WSR 16-20-085

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 4, 2016, 12:15 p.m.]

Subject of Possible Rule Making: New sections under chapter 182-513 WAC for medicaid alternative care (MAC) and tailored supports for adults (TSOA), WAC 182-527-2730 Definitions, 182-527-2734 Liens during a client's lifetime, 182-527-2742 Estate recovery—Service-related limitations, and other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160; 2ESHB 2376, section 213 (1)(e), chapter 36, Laws of 2016, 65th legislature, 2016 1st sp. sess.; section 1115 of the Social Security Act; 42 C.F.R. Sec. 431.400 through -428.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency is adopting these rules to implement newly funded programs, MAC and TSOA, that provide benefits for person-centered long-term services and supports (LTSS) to unpaid family members caring for medicaid-eligible clients. The agency is amending chapter 182-527 WAC to exclude the MAC and TSOA programs from estate recovery. During the course of this review, the agency may identify additional changes that are required in order to improve clarity or update policy.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services and the department of social and health services.

Process for Developing New Rule: The agency welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, the agency will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Katie Pounds, P.O. Box 42716, Olympia, WA 98504-2716, fax (360) 586-9727, TTY 1-800-848-5429, e-mail katherine.pounds@hca.wa.gov.

October 4, 2016

Wendy Barcus

Rules Coordinator