WSR 11-02-032



(Aging and Disability Services Administration)

[ Filed December 29, 2010, 1:42 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 -- Institution 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; Section 6014 of the Deficit Reduction Act of 2005 (DRA); section 209(1), chapter 37, Laws of 2010 (ESSB 6444).

     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 language regarding long-term care partnerships approved by the Washington state insurance commissioner based on projected 2011 implementation based on DRA;

     •     Increase to the excess home equity limit from $500,000 to $506,000 effective January 1, 2011, due to federal standard change.

     •     Update links and references based on program changes made by economic services administration and medicaid purchasing administration as ordered by the governor to achieve the 6.3% expenditure reduction.

     •     Correction of language allowing the federal poverty level as a personal needs allowance for a married individual receiving a home and community based waiver, living at home but apart from the community spouse;

     •     Updating references and changing language for readability and 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

December 29, 2010

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office