07-14-087

WSR 07-14-087

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 29, 2007, 1:32 p.m. , effective July 30, 2007 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is amending WAC 388-513-1325 Determining available income for a single client for long-term care (LTC) services:

?	Correcting WAC references to the appropriate supplemental security income (SSI) related WACs.

?	Defining LTC services in the title as institutional, waiver, or hospice.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-513-1325.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530.

      Adopted under notice filed as WSR 07-11-131 on May 22, 2007.

     Changes Other than Editing from Proposed to Adopted Version: Added subsection [(2)](g) referencing WAC for sponsored immigrants and how to determine if sponsors' income counts in determining benefits.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 27, 2007.

Stephanie E. Schiller

Rules Coordinator

3877.3
AMENDATORY SECTION(Amending WSR 00-01-051, filed 12/8/99, effective 1/8/00)

WAC 388-513-1325   Determining available income for an SSI-related single client for long-term care (LTC) services (institutional, waiver or hospice).   This section describes income the department considers available when determining an SSI-related single client's eligibility for LTC services (institutional, waiver or hospice).

     (1) Refer to WAC 388-513-1330 for rules related to available income for legally married couples.

     (2) The department must apply the following rules when determining income eligibility for SSI-related LTC services:

     (a) WAC ((388-450-0005 (3) and (4), Income--Ownership and availability)) 388-475-0600 Definition of income;

     (b) WAC ((388-450-0085, Self-employment income--Allowable expenses)) 388-475-0650 Available income;

     (c) WAC ((388-450-0210 (4)(b), (e), and (h), Countable income for medical programs)) 388-475-0700 Income eligibility;

     (d) WAC ((388-506-0620, SSI-related medical clients)) 388-475-0750 Countable unearned income;

     (e) WAC ((388-511-1130, SSI-related income availability)) 388-475-0840(3) Self employment income-allowable expenses; ((and))

     (f) WAC 388-513-1315 (((15) and)) (16), Eligibility for long-term care (institutional, waiver((ed)), and hospice) services; and

     (g) WAC 388-450-0155, 388-450-0156 and 388-450-0160 for sponsored immigrants and how to determine if sponsors' income counts in determining benefits.

[Statutory Authority: RCW 11.92.180, 43.20B.460, 48.85.020, 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.[09.]575, 74.09.585; 20 C.F.R. 416.1110-1112, 1123 and 1160; 42 C.F.R. 435.403 (j)(2) and 1005; and Sections 17, 1915(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. 00-01-051, § 388-513-1325, filed 12/8/99, effective 1/8/00.]