WAC 182-527-2730

Effective October 1, 2012

WAC 182-527-2730 Definitions

The following definitions apply to this chapter:

"Contract health service delivery area (CHSDA)" means the geographic area within which contract health services will be made available by the Indian Health Service to members of an identified Indian community who reside in the area identified in 42 C.F.R. Sec. 136.21(d) and 136.22.

"Domestic partner" means an adult who meets the requirements for a valid registered domestic partnership as established by RCW 26.60.030 and who has been issued a certificate of state registered domestic partnership by the Washington Secretary of State.  When the terms "domestic partner" or "domestic partnership" are used in this chapter, they mean "state registered domestic partner" or "state registered domestic partnership".

"Estate" means all property and any other assets  that pass upon the client's death under the client's will or by intestate succession pursuant to chapter 11.04 RCW or under chapter 11.62 RCW.  The value of the estate will be reduced by any valid liability against the decedent's property at the time of death.  An estate also includes:

  1. For a client who died after June 30, 1995 and before July 27, 1997, nonprobate assets as defined by RCW 11.02.005, except property passing through a community property agreement; or
  2. For a client who died after July 26th, 1997 and before September 14, 2006, nonprobate assets as defined by RCW 11.02.005.
  3. For a client who died on or after September 14, 2006, nonprobate assets as defined by RCW 11.02.005 and any life estate interest held by the recipient immediately before death.

"Heir" means the decedent's surviving spouse and children (natural and adopted); or those persons who are entitled to inherit the decedent's property under a will properly executed under RCW 11.12.020 and accepted by the probate court as a valid will.

"Joint tenancy" means ownership of property held under circumstances that entitle one or more owners to the whole of the property on the death of the other owner(s), including, but not limited to, joint tenancy with right of survivorship. 

"Life estate" means an ownership interest in a property only during the lifetime of the person(s) owning the life estate.  In some cases, the ownership interest lasts only until the occurrence of some specific event, such as remarriage of the life estate owner.  A life estate owner may not have the legal title or deed to the property, but may have rights of possession, use, income and/or selling their life estate interest in the property.

"Lis pendens" means a notice filed in public records warning that title to certain real property is in litigation and the outcome of the litigation may affect the title.

"Long-term care services" means, for the purposes of this chapter only, the services administered directly or through contract by the department of social and health services for clients of the home and community services division and division of developmental disabilities including, but not limited to, nursing facility care and home and community services.

"Medicaid" means the state and federally funded program that provides medical services under Title XIX of the Federal Social Security Act.

"Medical assistance" means Medicaid services funded under title XIX or state-funded medical services.

"Medicare Savings Programs" means the programs described in WAC 388-517-0300 (Editors note:  Correct WAC citation is 182-517-0300) that help a client pay some of the costs that Medicare does not cover. 

"Property" Examples include, but are not limited to, personal property, real property, title property, and trust property as described below:

  1. "Personal  property" means any property that is not classified as real, title, or trust property in the definitions provided here;
  2. "Real property" means land and anything growing on, attached to, or erected thereon'
  3. "Title property" means, for the purposes of this chapter only, property with a title such as motor homes, mobile homes, boats, motorcycles, and vehicles. 
  4. "Trust property" means any type of property interest titled in, or held by, a trustee for the benefit of another person or entity.

"State-only funded long-term care" means the long-term care services that are financed with state funds only.

"Qualified long-term care insurance partnership" means an agreement between the centers for medicare and medicaid services (CMS), the Washington state insurance commission which allows for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf on an individual who is a beneficiary under a long-term care insurance policy that has been determined by the Washington state insurance commission to meet the requirements of section 1917(b)(1)(c)(iii) of the Act. 

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.