WSR 12-06-017



(Aging and Disability Services Administration)

[ Filed February 28, 2012, 9:12 a.m. , effective March 1, 2012 ]

Effective Date of Rule: March 1, 2012.

Purpose: Under section 6014 of the Deficit Reduction Act of 2005 (DRA), medicaid will not pay for long-term care services for individuals whose equity interest in their home exceeds $500,000. Effective January 1, 2011, these limits are to be increased each year by the percentage increase in the consumer price index urban (CPIU). Effective January 1, 2011, the excess home equity limits is $506,000. The standard utility allowance (SUA) reference has changed effective October 1, 2011, this emergency adoption corrects the reference. Eliminating reference to general assistance and/or disability lifeline and referencing to the correct aged, blind or disabled (ABD) cash program or medical care services (MCS) program. This emergency adoption is coordinated with community services division's (CSD) emergency adoption in eliminating disability lifeline, this is to ensure that expenditures do not exceed funds appropriated under the 2011-2013 operating budget (2ESHB 1087) signed by Governor Gregoire on June 15, 2011.

Citation of Existing Rules Affected by this Order: Amending WAC 388-513-1305, 388-513-1315, 388-513-1350, 388-513-1380, 388-515-1505, 388-515-1506, 388-515-1507, 388-515-1509, 388-515-1512, and 388-515-1514.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.09.500, and 74.09.530.

Other Authority: Deficit Reduction Act (DRA) of 2005.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Federal standard change of the excess home equity provisions effective January 1, 2011, based on the CPIU. This CR-103E continues emergency rules filed under WSR 11-22-072 while the department completes the process for permanent adoption. The initial public notice (CR-101) was filed December 29, 2010, under WSR 11-02-032. The SUA changed effective October 1, 2011. The department is coordinating with the health care authority (HCA) regarding current recodifying and emergency WACs HCA and CSD has filed which affect WAC references in chapters 388-513 and 388-515 WAC regarding changes to ABD cash, and MCS. Also, the department filed a CR-101 on January 4, 2012, under WSR 12-02-082 for consolidating the medically needy in-home (MNI) and medically needy residential (MNR) waivers into the community options program entry system (COPES) waiver. This consolidation will require the department to repeal WAC pertaining to MNI and MNR.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 10, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 0.

Date Adopted: February 27, 2012.

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 12-07 issue of the Register.

Washington State Code Reviser's Office