Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 388-513-1305 Determining eligibility for noninstitutional medical assistance in alternative living facility (ALF), 388-513-1315 Eligibility for long term care (LTC) services, 388-513-1320 Determining institutional status for LTC services, 388-513-1330 Determining available income for legally married couples for LTC services, and 388-513-1345 Determining disregarded income for institutional or hospice services under the medically needy program.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503, (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on February 21, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than February 22, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 21, 2006.

     Assistance for Persons with Disabilities: Contact Schiller, DSHS Rules Consultant, by February 17, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending these rules to correct obsolete WAC cross references without changing the effect of the rule.

     Reasons Supporting Proposal: The department is making these changes to ensure the reader is referred to the correct WAC citation.

     Statutory Authority for Adoption: RCW 74.08.090.

     Statute Being Implemented: RCW 74.08.090.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A CR-101 preproposal statement of inquiry is not required for rule changes that clarify the rule without changing its effect. See RCW 34.05.310(4).

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Beth Ingram, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1327.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule-making action does not impact small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. Client eligibility rules for medical and financial assistance programs are exempt from the cost benefit analysis requirement per RCW 34.05.328 (5)(b)(vii).

January 11, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (1) Alternate living facilities include the following:

     (a) An adult family home (AFH);

     (b) An adult residential care facility (ARC);

     (c) An adult residential rehabilitation center (ARRC);

     (d) An adult residential treatment facility (ARTF);

     (e) An assisted living facility (AL);

     (f) A division of developmental disabilities (DDD) group home (GH); and

     (g) An enhanced adult residential care facility (EARC).

     (2) The monthly income standard for noninstitutional medical assistance under the categorically needy (CN) program that cannot exceed the special income level (SIL) equals the following amounts. For a client who lives in:

     (a) An ARC, an ARRC, an ARTF, an AL, a DDD GH, or an EARC, the department-contracted rate based on a thirty-one day month plus the PNA; or

     (b) An AFH, the department-contracted rate based on a thirty-one day month plus the PNA plus the cost of any add-on hours authorized by the department.

     (3) The monthly income standard for noninstitutional medical assistance under the medically needy (MN) program equals the private facility rate based on a thirty-one-day month plus the PNA.

     (4) The monthly income standard for noninstitutional medical assistance under the general assistance (GA) program equals the GA grant standard described in WAC ((388-478-0030)) 388-478-0045.

     (5) The department determines a client's nonexcluded resources for noninstitutional medical assistance under the:

     (a) General assistance (GA) and Temporary Assistance for Needy Families (TANF) programs as described in chapter 388-470 WAC; and

     (b) SSI-related medical program as described in chapter ((388-470)) 388-475 WAC ((and WAC 388-505-0595)).

     (6) The department determines a client's nonexcluded income for noninstitutional medical assistance as described in:

     (a) Chapter 388-450 WAC ((, WAC 388-505-0595, 388-506-0620, and 388-511-1130)) for GA and TANF programs; and

     (b) Chapter 388-475 WAC and WAC 388-506-0620 for SSI-related medical programs.

     (7) The department approves CN noninstitutional medical assistance for a period of up to twelve months for a client who receives supplemental security income (SSI) or who is SSI-related as described in WAC ((388-503-0510(1))) 388-475-0050, if:

     (a) The client's nonexcluded resources described in subsection (5) do not exceed the standard described in WAC 388-513-1350(1); and

     (b) The client's nonexcluded income described in subsection (6) does not exceed the CN standard described in subsection (2).

     (8) The department approves MN noninstitutional medical assistance for a period of months described in chapter 388-416 WAC for an SSI-related client, if:

     (a) The client's nonexcluded resources described in subsection (5) do not exceed the standard described in WAC 388-513-1350(1); and

     (b) The client satisfies any spenddown liability as described in chapter 388-519 WAC.

