WSR 17-21-076
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 16, 2017, 2:14 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-155.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-106-0225 How do I pay for MPC?, as a result of the passage of SB 5118.
Hearing Location(s): On November 21, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than November 22, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 21, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by November 7, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-106-0225 to reflect an increase in the personal needs allowance effective January 1, 2018, and each year thereafter, as a result of the passage of SB 5118. This adjustment is subject to legislative funding.
Reasons Supporting Proposal: See purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: A new section in chapter 74.09 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jamie Tong, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-3293.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
October 12, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-11-049, filed 5/15/15, effective 7/1/15)
WAC 388-106-0225 How do I pay for ((MPC)) medicaid personal care?
You pay for medicaid personal care (MPC) as follows:
(1) If you live in your own home, you do not ((participate toward)) share in the cost of your personal care services.
(2) If you live in a residential facility ((and are:
(a) An SSI beneficiary who receives only SSI income, you only pay for board and room. You are allowed to)), you:
(a) Keep a personal needs allowance ((of sixty-two dollars and seventy-nine cents)) as described in WAC 182-513-1105;
(b) ((An SSI beneficiary who receives SSI and another source of income, you only)) Pay for ((board and)) room((. You are allowed to keep a personal needs allowance of sixty-two dollars and seventy-nine cents.)) and board as described in WAC 182-513-1105; and
(c) ((An SSI-related person under WAC 182-512-0050, you)) May be required to ((participate towards)) share in the cost of your personal care ((services in addition to your board and room if your financial eligibility is based on the facility's state contracted rate described in)) under WAC 182-513-1205. ((You are allowed to keep a personal needs allowance of sixty-two dollars and seventy-nine cents.
(d) An aged, blind, disabled (ABD) cash assistance client eligible for categorically needy medicaid coverage in an adult family home (AFH), you are allowed to keep a personal needs allowance (PNA) of thirty-eight dollars and eighty-four cents per month. The remainder of your income must be paid to the AFH as your room and board up to the ALTSA room and board standards; or
(e) An aged, blind, disabled (ABD) cash assistance client eligible for categorically needy medicaid coverage in an assisted living facility, you are authorized a personal needs grant of up to thirty-eight dollars and eighty-four cents per month;
(f) A Washington apple health MAGI-based client as determined by WAC 182-505-0250, you pay only for room and board. If your income is less than the ALTSA room and board standard, you are allowed to keep a personal needs allowance of sixty-two dollars and seventy-nine cents and the remainder of your income goes to the provider for room and board.))
(3) ((Personal needs allowance (PNA) standards and the ALTSA room and board standard can be found at http://www.hca.wa.gov/medicaid/eligibility/pages/standards.aspx.
(4))) The department pays the residential care facility from the first day of service through the:
(a) Last day of service when the medicaid resident dies in the facility; or
(b) Day of service before the day the medicaid resident is discharged.