Health Care Authority Rulemaking Notice

Having trouble viewing this email? View it as a Web page.

Health Care Authority (HCA) logo

Health Care Authority Rulemaking Notice

You are receiving this notice because you signed up to receive alerts for any rulemaking that occurs to one or more of the following rules.

Permanent Adoption (CR103P)

Chapter 182-516 Trusts, annuities, and life estates—Effect on medical programs
182-513-1367 Hardship waivers
Purpose: Chapter 182-516 WAC was revised to align state policy with federal law. The agency added language from Section 1917 of the Social Security Act and other sources regarding life estates, promissory notes, loans, trusts, and annuities. The agency also amended this chapter to align with Title V, Sec. 5007 the 21st Century Cures Act which allows for a person to create his or her own D4A special needs trust. Changes related to the 21st Century Cures Act are found in new WAC 182-516-0120. WAC 182-513-1367 Hardship waivers was revised because it overlaps with Chapter 182-516 WAC as hardship waivers can be used for trusts, annuities, and life states. This rulemaking was also done to streamline and clarify language; reconcile self-settled and third party trusts; provide more direction on third party trusts; better distinguish annuities as resources, income, and/or transfers; simplify language for readers who do not have inherent property law knowledge; and add information from the Social Security Administration’s Program Operations Manual System.
(WSR 18-04-037)

Emergency Adoption (CR103E)

Trusts, Annuities, and Life Estates & 21st Century Cures Act
Purpose: The WAC is being amended to implement Title V, Sec. 5007 the 21st Century Cures Act to allow for a person to create his or her own D4A special needs trust. Effective March 2, changes related to the 21st Century Cures Act will be found in new WAC 182-516-0120 under WSR 18-04-037 listed above in Permanent Adoption CR103P. The agency is also fixing references to incorrect WAC citations in WAC 182-516-0100. (WSR 18-04-041)