WSR 18-10-067 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed April 30, 2018, 1:55 p.m., effective June 1, 2018] Effective Date of Rule: June 1, 2018. Purpose: The department, in coordination with the health care authority, is updating and establishing rules in chapter 388-79A WAC. As part of this review, the department and agency will consider fees allowed for establishing and maintaining guardianships for individuals who must participate in the cost of their health care under chapters 182-513 and 182-515 WAC and will revise rules in chapter 388-79A WAC to clarify the process in place prior to the adoption of the permanent rule that will be in chapter 182-513 WAC. Citation of Rules Affected by this Order: New WAC 388-79A-001 and 388-79A-005. Adopted under notice filed as WSR 17-24-129 on December 6, 2017. Changes Other than Editing from Proposed to Adopted Version: The self-referencing placeholder text intended to identify the effective date of the rule was changed from "(CR-103 effective date)" to "June 1, 2018" under WAC 388-79A-005(2). Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0. Date Adopted: April 25, 2018. Katherine I. Vasquez Rules Coordinator
Chapter 388-79A WAC
GUARDIANSHIP FEES FOR MEDICAID CLIENTS NEW SECTION
WAC 388-79A-001 Definitions.
The following definitions apply to this chapter:
(1) "Client" means a person who is eligible for and is receiving medicaid-funded long-term care.
(2) "Guardianship fees" or "fees" means necessary fees charged by a guardian for services rendered on behalf of a client.
(3) "Participate" or "participation" means the amount a client must pay each month toward the cost of long-term care services received each month. It is the amount remaining after the post-eligibility process under:
(a) WAC 182-513-1380 for a client residing in a medical institution, as defined under WAC 182-500-0050;
(b) WAC 182-515-1509 for a client receiving home and community services (HCS) waivered services in an alternate living facility (ALF), as defined under WAC 182-513-1100, or in an at-home setting; or
(c) WAC 182-515-1514 for a client receiving developmental disability administration (DDA) waivered services in an ALF, as defined under WAC 182-513-1100, or in an at-home setting.
(4) "Related costs" or "costs" means necessary costs paid by the guardian, including attorney fees.
NEW SECTION
WAC 388-79A-005 Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client.
(1) As mandated by RCW 43.20B.460 and in accordance with RCW 11.92.180, the maximum amount of guardianship fees and related costs must not exceed the limits of this section when the person under guardianship is:
(a) A medicaid eligible client, residing in:
(i) A medical institution, as defined under WAC 182-500-0050;
(ii) An alternate living facility (ALF), as defined under WAC 182-513-1100; or
(iii) An at-home setting; and
(b) Required under chapter 182-513 WAC or chapter 182-515 WAC to participate towards the cost of long-term care.
(2) The maximum amount of guardianship fees and related costs must not exceed the limits of chapter 388-79A WAC when:
(a) The court order establishing guardianship was entered before June 1, 2018; and
(b) The client under guardianship was receiving medicaid-funded long-term care before June 1, 2018.
(3) For all other clients not described under subsection (2) of this section, the maximum amount of guardianship fees and related costs must not exceed the limits under WAC 182-513-1530.
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