WSR 09-22-045



(Aging and Disability Services Administration)

[ Filed October 28, 2009, 1:55 p.m. ]

     Subject of Possible Rule Making: The department is amending chapter 388-513 WAC, Client not in own home -- Institutional medical, and chapter 388-515 WAC, Alternative living -- Institutional medical.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 74.09.530.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DSHS is amending chapters 388-513 and 388-515 WAC as follows:

     •     Add a sentence in WAC 388-515-1509 allowing the federal poverty level (FPL) as a personal needs allowance (PNA) for a married individual receiving a home and community based waiver, living at home but apart from the community spouse (CS);

     •     Clarify allocation/deeming for a dependent child;

     •     Clarify language in WAC 388-513-1395, incurred medical expenses must reduce resources within allowable limits for medically needy (MN);

     •     Clarify eligibility when excess resources and third party resource exceed the cost of care;

     •     Add language regarding long-term care partnerships approved by the Washington state insurance commissioner;

     •     Updating references and changing language for readability;

     •     Rewriting WAC 388-513-1363 by creating a new section that includes language from the emergency WAC in place from May 1, 2006, through September 30, 2007, for clarity.

     Other policy changes on these subjects may be incorporated into this rule making. Other WAC chapters may need to be updated as a result of this rule making.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     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 rollelj@dshs.wa.go [].

October 28, 2009

Stephanie E. Vaughn

Rules Coordinator

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