WSR 09-06-079



(Aging and Disability Services Administration)

[ Filed March 3, 2009, 11:13 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-01-142.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-513-1340 Determining excluded income for long-term care (LTC) services.

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on April 7, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than April 8, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on April 7, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 24, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DSHS is amending WAC 388-513-1340 as follows:

     • Adding interest or dividend income as an exclusion, except for the community spouse of an institutionalized client.

     • Adding current child support payments received from an absent parent for a minor child who is not institutionalized.

     • Removing exclusions based on federal rules.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, Social Security Act Sec. 1611, 1902, C.F.R. 435.725.

     Rule is necessary because of federal law, Social Security Act Sec. 1611, 1902, C.F.R. 435.725.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2271.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and determined that no new costs will be imposed on small businesses or nonprofit organizations.

     A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt, per RCW 34.05.328 (5)(b)(vii), relating only to client medical or financial eligibility.

February 25, 2009

Stephanie E. Schiller

Rules Coordinator

AMENDATORY SECTION(Amending WSR 00-01-087, filed 12/14/99, effective 1/14/00)

WAC 388-513-1340   Determining excluded income for long-term care (LTC) services.   This section describes income the department excludes when determining a client's eligibility and participation in the cost of care for LTC services with the exception((s)) described in subsection((s (30) and (33))) (31).

     (1) Crime victim's compensation;

     (2) Earned income tax credit (EITC);

     (3) Native American benefits excluded by federal statute (refer to WAC 388-450-0040);

     (4) Tax rebates or special payments excluded by other statutes;

     (5) Any public agency's refund of taxes paid on real property and/or on food;

     (6) Supplemental security income (SSI) and certain state public assistance based on financial need;

     (7) The amount a representative payee charges to provide services when the services are a requirement for the client to receive the income;

     (8) The amount of expenses necessary for a client to receive compensation, e.g., legal fees necessary to obtain settlement funds;

     (9) Any portion of a grant, scholarship, or fellowship used to pay tuition, fees, and/or other necessary educational expenses at any educational institution;

     (10) Child support payments received from an absent parent for a ((minor)) child ((who is not institutionalized)) living in the home are considered the income of the child;

     (11) ((The amount of expenses related to impairments of a permanently and totally disabled client that allow the client to work;

     (12) The amount of expenses related to blindness that allow the client to work;

     (13))) Self-employment income allowed as a deduction by the Internal Revenue Service (IRS);

     (((14))) (12) Payments to prevent fuel cut-offs and to promote energy efficiency that are excluded by federal statute;

     (((15))) (13) Assistance (other than wages or salary) received under the Older Americans Act;

     (((16))) (14) Assistance (other than wages or salary) received under the foster grandparent program;

     (((17))) (15) Certain cash payments a client receives from a governmental or nongovernmental medical or social service agency to pay for medical or social services;

     (((18))) (16) Interest earned on excluded burial funds and any appreciation in the value of an excluded burial arrangement that are left to accumulate and become part of the separately identified burial funds set aside;

     (((19))) (17) Tax exempt payments received by Alaska natives under the Alaska Native Settlement Act established by P.L. 100-241;

     (((20))) (18) Compensation provided to volunteers in ACTION programs under the Domestic Volunteer Service Act of 1973 established by P.L. 93-113;

     (((21))) (19) Payments made from the Agent Orange Settlement Fund or any other funds to settle Agent Orange liability claims established by P.L. 101-201;

     (((22))) (20) Payments made under section six of the Radiation Exposure Compensation Act established by P.L. 101-426;

     (((23))) (21) Restitution payment, and interest earned on such payment to a civilian of Japanese or Aleut ancestry established by P.L. 100-383;

     (((24))) (22) Payments made under sections 500 through 506 of the Austrian General Social Insurance Act;

     (((25))) (23) Payments made from Susan Walker v. Bayer Corporation, et, al., 95-C-5024 (N.D. Ill.) (May 8, 1997) settlement funds;

     (((26))) (24) Payments made from the Ricky Ray Hemophilia Relief Fund Act of 1998 established by P.L. 105-369;

     (((27))) (25) Payments made under the Disaster Relief and Emergency Assistance Act established by P.L. 100-387;

     (((28))) (26) Payments made under the Netherlands' Act on Benefits for Victims of Persecution (WUV);

     (((29))) (27) Payments made to certain survivors of the Holocaust under the Federal Republic of Germany's Law for Compensation of National Socialist Persecution or German Restitution Act;

     (((30) Interest earned from payments described in subsections (24) through (29) is considered available and counted as nonexcluded income)) (28) Interest or dividends received by the client is excluded as income. Interest or dividends received by the community spouse of an institutional individual is counted as income of the community spouse. Dividends and interest are returns on capital investments such as stocks, bond, or savings accounts. Institutional status is defined in WAC 388-513-1320;

     (((31))) (29) Income received by an ineligible or nonapplying spouse from a governmental agency for services provided to an eligible client, e.g., chore services;

     (((32))) (30) Department of Veterans Affairs benefits designated for:

     (a) The veteran's dependent;

     (b) Unusual medical expenses, aid and attendance allowance, and housebound allowance, with the exception described in subsection (((33))) (31);

     (((33))) (31) Benefits described in subsection (((32)(b))) (30)(b) for a client who resides in a state veterans' home and has no dependents are excluded when determining eligibility, but are considered available when determining participation in the cost of care.

[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, § 388-513-1340, 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), § 388-513-1340, filed 12/28/94, effective 1/28/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-513-1340, filed 5/3/94, effective 6/3/94. Formerly WAC 388-95-340 (part).]

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