12-16-023_holdover

WSR 12-16-023

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 25, 2012, 7:55 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-24-093.

     Title of Rule and Other Identifying Information: Chapter 388-513 WAC, Client not in own home, institutional medical and chapter 388-515 WAC, Alternative living, institutional medical.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on September 25, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than September 26, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail [e-mail], fax [phone], by 5 p.m. on September 25, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 4, 2012, TTY [phone] or [phone] or by e-mail at [e-mail].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

?	Combine categorically needy (CN) and medically needy (MN) home and community-based waiver eligibility based on approval by Centers for Medicare and Medicaid Services.
?	Update excess home equity standard and add formula for increase based on federal standards for January 2011, and ongoing.
?	Update federal utility standard used in spousal deeming.
?	Clarifying reasonable limits for qualifying medical deductions.
?	Update links and references based on program changes made by economic services administration (ESA) and health care authority (HCA).
?	Update links and references based on HB 1738 and HCA medicaid WACs recodified under TITLE 182 WAC.
?	Correction of language allowing the federal poverty level (FPL) as a personal needs allowance (PNA) for a married individual receiving a home and community-based waiver, living at home but apart from the community spouse.
?	Add language to the hardship waiver WAC to include transfers between registered domestic partners or legally married same sex couples up to the resource amount a married [couple] is allowed for transfer of resources.
?	Updating references and adding clarifying language.

     Reasons Supporting Proposal: See above.

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

     Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

     Rule is necessary because of federal law, C.F.R. Title 42: 435.725; 435.217; 435.733. Section 6014 of the Deficit Reduction Act of 2005.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lori Rolley, P.O. Box 45600, Olympia, WA 98504-5600, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.

     A cost-benefit analysis is not required under RCW 34.05.328. [Rules] are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

July 19, 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 12-17 issue of the Register.