WSR 10-23-122

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed November 17, 2010, 10:40 a.m. ]

     Subject of Possible Rule Making: WAC 388-475-0820 SSI-related medical -- Child-related income exclusions, 388-475-0840 SSI-related medical -- Work and agency-related income exclusions, 388-475-0900 SSI-related medical -- Allocating income; the department intends to repeal WAC 388-506-0620 and create new sections within chapter 388-475 WAC to address the allocation of income.

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

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

•     DSHS is updating WACs to change the deeming and allocation rules for SSI-related medical programs so they mirror the federal rules. The department is creating new WACs to further clarify deeming rules relating to deeming from ineligible parents to applicant children; deeming between an applicant spouse and a nonapplying spouse; and deeming between spouses when one spouse is institutionalized.

•     DSHS is adding new language in WAC 388-475-0840 to support the student earned income exclusion and adding language in WAC 388-475-0820 to define a student for SSI-related medical.

•     DSHS is repealing WAC 388-506-0620 and incorporating the language to a new rule in chapter 388-475 WAC series.

     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 Kevin Sullivan, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1344, fax (360) 586-9727, TTY 1-800-848-5429.

November 17, 2010

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office