WAC 388-438-0125 State-funded long-term care services program.

1. The state-funded long-term care services program is subject to caseload limits determined by legislative funding.  Services cannot be authorized for eligible persons prior to a determination by the aging and disability services administration (ADSA) that caseload limits will not be exceeded as a result of the authorization.
2. Long-term care services are defined in this section as services provided in one of the following settings:

a.  In a person's own home, as described in WAC 388-106-0010;

b.  Nursing facility, as defined in WAC 388-97-0001;

c.  Adult family home, as defined in RCW 70.128.010;

d.  Assisted living facility, as described in WAC 388-513-1301;

e.  Enhanced adult residential care facility, as described in WAC 388-513-1301;

f.  Adult residential care facility, as described in WAC 388-513-1301.

3.  Long-term care services will be provided in one of the facilities listed in subsection (2) (b) through (2)(f) of this section unless nursing facility care is required to sustain life. 

4.  To be eligible for the state-funded long-term care services program described in this section, an adult nineteen years of age or older must meet all of the following conditions:

a.  Meet the general eligibility requirements for medial programs described in WAC 388-503-0505 (2) and (3)(a), (3)(b), (3)(e), and (3)(f);

b.  Reside in one of the settings described in subsection (2) of this section;

c.  Attain institutional status as described in WAC 388-513-1320;

d.  Meet the functional eligibility described in WAC 388-106-0355  for nursing facility level of care;

e.  Not have a penalty period due to a transfer of assets as described in WAC 388-513-1363, 388-513-1364, 388-513-1365  and 388-513-1366;

f.  Not have equity interest in a primary residence more than the amount described in WAC 388-513-1350 (7) (a) (ii); and

g.  Any annuities owned by the adult or spouse must meet the requirements described in chapter 388-561 WAC.

5.  An adult who is related to the supplemental security income (SSI) program as described in WAC 388-475-0050 (1), (2), and (3) must meet the financial requirements described in WAC 388-513-1325, 388-513-1330, and 388-513-1350.

6.  An adult who does not meet the SSI-related criteria in subsection (2) of this section may be eligible under the family institutional medical program rules described in WAC 388-505-0250 or 388-505-0255.

7.  An adult who is not eligible for the state-funded long-term care services program under categorically needy (CN) rules may qualify under medically needy (MN) rules described in:

a. WAC 388-513-1395  for adults related to SSI; or

b. WAC 388-505-0255  for adults related to family institutional medical.

8.  All adults qualifying for the state-funded long-term care program will receive CN scope of medical coverage described in WAC 388-501-0060.

9.  The department determines how much an individual is required to pay toward the cost of care using the following rules:

a.  For an SSI-related individual residing in a nursing home, see rules described in WAC 388-513-1380. 

b.  For an SSI-related individual residing in one of the other settings described in subsection (2) of this section, see rules described in WAC 388-515-1505.

c.  For an individual eligible under the family institutional program, see WAC 388-505-0265. 

10.  A person is not eligible for state-funded long-term care services if that person entered the state specifically to obtain medical care.

11.  A person eligible for the state-funded long-term care services program is certified for a twelve month period.