WSR 06-21-069



(Aging and Disability Services Administration)

[ Filed October 16, 2006, 2:50 p.m. ]

     Subject of Possible Rule Making: WAC 388-515-1550 Medically needy in-home waiver (MNIW).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.520, 74.09.500, 74.09.530, 2004 c 276 (6)(b) and Townsend vs. Quazim (DSHS), U.S. District Court, Western District of Washington, No. CV-00-00944 TSZ.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is:

Increasing the personal needs allowance (PNA) for the medically needy in-home waiver program to match the PNA allowed for the categorically needy waiver described in WAC 388-515-1505, per order of the United States Ninth Circuit Court of Appeals (No-01-35689). This will make services more available to the public.
Amending the rule to note the deduction for medical and remedial care expenses that were incurred as a result of imposition of assets penalty period is limited to zero.
Making changes to the language in order to make rules clearer.
     This notice replaces the preproposal statement of inquiry filed as WSR 06-12-092 on June 6, 2006.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     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, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2271, e-mail

October 16, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

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