EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Date of Adoption: December 16, 1999.
Purpose: To adopt changes in the federal standards for the maximum amount of resources that can be allocated to a community spouse.
Citation of Existing Rules Affected by this Order: Amending WAC 388-513-1350.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500.
Other Authority: Section 1924(g) of the Social Security Act.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Federal regulations require this increase in standards to be effective January 1, 2000, in order for Washington state to continue receiving federal funds.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: January 1, 2000.
December 16, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2690.2This section describes those resources which are considered available to an institutionalized client.
(1) Resources are defined under chapter 388-470 WAC for an SSI-related client and a TANF-related client.
(2) The methodology and standards for determining and evaluating resources are under WAC 388-513-1310, 388-513-1350, and 388-513-1360. Transfers of resources are evaluated under WAC 388-513-1365. Trusts are described under WAC 388-505-0595.
(3) "Continuously institutionalized" means a person is residing in a nursing facility or receiving home-based or community-based waivered services and the person has not had an absence or break in receiving services of thirty-consecutive days.
(4) For a person whose most recent period of continuous institutionalization began on or before September 30, 1989:
(a) Available resources are one-half of the total value of nonexempt resources held in the:
(i) Names of both the institutionalized spouse and the community spouse; or
(ii) Name of the institutionalized spouse only.
(b) Unavailable resources are:
(i) The other half of the total value of nonexempt resources determined under subsection (3)(a) of this section;
(ii) Held solely in the name of the community spouse; or
(iii) Transferred between spouses as described under subsection (4)(b) of this section.
(5) For a person, whose most recent period of continuous institutionalization starts on or after October 1, 1989, available resources include all nonexempt resources in the name of either the community spouse or the institutionalized spouse except;
(a) The following resources are exempt when the institutionalized person has a community spouse:
(i) One vehicle without regard to use or value; and
(ii) Effective January 1, ((1998)) 2000, eighty-four
thousand ((seven)) one hundred ((sixty)) twenty dollars; or
(b) An amount greater than the amount in subsection (4)(a)(ii) of this section if:
(i) Established by a fair hearing under chapter 388-08 WAC when the community spouse's resource allowance is inadequate to provide a minimum monthly maintenance needs allowance; or
(ii) Transferred to the community spouse by court order.
(6) Resources of the institutional spouse must be transferred to the community spouse or to another person for the sole benefit of the community spouse:
(i) Before the first regularly scheduled eligibility review; or
(ii) As soon as possible, taking into account the time necessary to obtain a court order for the support of the community spouse.
(7) The resources of the community spouse are:
(a) Unavailable to the institutionalized spouse:
(i) The month after the institutionalized spouse is determined eligible for institutional benefits; and
(ii) While the institutionalized spouse is continuously institutionalized.
(b) Available to the institutionalized spouse when the institutionalized spouse:
(i) Acquires resources which, when added to resources held by the institutionalized spouse, exceed the one-person resource maximum, if the most recent period of institutionalization began on or after October 1, 1989; or
(ii) Is not continuously institutionalized.
[Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1350, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 74.09.575 and Section 1924 (42 USC 1396r-5). 98-11-033, § 388-513-1350, filed 5/14/98, effective 6/14/98. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090 and 74.09.575. 97-09-112, § 388-513-1350, filed 4/23/97, effective 5/24/97. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter 95-44. 96-09-033 (Order 3963), § 388-513-1350, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter 94-49, notice of increase in SSI level. 95-05-022 (Order 3832), § 388-513-1350, filed 2/8/95, effective 3/11/95. Statutory Authority: RCW 74.08.090. 94-23-129 (Order 3808), § 388-513-1350, filed 11/23/94, effective 12/24/94; 94-10-065 (Order 3732), § 388-513-1350, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-95-337 and 388-95-340.]