Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-08-028.

     Title of Rule: WAC 388-468-0005 Residency.

     Purpose: To delete reference to medically indigent program which ended June 30, 2003; and to add language for the following:

•	An individual cannot receive comparable benefits from another state;
•	An indefinite period of time is now included as part of the definition of residency;
•	The state where a child's primary custodian lives is the state of residence for the child; and
•	The state of residence is the state where an institutionalized individual is living with the intent to remain.

     Other wording changes for clarity.

     Statutory Authority for Adoption: RCW 74.08.090.

     Statute Being Implemented: RCW 74.08.090.

     Summary: This amendment is needed to clarify parts of the rule that have consistently been confusing or misinterpreted.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This amendment is needed to clarify parts of the rule that have consistently been confusing or misinterpreted.

     Proposal Changes the Following Existing Rules: 1. Deleted reference to medically indigent program which ended June 30, 2003 per the 2003-05 state operating budget;

     2. Added language for the following:

•	An individual cannot receive comparable benefits from another state;
•	An indefinite period of time is now included as part of the definition of residency;
•	The state where a child's primary custodian lives is the state of residence for the child; and
•	The state of residence is the state where an institutionalized individual is living with the intent to remain.

     Other wording changes for clarity.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule revision does not affect small businesses.

     RCW 34.05.328 does not apply to this rule adoption. This proposed rule is related to client eligibility for medical or financial assistance, and therefore the revision is exempt from the provisions of RCW 34.05.328 per RCW 34.05.328 (5)(b)(vii).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 9, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 5, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov by 5:00 p.m., September 9, 2003.

     Date of Intended Adoption: Not sooner than September 10, 2003.

July 30, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (a) Currently lives in Washington and intends to continue living here; permanently or for an indefinite period of time; or

     (b) Entered the state looking for a job; or

     (c) Entered the state with a job commitment.

     (2) A person does not need to live in the state for a specific period of time to be considered a resident but may not receive benefits while receiving comparable benefits from another state.

     (3) A child under age eighteen is a resident of the state where the child's primary custodian lives.

     (4) With the exception of subsection (((4))) (5) of this section, a client can temporarily be out of the state for more than one month. If so, ((they)) the client must supply the department with adequate information to demonstrate the((ir)) intent to continue to reside in the state of Washington.

     (((4) Noncategorically eligible food assistance))

     (5) Basic food program assistance units that are not categorically eligible do not meet residency requirements if they stay ((households remaining)) out of the state more than one calendar month ((lose their state residence status)).

     (((5))) (6) A former resident of the state can apply for the GA-U program while living in another state if:

     (a) The person:

     (i) Plans to return to this state;

     (ii) Intends to maintain a residence in this state; and

     (iii) Lives in the United States at the time of the application.

     (b) In addition to the conditions in subsection (6)(a)(i), (ii), and (iii) being met, the absence must be:

     (i) Enforced and beyond the person's control; or

     (ii) Essential to the person's welfare and is due to physical or social needs.

     (c) See WAC 388-406-0035, 388-406-0040, and 388-406-0045 for time limits on processing applications.

     (7) Residency is not a requirement for ((the following:

     (a) The medically indigent (MI) program; or

     (b) D))detoxification services.

     (8) A person is not a resident when the person enters Washington state only for medical care. This person is not eligible for any medical program. The only exception is described in subsection (9) of this section.

     (((6))) (9) It is not necessary for a person moving from another state directly to a nursing facility in Washington state to establish residency((, prior to)) before entering the facility. The person is considered a resident if they intend to remain permanently or for an indefinite period unless placed in the nursing facility by another state.

     (((7) A person who enters Washington state temporarily just to get medical care does not meet the definition of a resident and is not eligible for those services.

     (8))) (10) For purposes of medical programs, a client's residence is the state:

     (a) ((Making)) Paying a state Supplemental Security Income (SSI) payment; or

     (b) ((Making)) Paying federal payments for foster or adoption assistance ((under Title IV-E of the Social Security Act)); or

     (c) Where the noninstitutionalized individual lives when Medicaid eligibility is based on blindness or disability; or

     (((c))) (d) ((Of residence of)) Where the parent or legal guardian, if appointed, for an institutionalized:

     (i) Minor child; or

     (ii) Client twenty-one years of age or older, who became incapable of determining residential intent before reaching age twenty-one.

     (((d))) (e) Where a client is residing if the person becomes incapable ((before)) of determining residential intent after reaching twenty-one years of age; or

     (((e))) (f) Making a placement in an out-of-state institution((.)), or

     (g) For any other institutionalized individual, the state of residence is the state where the individual is living with the intent to remain there permanently or for an indefinite period.

     (((9))) (11) In a dispute between states as to which is a person's state of residence, the state of residence is the state in which the person is physically located.

     (((10) A former resident of the state can apply for the GA-U program while living in another state if:

     (a) The person:

     (i) Plans to return to this state; and

     (ii) Intends to maintain a residence in this state; and

     (iii) Lives in the United States at the time of the application.

     (b) In addition to the conditions in subsection (10)(i), (ii), and (iii) being met, the absence must be the result of one of the following:

     (i) Is enforced and beyond the person's control; or

     (ii) Is essential to the person's welfare and is due to physical or social needs.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-468-0005, filed 7/31/98, effective 9/1/98.]

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