     (9) The department approves GA and TANF noninstitutional medical assistance for a period of months described in chapter 388-416 WAC ((for a client determined eligible for the program as described in WAC 388-400-0025)).

     (10) The client described in subsections (7) and (9) keeps the PNA amount and pays remaining income to the facility for board and room.

[Statutory Authority: 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(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1305, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1305, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1305, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-83-036 and 388-99-036.]

     (1) To be eligible for long-term care (LTC) services described in this section, a client must:

     (a) Meet the general eligibility requirements for medical programs described in WAC 388-503-0505 (2) and (3)(a) through (f);

     (b) Attain institutional status as described in WAC 388-513-1320; and

     (c) Not be subject to a penalty period of ineligibility as described in WAC ((388-513-1365 and)) 388-513-1364 through 388-513-1366.

     (2) To be eligible for institutional, waiver, or hospice services under the CN program, a client must either:

     (a) Be related to the Supplemental Security Income (SSI) program as described in WAC ((388-503-0510(1))) 388-475-0050(1) or be approved for the general assistance expedited Medicaid disability (GA-X) program; and

     (b) Meet the following financial requirements, by having:

     (i) Gross nonexcluded income described in subsection (7)(a) that does not exceed the special income level (SIL); and

     (ii) Nonexcluded resources described in subsection (6) that do not exceed the resource standard described in WAC 388-513-1350(1), unless subsection (3) applies; or

     (c) Be eligible for the CN children's medical program as described in WAC 388-505-0210; or

     (d) Be eligible for the temporary assistance for needy families (TANF) program or state family assistance (SFA) program as described in WAC 388-505-0220.

     (3) The department allows a client to have nonexcluded resources in excess of the standard described in WAC 388-513-1350(1) during the month of either an application or eligibility review if, when excess resources are added to nonexcluded income, the combined total does not exceed the SIL.

     (4) To be eligible for waiver or hospice services, a client must also meet the program requirements described in:

     (a) WAC 388-515-1505 for COPES services;

     (b) WAC 388-515-1510 for DDD waiver and OBRA services; or

     (c) Chapter 388-551 WAC for hospice services.

     (5) To be eligible for institutional or hospice services under the MN program, a client must be:

     (a) Eligible for the MN children's medical program as described in WAC 388-505-0210; or

     (b) Related to the SSI program as described in WAC ((388-503-0510(1))) 388-475-0050(1) and meet all requirements described in WAC 388-513-1395.

     (6) To determine resource eligibility for an SSI-related client under the CN or MN program, the department:

     (a) Considers resources available as described in WAC 388-513-1350;

     (b) Excludes resources described in WAC 388-513-1360((, 388-513-1365, and)) and 388-513-1364 through 388-513-1366; and

     (c) Compares the nonexcluded resources to the standard described in WAC 388-513-1350(1).

     (7) To determine income eligibility for an SSI-related client under the CN or MN program, the department:

     (a) Considers income available as described in WAC 388-513-1325 and 388-513-1330;

     (b) Excludes income for CN and MN programs as described in WAC 388-513-1340;

     (c) Disregards income for the MN program as described in WAC 388-513-1345; and

     (d) Follows program rules for the MN program as described in WAC 388-513-1395.

     (8) A client who meets the requirements of the CN program is approved for a period of up to twelve months for:

     (a) Institutional services in a medical facility;

     (b) Waiver services at home or in an alternate living facility; or

     (c) Hospice services at home or in a medical facility.

     (9) A client who meets the requirements of the MN program is approved for a period of months described in WAC 388-513-1395 (5)(a)(ii) for:

     (a) Institutional services in a medical facility; or

     (b) Hospice services at home or in a medical facility.

     (10) The department determines eligibility for LTC services under the alien emergency medical (AEM) program described in WAC 388-438-0110 for a client who meets all other requirements for such services but does not meet citizenship requirements.

