WSR 06-10-019

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed April 24, 2006, 4:19 p.m. ]

Subject of Possible Rule Making: WAC 388-513-1350 Defining the maximum amount of resources allowed and determining resource availability for long-term care (LTC) services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.09.575, and Section 1924 of the Social Security Act (42 U.S.C. 1396r-5) and 2005 Federal Deficit Reduction Act (DRA).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is making changes to the language, clarifying the rules, increasing the spousal resource maximum from $41,000 to $41,943 effective July 1, 2005, and increasing the community spousal share maximum to $99,540 effective January 1, 2006.

DSHS is clarifying that an individual retirement account (IRA) belonging to a community spouse is a countable resource when determining eligibility for long-term care (LTC) services; (Social Security Act section 1924 supersedes Social Security Income (SSI)-related rules).

Also, DSHS is amending this rule due to federal law change in the 2005 Deficit Reduction Act of 2005 (Public Law 109-171) regarding disqualification for long-term care assistance for individuals with home equity in excess of $500,000 effective May 1, 2006.

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Rolley, Health and Recovery Services Administration, P.O. Box 45534, Olympia, WA 98504-5534, phone (360) 725-1304, fax (360) 664-0910, TTY 1-800-848-5429, e-mail rollelj@dshs.wa.gov.

April 24, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office