(1) The department shall consider income and resources for an institutionalized:
(a) Child as described under WAC
388-513-1315(6); or
(b) Spouse as described under WAC
388-513-1330 and
388-513-1350.
(2) The department shall consider the income and resources of spouses as available to each other through the month in which the spouses stopped living together. See WAC
388-513-1330 and
388-513-1350 when a spouse is institutionalized.
(3) The department shall follow WAC
388-515-1505,
388-515-1510, or
388-515-1530 when one or both spouses are receiving community options program entry system (COPES), community alternatives program (CAP), outward bound residential alternatives (OBRA), or coordinated community aids service alternatives (CASA) waivered service program.
(4) The department shall allow a community spouse applying for medically needy a spousal deduction equal to the one-person medically needy income level (MNIL) less the spouse's income when:
(a) The community spouse is living in the same household as the spouse; and
(b) The spouse is receiving home-based and community-based services.
(5) The department shall consider income and resources separately as of the first day of the month following the month of separation when spouses stop living together because of placement into a congregate care facility (CCF), adult family home (AFH), adult residential rehabilitation center/adult residential treatment facility (ARRC/ARTF), or division of developmental disability-group home (DDD-GH) facility when:
(a) Only one spouse enters the facility;
(b) Both spouses enter the same facility but have separate rooms; or
(c) Both spouses enter separate facilities.
(6) The department shall consider income and resources jointly when spouses are placed in a CCF, AFH, ARRC/ARTF, or DDD-GH facility and share a room.
(7) See Wac 388-408-0055 for rules on medical assistance units that include SSI-related persons.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-18-079, § 388-506-0620, filed 9/1/98, effective 9/1/98. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-506-0620, filed 5/3/94, effective 6/3/94. Formerly WAC 388-92-025.]