HEALTH CARE AUTHORITY

[Filed September 26, 2018, 12:15 p.m., effective January 1, 2019]

Effective Date of Rule: January 1, 2019.

Purpose: HB [SHB] 2651 amends RCW 74.09.340 to increase the personal needs allowance for people in residential and institutional care settings. The agency is amending WAC 182-513-1105 to reflect the changes in HB [SHB] 2651.

Citation of Rules Affected by this Order: Amending WAC 182-513-1105.

Statutory Authority for Adoption: RCW 41.05.021, 41.05.160, HB [SHB] 2651, 65th legislature, 2018 regular session; ESSB 6032, sections 204 (2)(p) and 207(13), 2018 supplemental operating budget.

Adopted under notice filed as WSR 18-17-046 on August 8, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 26, 2018.

AMENDATORY SECTION(Amending WSR 17-23-039, filed 11/8/17, effective 1/1/18)

WAC 182-513-1105Personal needs allowance (PNA) and room and board standards in a medical institution and alternate living facility (ALF).

(1) This section describes the personal needs allowance (PNA), which is an amount set aside from a client's income that is intended for personal needs, and the room and board standard.

(2) The PNA in a state veteran's nursing facility:

(a) Is $70 for a veteran without a spouse or dependent children receiving a needs-based veteran's pension in excess of $90;

(b) Is $70 for a veteran's surviving spouse with no dependent children receiving a needs-based veteran's pension in excess of $90; or

(3) The PNA in a medical institution for clients receiving aged, blind, or disabled (ABD) cash assistance or temporary assistance for needy families (TANF) cash assistance is the client's personal and incidental (CPI) cash payment based on residing in a medical institution, which is $41.62.

(4) The PNA in an alternate living facility (ALF) for clients receiving ABD cash assistance or TANF cash assistance is the CPI based on residing in an ALF that is not an adult family home, which is $38.84.

(5) The PNA for clients not described in subsections (2), (3), and (4) of this section((:

(a) Is $57.28 for clients)), who reside in a medical institution((;)) or

(((b) Is $62.79 for clients who reside)) in an ALF, is $70.

(6) Effective January 1, 2018, and each year thereafter, the amount of the PNA in subsection (5) of this section may be adjusted by the percentage of the cost-of-living adjustment (COLA) for old-age, survivors, and disability social security benefits as published by the federal Social Security Administration. This adjustment is subject to state legislative funding.

(7) The room and board standard in an ALF used by home and community services (HCS) and the developmental disabilities administration (DDA) is based on the federal benefit rate (FBR) minus the current PNA as described under subsection (5)(b) of this section.

(8) The current PNA and room and board standards used in long-term services and supports are published under the institutional standards on the Washington apple health (medicaid) income and resource standards chart located at www.hca.wa.gov/free-or-low-cost-health-care/program-administration/program-standard-income-and-resources.