WSR 18-13-021
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed June 8, 2018, 10:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-08-045.
Title of Rule and Other Identifying Information: WAC 182-513-1330 Determining available income for legally married couples for long-term care (LTC) services.
Hearing Location(s): On July 25, 2018, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal Room 106A, 626 8th Avenue, Olympia, WA 98504. Metered public parking is available street side around building. A map is available at https://www.hca.wa.gov/assets/program/Driving-parking-checkin-instructions.pdf or directions can be obtained by calling 360-725-1000.
Date of Intended Adoption: Not sooner than July 26, 2018.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by July 25, 2018.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, TTY 800-848-5429 or 711, email amber.lougheed@hca.wa.gov, by July 20, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is modifying WAC 182-513-1330 to add WAC references for sponsored immigrants and how to determine if sponsors' income counts in determining benefits.
Reasons Supporting Proposal: See purpose.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160, 20 C.F.R 416.1204 Deeming of resources of the sponsor of an alien.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Vance Taylor, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1344; Implementation and Enforcement: Stephen Kozak, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1343.
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. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
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(4).
Explanation of exemptions: This rule making applies to client eligibility and does not affect small businesses.
June 8, 2018
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-03-116, filed 1/17/17, effective 2/17/17)
WAC 182-513-1330Determining available income for legally married couples for long-term care (LTC) services.
This section describes income the agency or its designee determines available when evaluating a legally married person's eligibility for long-term care (LTC) services.
(1) The agency or ((its)) the agency's designee applies the following rules when determining income eligibility for LTC services:
(a) WAC 182-512-0600 SSI-related medical—Definition of income;
(b) WAC 182-512-0650 SSI-related medical—Available income;
(c) WAC 182-512-0700 SSI-related medical—Income eligibility;
(d) WAC 182-512-0750 SSI-related medical—Countable unearned income;
(e) WAC 182-512-0840(3), self-employment income-allowance expenses;
(f) WAC 182-512-0960 SSI-related medical—Allocating income—Determining eligibility for a spouse when the other spouse receives long-term services and supports (LTSS);
(g) WAC 182-512-0785, 182-512-0790, and 182-512-0795 for sponsored immigrants and how to determine if the sponsors' income counts in determining benefits.
(2) In initial categorically needy income eligibility for LTC, the agency does not allow any deductions listed in 1612(b) of the Social Security Act, for example:
(a) Twenty dollars per month income exclusion under WAC 182-512-0800;
(b) The first $65 and the remaining one-half earned income work incentive under WAC 182-512-0840; and
(c) Impairment related work expense or blind work expense under WAC 182-512-0840.
(3) The following income is available to an institutionalized spouse, unless subsections (5) and (6) apply:
(a) Income received in the institutionalized spouse's name;
(b) Income paid to a representative on the institutionalized spouse's behalf; and
(c) One-half of the income received in the names of both spouses.
(4) The following income is unavailable to an institutionalized spouse:
(a) Separate income received in the name of the community spouse; and
(b) Income established as unavailable through a court order.
(5) For the determination of eligibility only, if available income under subsection (3)(a) through (c) of this section, minus income exclusions under WAC 182-513-1340, exceeds the special income level (SIL), defined under WAC 182-513-1100, the agency or its designee:
(a) Follows Washington state community property law when determining ownership of income;
(b) Presumes all income received after the marriage by either spouse to be community income;
(c) Considers one-half of all community income available to the institutionalized spouse.
(6) If the total of subsection (5)(c) of this section plus the institutionalized spouse's separate income is over the SIL, determine available income using subsection (3) of this section.
(7) A stream of income, not generated by a transferred resource, is available to the institutionalized spouse, even if the institutionalized spouse transfers or assigns the rights to the stream of income to one of the following:
(a) The community spouse; or
(b) A trust for the benefit of the community spouse.