WSR 07-12-067



(Aging and Disability Services Administration)

[ Filed June 4, 2007, 1:28 p.m. ]

     Subject of Possible Rule Making: WAC 388-515-1505 Financial eligibility requirements for long-term care services under COPES, New Freedom, PACE, MMIP, and WMIP.

     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, and 74.09.575.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is amending WAC 388-515-1505 as follows:

Increasing the personal needs allowance (PNA) 3.3% for clients residing in alternate living facilities. This change is due to the Washington state 2007-09 operating budget (SHB 1128).
Making changes to the language, clarifying rules, and updating WAC references.
Clarifying the community spouse allowance computation.
Clarifying excess nonexcluded resources above the standard are reduced in an amount equal to necessary medical care and not incurred by a transfer penalty.
Clarifying the allowances for a GA-X client receiving earned income in an alternate living facility (ALF) on the HCS waiver.
Clarifying and adding hospice service eligibility for clients not in a medical institution with gross income at or below the special income level (SIL – 300% of the federal benefit rate) and not eligible for another CN or MN medicaid program.
Clarifying that clients deemed "SSI eligible" do not participate in the cost of personal care, but may pay up to the room and board amount of the federal benefit rate (FBR) minus $60.78 if residing in an alternate living facility (ALF).

     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, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2271, fax (360) 407-7582, e-mail

June 4, 2007

Stephanie E. Schiller

Rules Coordinator

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