     (11) The department determines eligibility for institutional services under the GA program described in WAC 388-448-0001 for a client who meets all other requirements for such services but is not eligible for programs described in subsections (8) through (10).

     (12) ((The department determines eligibility for institutional services under the medically indigent program described in WAC 388-438-0100 for a client who meets all other requirements for such services but is not eligible for programs described in subsections (8) through (11).

     (13))) A client is eligible for Medicaid as a resident in a psychiatric facility, if the client:

     (a) Has attained institutional status as described in WAC 388-513-1320; and

     (b) Is less than twenty-one years old or is at least sixty-five years old.

     (((14))) (13) The department determines a client's eligibility as it does for a single person when the client's spouse has already been determined eligible for LTC services.

     (((15))) (14) The department considers the parents' income and resources available ((as described in WAC 388-405-0055 (1)(c))) for a minor who is less than eighteen years old and is receiving or is expected to receive inpatient chemical dependency and/or inpatient mental health treatment.

     (((16))) (15) The department considers the parents' income and resources available only as contributed for a client who is less than twenty-one years old and has attained institutional status as described in WAC 388-513-1320

     (((17))) (16) The department determines a client's participation in the cost of care for LTC services as described in WAC 388-513-1380.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, chapters 71A.10 and 71A.12 RCW, 2004 c 276. 04-18-054, § 388-513-1315, filed 8/27/04, effective 9/27/04. Statutory Authority: 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(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1315, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1315, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.04.050, 74.08.090 and 42 CFR 435.1005. 98-04-003, § 388-513-1315, filed 1/22/98, effective 2/22/98. Statutory Authority: RCW 74.08.090. 96-11-072 (Order 3980), § 388-513-1315, filed 5/10/96, effective 6/10/96. Statutory Authority: RCW 74.08.090 and 1995 c 312 § 48. 95-19-007 (Order 3895), § 388-513-1315, filed 9/6/95, effective 10/7/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1315, filed 5/3/94, effective 6/3/94.]

     (1) To attain institutional status, a client must:

     (a) Be approved for and receiving waiver((ed)) or hospice services; or

     (b) Reside or be likely to reside in a medical facility for a continuous period of:

     (i) Ninety days for a child seventeen years of age or younger receiving inpatient chemical dependency and/or inpatient mental health treatment; or

     (ii) Thirty days for:

     (A) An SSI-related client;

     (B) A child not described in subsection (1)(b)(i); or

     (C) A client related to medical eligibility as described in WAC 388-513-1315 (10)((,)) or (11)((, or (12))).

     (2) A client's institutional status is not affected by a:

     (a) Transfer between medical facilities; or

     (b) Change from one kind of long-term care services to another.

     (3) A client loses institutional status when the client:

     (a) Is absent from the medical facility for at least thirty consecutive days; or

     (b) Does not receive waiver((ed)) or hospice services for at least thirty consecutive days.

[Statutory Authority: 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(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1320, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1320, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090 and 42 CFR 435.403 (j)(2). 97-15-025, § 388-513-1320, filed 7/8/97, effective 8/8/97. Statutory Authority: RCW 74.08.090. 96-11-072 (Order 3980), § 388-513-1320, filed 5/10/96, effective 6/10/96; 94-10-065 (Order 3732), § 388-513-1320, filed 5/3/94, effective 6/3/94.]

     (1) The department must apply the following rules when determining income eligibility for LTC services:

     (a) WAC 388-450-0005 (3)(( and (4))), Income--Ownership and availability and WAC 388-475-0200, SSI-related medical;

     (b) WAC 388-450-0085, Self-employment income--Allowable expenses;

     (c) WAC 388-450-0210 (4)(b)((,)) and (e), ((and (h),)) Countable income for medical programs, and WAC 388-475-0750, SSI-related medical - Countable unearned income;

     (d) WAC 388-506-0620, SSI-related medical clients; and

     (e) ((WAC 388-511-1130, SSI-related income availability; and

     (f))) WAC 388-513-1315 (15) and (16), Eligibility for long-term care (institutional, waiver((ed)), and hospice) services.

