Current through Register Vol. 24-18, September 15, 2024
This section describes income the agency or its designee
excludes when determining a client's eligibility and participation in the cost
of care for long-term care (LTC) services.
(1) When determining a client's eligibility
and participation in the cost of care for LTC services, the agency excludes:
(a) Crime victim's compensation;
(b) Earned income tax credit (EITC) for
twelve months after the month of receipt;
(c) American Indian/Alaskan native benefits
excluded by federal statute (refer to WAC
182-512-0770
);
(d) Tax rebates or special
payments excluded by other statutes;
(e) Any public agency's refund of taxes paid
on real property and/or on food;
(f) Supplemental security income (SSI) and
certain state public assistance based on financial need;
(g) The amount a representative payee charges
to provide services when the services are a requirement for the client to
receive the income;
(h) The amount
of expenses necessary for a client to receive compensation, e.g., legal fees
necessary to obtain settlement funds;
(i) Education benefits under WAC
182-512-0760;
(j) Self-employment income allowed as a
deduction by the Internal Revenue Service (IRS);
(k) Payments to prevent fuel cut-offs and to
promote energy efficiency that are excluded by federal statute;
(l) Assistance (other than wages or salary)
received under the Older Americans Act;
(m) Assistance (other than wages or salary)
received under the foster grandparent program;
(n) Certain cash payments a client receives
from a governmental or nongovernmental medical or social service agency to pay
for medical or social services;
(o)
Interest earned on excluded burial funds and any appreciation in the value of
an excluded burial arrangement that are left to accumulate and become part of
the separately identified burial funds set aside;
(p) Tax exempt payments received by Alaska
natives under the Alaska Native Settlement Act established by P.L.
100-241;
(q) Compensation provided
to volunteers in ACTION programs under the Domestic Volunteer Service Act of
1973 established by P.L. 93-113;
(r) Payments made from the Agent Orange
Settlement Fund or any other funds to settle Agent Orange liability claims
established by P.L.
101-201;
(s) Payments made under section six of the
Radiation Exposure Compensation Act established by
P.L.
101-426;
(t) Payments made under the Energy Employees
Occupational Illness Compensation Program Act of 2000, (EEOICPA)
Pub. L.
106-398;
(u) Restitution payment, and interest earned
on such payment to a civilian of Japanese or Aleut ancestry established by P.L.
100-383;
(v) Payments made under
sections 500 through 506 of the Austrian General Social Insurance
Act;
(w) Payments made from
Susan Walker v. Bayer Corporation, et, al., 95-C-5024 (N.D.
Ill.) (May 8, 1997) settlement funds;
(x) Payments made from the Ricky Ray
Hemophilia Relief Fund Act of 1998 established by
P.L.
105-369;
(y) Payments made under the Disaster Relief
and Emergency Assistance Act established by P.L. 100-387;
(z) Payments made under the Netherlands' Act
on Benefits for Victims of Persecution (WUV);
(aa) Payments made to certain survivors of
the Holocaust under the Federal Republic of Germany's Law for Compensation of
National Socialist Persecution or German Restitution Act;
(bb) Interest or dividends received by the
institutionalized individual is excluded as income. Interest or dividends
received by the community spouse of an institutional individual is counted as
income of the community spouse. Dividends and interest are returns on capital
investments such as stocks, bonds, or savings accounts. Institutional status is
defined in WAC
182-513-1320;
(cc) Income received by an ineligible or
nonapplying spouse from a governmental agency for services provided to an
eligible client, e.g., chore services.
(2) The agency or its designee treats
Department of Veterans Affairs (VA) benefits as follows:
(a) Any VA dependent allowance is countable
income to the dependent unless it is paid due to unusual medical expenses
(UME);
(b) UME, aid and attendance
allowance, special monthly compensation (SMC) and housebound allowance are
third-party resources;
(c) Benefits
in subsection (2)(b) of this section for a client who receives long-term care
services are excluded when determining eligibility, but are available as a
third-party resource (TPR) as defined under WAC
182-513-1100
when determining the amount the institutionalized client contributes in the
cost of care.
(3) Any
other income excluded by federal law is excluded.
WSR 13-01-017, recodified as §182-513-1340, filed
12/7/12, effective 1/1/13. Statutory Authority:
RCW
74.04.050,
74.04.057,
74.08.090,
74.09.530, section 6014 of the
Deficit Reduction Act of 2005 (DRA), and 2010 1st sp.s. c 37§ 209(1). WSR
12-21-091, § 388-513-1340, filed 10/22/12, effective 11/22/12. Statutory
Authority:
RCW
74.04.050,
74.04.057,
74.08.090,
74.09.500,
74.09.530, Social Security Act
§ 1611, 1902, and C.F.R. 435.725. WSR 09-09-101, § 388-513-1340,
filed 4/20/09, effective 5/21/09. Statutory Authority:
RCW
74.08.090,
74.04.050,
74.04.057,
42 C.F.R.
435.601, 42 C.F.R. 435.725-726, and Sections
4715 and 4735 of the Federal Balanced Budget Act of 1997 (
P.L.
105-33) (H.R. 2015). WSR 00-01-087, §
388-513-1340, filed 12/14/99, effective 1/14/00. Statutory Authority:
RCW
74.08.090 and Title XIX State Agency Letter
#94-33. WSR 95-02-028 (Order 3819), § 388-513-1340, filed 12/28/94,
effective 1/28/95. Statutory Authority:
RCW
74.08.090. WSR 94-10-065 (Order 3732), §
388-513-1340, filed 5/3/94, effective 6/3/94. Formerly WAC 388-95-340
(part).
