WSR 10-11-041



(Health and Recovery Services Administration)

[ Filed May 11, 2010, 2:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-07-060.

Title of Rule and Other Identifying Information: WAC 388-450-0040 Native American benefits and payments, 388-450-0080 Why [What] is self-employment income?, 388-455-0005 How do lump sum payments affect benefits?, 388-455-0015 When and how does the department treat lump sum payments as income for cash assistance and family medical programs?, 388-470-0045 How do my resources count toward the resource limits for cash assistance and family medical programs?, 388-475-0350 SSI-related medical -- Property and contracts excluded as resources, 388-475-0550 SSI-related medical -- All other excluded resources, and 388-475-0600 SSI-related medical -- Definition of income.

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 July 6, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than July 7, 2010.

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 July 6, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 22, 2010, 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: To implement necessary language regarding:

(1) Exemption of certain property from resources for medicaid and children's health insurance program (CHIP) eligibility for Native Americans, as required under the American Recovery and Reinvestment Act (ARRA) of 2009 (Recovery Act); and

(2) Payments or interest accrued on payments made under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) listed as excluded resources for SSI-related medical programs.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: ARRA of 2009 (Recovery Act), Public Law 111-5, Section 5006(b); 42 C.F.R. 435.601, EEOICPA of 2000, Public Law 106398, Sec. 1, app., title XXXVI (Oct. 30, 2000) (section 1 adopting as Appendix H.R. 5408), Section 3646 of the Appendix.

Rule is necessary because of federal law, ARRA of 2009 (Recovery Act), Public Law 111-5, Section 5006(b).

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

Name of Agency Personnel Responsible for Drafting: Wendy Boedigheimer, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1357; Implementation and Enforcement: Mary Beth Ingram, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1306.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vii) exempts client eligibility rules from the cost-benefit analysis requirement.

May 7, 2010

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 10-12 issue of the Register.

Washington State Code Reviser's Office