WSR 97-23-084

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed November 19, 1997, 11:18 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-512-1275 Continuing certification, 388-529-2960 Scope of care--Qualified Medicare beneficiary (QMB), special low-income Medicare beneficiary and qualified disabled working individual (QDWI), and 388-512-1280 Application following termination.

Purpose: This amendment changes cross references, incorporates the provisions of WAC 388-512-1280 into 388-512-1275, and repeals WAC 388-512-1280. It also amends WAC 388-529-2960 by changing a reference. This amendment does not change the intent of the rule.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.

Statute Being Implemented: RCW 74.08.090, 74.04.050, 74.09.510.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, 617 8th S.E., Olympia, WA, (360) 753-7462.

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: To change cross references, incorporate the provisions of WAC 388-512-1280 into 388-512-1275, and to repeal WAC 388-512-1280. WAC 388-529-2960 is amended to change a reference. This amendment does not change the intent of the rule.

Proposal Changes the Following Existing Rules: WAC 388-512-1275 is being amended to clarify the language, change references, and incorporate the provisions of WAC 388-512-1280. WAC 388-529-2960 is amended to change a reference. WAC 388-512-1280 is being repealed. Amendments do not change current eligibility requirements.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It concerns eligibility policy and affects only clients and staff.

RCW 34.05.328 does not apply to this rule adoption. This rule is exempt from the requirements of RCW 34.05.328 (5)(b)(vii) because it relates solely to medical assistance eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by December 12, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by December 23, 1997.

Date of Intended Adoption: No sooner than December 24, 1997.

November 19, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)

WAC 388-512-1275 Continuing certification. (1) A grandfathered client who continues to meet requirements ((of WAC 388-512-1215, 388-512-1245, 388-512-1260, 388-512-1265 and 388-512-1270 may be recertified for medical assistance)) under this chapter is eligible for medical assistance.

(2) When a grandfathered client ((who)) does not ((continue to)) meet the requirements ((in subsection (1) of this section shall be terminated. See WAC 388-512-1280)) under this chapter, the department shall:

(a) Terminate the client's medical assistance; and

(b) Redetermine the client's eligibility under chapter 388-511 WAC.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-512-1275, filed 5/3/94, effective 6/3/94. Formerly WAC 388-93-075.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 388-512-1280 Application following termination.

AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)

WAC 388-529-2960 Scope of care--Qualified Medicare beneficiary (QMB), special low-income Medicare beneficiary and qualified disabled working individual (QDWI). Refer to chapter 388-517 WAC ((388-517-1700)) for scope of care concerning QMB, SLMB, and QDWI clients.