Washington Administrative Code › Title 182 - Health Care Authority › WASHINGTON APPLE HEALTH › Chapter 182-513 - Client not in own home-Institutional medical › Section 182-513-1340 - Determining excluded income for long-term care (LTC) services

Current through Register Vol. 24-14, July 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.