PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Subject of Possible Rule Making: Amendments to WAC 388-79-030, 388-79-040, and related sections in chapter 388-79 WAC, Guardianship fees for clients of the department.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 11.92.180, 43.20B.460.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To modify existing rules on guardianship fees to establish a fixed maximum fee charged Medicaid recipients receiving long-term care services who are required to participate in the cost of their care. To preclude allowance of retroactive guardianship fees prior to the Medicaid recipient's eligibility for long-term care services. To simplify the process of establishing guardianship fees for a department client. The rule was established when the federal Health Care Financing Authority (HCFA) placed the state on the Title XIX compliance list for allowing unreasonable guardian fees paid from clients' Medicaid participation amounts. Being on the compliance list placed the state at risk of losing federal funds for the Medicaid program.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Health Care Financial Authority (HCFA); include HCFA in the review process; file a state plan amendment with HCFA to allow court ordered fees for guardianship expenses and related attorney's fees to be excluded as income for long-term care programs and reduce the amount the Medicaid recipient is required to participate in the cost of their care.
Process for Developing New Rule: Through regular meetings and review drafts. DSHS welcomes the public to take part in developing the rule(s). Anyone interested in participating should contact the staff person indicated below. After the rule is drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else 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 Mary Lou Percival, DSHS, Home and Community Services Division, P.O. Box 45600, Olympia, WA 98504-45600, phone (360) 407-0312, fax (360) 407-7582, e-mail perciml@dshs.wa.gov.
October 14, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit