WSR 17-24-129 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed December 6, 2017, 11:47 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-10-052. Title of Rule and Other Identifying Information: The department is proposing to create two new sections, WAC 388-79A-001 Definitions, and 388-79A-005 Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client, in new chapter 388-79A WAC, Guardianship fees for medicaid clients. Hearing Location(s): On January 9, 2018, at 10:00 a.m., at Office Building 2, 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: Note earlier than January 10, 2018. 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., January 9, 2018. 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 December 26, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department, in coordination with the health care authority, is updating and establishing rules in chapter 388-79A WAC. As part of this review, the department and agency will consider fees allowed for establishing and maintaining guardianships for individuals who must participate in the cost of their health care under chapters 182-513 and 182-515 WAC and will revise rules in chapter 388-79A WAC to clarify the process in place prior to the adoption of the permanent rule that will be in chapter 182-513 WAC. Reasons Supporting Proposal: See Purpose above. Statute Being Implemented: RCW 43.20B.460. Rule is not necessitated by federal law, federal or state court decision. 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, 360-725-2271. 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. November 28, 2017 Katherine I. Vasquez Rules Coordinator
Chapter 388-79A WAC
GUARDIANSHIP FEES FOR MEDICAID CLIENTS NEW SECTION
WAC 388-79A-001 Definitions.
The following definitions apply to this chapter:
(1) "Client" means a person who is eligible for and is receiving medicaid-funded long-term care.
(2) "Guardianship fees" or "fees" means necessary fees charged by a guardian for services rendered on behalf of a client.
(3) "Participate" or "participation" means the amount a client must pay each month toward the cost of long-term care services received each month. It is the amount remaining after the post-eligibility process under:
(a) WAC 182-513-1380 for a client residing in a medical institution, as defined under WAC 182-500-0050;
(b) WAC 182-515-1509 for a client receiving home and community services (HCS) waivered services in an alternate living facility (ALF), as defined under WAC 182-513-1100, or in an at-home setting; or
(c) WAC 182-515-1514 for a client receiving developmental disability administration (DDA) waivered services in an ALF, as defined under WAC 182-513-1100, or in an at-home setting.
(4) "Related costs" or "costs" means necessary costs paid by the guardian, including attorney fees.
NEW SECTION
WAC 388-79A-005 Maximum amount of guardianship fees and related costs for a long-term care medicaid eligible client.
(1) As mandated by RCW 43.20B.460 and in accordance with RCW 11.92.180, the maximum amount of guardianship fees and related costs must not exceed the limits of this section when the person under guardianship is:
(a) A medicaid eligible client, residing in:
(i) A medical institution, as defined under WAC 182-500-0050;
(ii) An alternate living facility (ALF), as defined under WAC 182-513-1100; or
(iii) An at-home setting; and
(b) Required under chapter 182-513 WAC or chapter 182-515 WAC to participate towards the cost of long-term care.
(2) The maximum amount of guardianship fees and related costs must not exceed the limits of chapter 388-79A WAC when:
(a) The court order establishing guardianship was entered before (CR-103 effective date); and
(b) The client under guardianship was receiving medicaid-funded long-term care before (CR-103 effective date).
(3) For all other clients not described under subsection (2) of this section, the maximum amount of guardianship fees and related costs must not exceed the limits under WAC 182-513-1530.
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