     (2) For an institutionalized client married to a community spouse who is not applying or approved for LTC services, the department considers the following income available, unless subsection (4) applies:

     (a) Income received in the client's name;

     (b) Income paid to a representative on the client's behalf;

     (c) One-half of the income received in the names of both spouses; and

     (d) Income from a trust as provided by the trust.

     (3) The department considers the following income unavailable to an institutionalized client:

     (a) Separate or community income received in the name of the community spouse; and

     (b) Income established as unavailable through a fair hearing.

     (4) For the determination of eligibility only, if available income described in subsections (2)(a) through (d) minus income exclusions described in WAC 388-513-1340 exceeds the special income level (SIL), then:

     (a) The department follows community property law when determining ownership of income;

     (b) Presumes all income received after marriage by either or both spouses to be community income; and

     (c) Considers one-half of all community income available to the institutionalized client.

     (5) If both spouses are either applying or approved for LTC services, then:

     (a) The department allocates one-half of all community income described in subsection (4) to each spouse; and

     (b) Adds the separate income of each spouse respectively to determine available income for each of them.

     (6) The department considers income generated by a transferred resource to be the separate income of the person or entity to which it is transferred.

     (7) The department considers income not generated by a transferred resource available to the client, even when the client transfers or assigns the rights to the income to:

     (a) The spouse; or

     (b) A trust for the benefit of the spouse.

     (8) The department evaluates the transfer of a resource described in subsection (6) according to WAC 388-513-1365 and 388-513-1366 to determine whether a penalty period of ineligibility is required.

[Statutory Authority: 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(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1330, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. 99-06-045, § 388-513-1330, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.08.090, 74.05.040 and 20 CFR 416.1110-1112, 1123 and 1160. 97-10-022, § 388-513-1330, filed 4/28/97, effective 5/29/97. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter #94-33. 95-02-028 (Order 3819), § 388-513-1330, filed 12/28/94, effective 1/28/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1330, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-95-335 and 388-95-340.]

     (1) The department disregards the following income amounts in the following order:

     (a) Income that is not reasonably anticipated, or is received infrequently or irregularly, when such income does not exceed:

     (i) Twenty dollars per month if unearned; or

     (ii) Ten dollars per month if earned.

     (b) The first twenty dollars per month of earned or unearned income, unless the income paid to a client is:

     (i) Based on need; and

     (ii) Totally or partially funded by the federal government or a private agency.

     (2) For a client who is related to the Supplemental Security Income (SSI) program as described in WAC ((388-503-0510(1))) 388-475-0050(1), the first sixty-five dollars per month of earned income not excluded under WAC 388-513-1340, plus one-half of the remainder.

     (3) For a TANF/SFA-related client, fifty percent of gross earned income.

     (4) Department of Veterans Affairs benefits if:

     (a) Those benefits are designated for:

     (i) Unusual medical expenses;

     (ii) Aid and attendance allowance; or

     (iii) Housebound allowance; and

     (b) The client:

     (i) Resides in a state veterans' home; and

     (ii) Has no dependents.

     (5) Income the Social Security Administration (SSA) withholds from SSA Title II benefits for the recovery of an SSI overpayment.

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 42 C.F.R. 435.601, 42 C.F.R. 435.725-726, and Sections 4715 and 4735 of the Federal Balanced Budget Act of 1997 (P.L. 105-33) (H.R. 2015). 00-01-087, § 388-513-1345, filed 12/14/99, effective 1/14/00. Statutory Authority: RCW 74.08.090 and Title XIX State Agency Letter #94-33. 95-02-028 (Order 3819), § 388-513-1345, filed 12/28/94, effective 1/28/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1345, filed 5/3/94, effective 6/3/94. Formerly WAC 388-95-340 (part).]