-18 issue of the Register.