HEALTH CARE AUTHORITY
[Filed October 19, 2018, 7:34 a.m.]
Title of Rule and Other Identifying Information: WAC 182-516-0145 Irrevocable trusts containing both assets of the beneficiary and third-party assets.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Correcting WAC reference.
Reasons Supporting Proposal: The agency is revising this rule to correct a WAC citation in WAC 182-516-0145 (1)(a)(ii). The citation should read, "see WAC 182-516-0125."
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Health care authority (HCA), governmental.
Name of Agency Personnel Responsible for Drafting: Jason Crabbe, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9563; Implementation and Enforcement: Stephen Kozak, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-1343.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Wendy Barcus, Rules Coordinator, HCA, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1306, fax 360-586-9727, email email@example.com, AND RECEIVED BY December 26, 2018.
October 19, 2018
AMENDATORY SECTION(Amending WSR 18-04-037, filed 1/30/18, effective 3/2/18)
WAC 182-516-0145Irrevocable trusts containing both assets of the beneficiary and third-party assets.
(1) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the medicaid agency or the agency's designee treats the assets of the beneficiary under the self-settled trust rule in effect as of the date of the trust's establishment:
(a) After August 11, 1993:
(i) For irrevocable self-settled trusts for a disabled client under age sixty-five, see WAC 182-516-0120;
(ii) For irrevocable pooled self-settled trusts for a disabled client, see WAC ((182-516-0130))182-516-0125; and
(iii) For all other trusts, see WAC 182-516-0130.
(b) Before August 11, 1993, see WAC 182-516-0135.
(2) For irrevocable trusts that contain both assets of the beneficiary and third-party assets, the agency or the agency's designee treats third-party assets under the third-party trust rules under WAC 182-516-0140.