Section 182-513-1220 - Community first choice (CFC)-Spousal impoverishment protections for noninstitutional Washington apple health clients(1) This section is effective through September 30, 2027.(2) The agency or its designee determines eligibility for community first choice (CFC) using spousal impoverishment protections under this section, when an applicant: (a) Is married to, or marries, a person not in a medical institution;(b) Meets institutional level of care and eligibility for CFC services under WAC 388-106-0270 through 388-106-0295;(c) Is ineligible for a noninstitutional categorically needy (CN) SSI-related program: (i) Due to spousal deeming rules under WAC 182-512-0920, or due to exceeding the resource limit in WAC 182-512-0010, or both; or(ii) In an ALF due to combined spousal resources exceeding the resource limit in WAC 182-512-0010; and(d) Meets the aged, blindness, or disability criteria under WAC 182-512-0050.(3) The agency or its designee determines countable income using the SSI-related income rules under chapter 182-512 WAC but uses only the applicant's or recipient's separate income and not the income of the applicant's or recipient's spouse.(4) The agency or its designee determines countable resources using the SSI-related resource rules under chapter 182-512 WAC, except pension funds owned by the spousal impoverishment protections community (SIPC) spouse are not excluded as described under WAC 182-512-0550: (a) For the applicant or recipient, the resource standard is $2000.(b) Before determining countable resources used to establish eligibility for the applicant, the agency allocates the state spousal resource standard to the SIPC spouse.(c) The resources of the SIPC spouse are unavailable to the spousal impoverishment protections institutionalized (SIPI) spouse the month after eligibility for CFC services is established.(5) The SIPI spouse has until the end of the month of the first regularly scheduled eligibility review to transfer countable resources in excess of $2000 to the SIPC spouse.(6) A redetermination of the couple's resources under subsection (4) of this section is required if: (a) The SIPI spouse has a break in CFC services of at least 30 consecutive days;(b) The SIPI spouse's countable resources exceed the standard under subsection (4)(a) of this section; or(c) The SIPI spouse does not transfer the amount under subsection (5) of this section to the SIPC spouse by the end of the month of the first regularly scheduled eligibility review.(7) If the applicant lives at home and the applicant's separate countable income is at or below the SSI categorically needy income level (CNIL) and the applicant is resource eligible, the applicant is a SIPI spouse and is financially eligible for noninstitutional CN coverage and CFC services.(8) If the applicant lives in an ALF, has separate countable income at or below the standard under WAC 182-513-1205(2), and is resource eligible, the applicant is a SIPI spouse and is financially eligible for noninstitutional CN coverage and CFC services.(9) Once a person no longer receives CFC services for 30 consecutive days, the agency redetermines eligibility without using spousal impoverishment protection, under WAC 182-504-0125.(10) If the applicant's separate countable income is above the standards under subsections (7) and (8) of this section, the applicant is not eligible for CFC services under this section.(11) The spousal impoverishment protections under this section expire on September 30, 2027.Wash. Admin. Code § 182-513-1220
Adopted by WSR 17-03-116, Filed 1/17/2017, effective 2/17/2017Amended by WSR 18-06-031, Filed 2/28/2018, effective 3/31/2018Amended by WSR 21-10-051, Filed 4/29/2021, effective 5/30/2021Amended by WSR 23-04-034, Filed 1/25/2023, effective 2/25/2023Amended by WSR 23-11-039, Filed 5/11/2023, effective 6/11/2023