PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Subject of Possible Rule Making: The department is amending chapter 388-513 WAC, Client not in own home, institutional medical; chapter 388-515 WAC, Alternative living, institutional medical; and chapter 388-527 WAC, Estate recovery.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, 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, 388-515, 388-527 WAC as follows:
|•||Combine categorically needy (CN) and medically needy (MN) home and community based (HCB) waiver eligibility based on a projected approval by Centers for Medicare and Medicaid Services.|
|•||Repeal of HCB MN waivers.|
|•||Add language regarding long-term care partnerships to estate recovery WAC.|
|•||Increased excess home equity standard and add formula for increase based on federal standards for 1/2011 and ongoing.|
|•||Update federal utility standard used in spousal deeming.|
|•||Update links and references based on program changes made by economic services administration (ESA) and health care authority (HCA) as ordered by the governor necessary to implement the budget.|
|•||Update links and references based on HB 1738 and HCA medicaid WACs recodified under TITLE 182 WAC.|
|•||Correction of language allowing the federal poverty level (FPL) as a personal needs allowance (PNA) for a married individual receiving an HCB waiver, living at home but apart from the community spouse.|
|•||Add language in the hardship waiver WAC to include transfers between registered domestic partners up to the resource amount a married couple is allowed for resources.|
|•||Clarifying reasonable limits for qualifying medical deductions.|
|•||Updating references and changing language for readability and clarity.|
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, Financial Policy Analyst, Aging and Disability Services Administration, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2272, fax (360) 407-7582, e-mail Rollelj@dshs.wa.gov.
December 7, 2011