1. (1) For the purposes of this section only, "remaining income" means all gross nonexcluded income remaining after the post-eligibility calculation under WAC 182-513-1380.

2. (2) General information. To be eligible for institutional services when living in a medical institution under the SSI-related medically needy (MN) program, a person must:

   1. (a) Meet program requirements under WAC 182-513-1315;
   2. (b) Have gross nonexcluded income in excess of the special income level (SIL) defined under WAC 182-513-1100; and
   3. (c) Meet the financial requirements of subsection (3) or (4) of this section.

3. (3) Financial eligibility.

   1. (a) The agency or its designee determines a person's resource eligibility, excess resources, and medical expense deductions using WAC 182-513-1350.

   2. (b) The agency or its designee determines a person's countable income by:

      1. (i) Excluding income under WAC 182-513-1340;
      2. (ii) Determining available income under WAC 182-513-1325 or 182-513-1330;
      3. (iii) Disregarding income under WAC 182-513-1345; and
      4. (iv) Deducting medical expenses that were not used to reduce excess resources under WAC 182-513-1350.

4. (4) Eligibility for agency payment to the facility for institutional services and the MN program.

   1. (a) If a person's remaining income plus excess resources is less than, or equal to, the state-contracted daily rate times the number of days the person has resided in the facility, the person:

      1. (i) Is eligible for agency payment to the facility for institutional services and the MN program; and
      2. (ii) Is approved for a twelve-month certification period.
   2. (b) The person must pay income and excess resources towards the cost of care under WAC 182-513-1380.

5. (5) Eligibility for agency payment to the facility for institutional services and MN spenddown. If a person's remaining income is more than the state-contracted daily rate times the number of days the person has resided in the facility, but less than the private nursing facility rate for the same period, the person:

   1. (a) Is eligible to receive institutional services at the state-contracted rate; and

      1. (i) Is approved for a three-month or six-month base period;
      2. (ii) Pays income and excess resources towards the state-contracted cost of care under WAC 182-513-1380; and

   2. (b) Is eligible for the MN program for the same three-month or six-month base period when the total of additional medical expenses incurred during the base period exceeds:

      1. (i) The total remaining income for all months of the base period;
      2. (ii) Minus the total state-contracted rate for all months of the base period.
6. (6) If a person has excess resources and the person's remaining income is more than the state-contracted daily rate times the number of days the person has resided in the facility, the person is not eligible to receive institutional services and the MN program.

[Statutory Authority: RCW 41.05.021, 41.05.160, P.L. 111-148, 42 C.F.R. §§ 431, 435, and 457, and 45 C.F.R. § 155. WSR 17-03-116, § 182-513-1395, filed 1/17/17, effective 2/17/17. WSR 13-01-017, recodified as § 182-513-1395, 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, § 388-513-1395, 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, 74.39.010. WSR 07-19-129, § 388-513-1395, filed 9/19/07, effective 10/20/07. Statutory Authority: RCW 11.92.180, 43.20B.460, 48.85.020, 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.[09.]575, 74.09.585; 20 C.F.R. 416.1110-1112, 1123 and 1160; 42 C.F.R. 435.403 (j)(2) and 1005; and Sections 17, 1915(c), and 1924 (42 U.S.C. 1396) of the Social Security Act. WSR 00-01-051, § 388-513-1395, filed 12/8/99, effective 1/8/00. Statutory Authority: RCW 74.08.090 and 74.09.500. WSR 99-06-045, § 388-513-1395, filed 2/26/99, effective 3/29/99. Statutory Authority: RCW 74.08.090 and Budget Note 17. WSR 96-16-092, § 388-513-1395, filed 8/7/96, effective 8/29/96. Statutory Authority: RCW 74.08.090 and 1995 2nd sp.s. c 18 §§ 2095a and 5b. WSR 95-24-017 (Order 3921, #100267), § 388-513-1395, filed 11/22/95, effective 1/1/96. Statutory Authority: RCW 74.08.090. WSR 94-10-065 (Order 3732), § 388-513-1395, filed 5/3/94, effective 6/3/94. Formerly WAC 388-95-400.]