Chapter 48.85 RCW

WASHINGTON LONG-TERM CARE PARTNERSHIP

Sections
Washington long-term care partnership programGenerally.
Protection of assetsFederal approvalRules.
Insurance policy criteriaRules.
Consumer education program.
Short titleSeverabilitySavingsCaptions not lawReservation of legislative powerEffective dates1993 c 492.


48.85.010
Washington long-term care partnership program—Generally.

The department of social and health services shall, in conjunction with the office of the insurance commissioner, coordinate a long-term care insurance program entitled the Washington long-term care partnership, whereby private insurance and medicaid funds shall be used to finance long-term care. For individuals purchasing a long-term care insurance policy or contract governed by chapter 48.84 or 48.83 RCW and meeting the criteria prescribed in this chapter, and any other terms as specified by the office of the insurance commissioner and the department of social and health services, this program shall allow for the exclusion of some or all of the individual's assets in determination of medicaid eligibility as approved by the centers for medicare and medicaid services.
NOTES:
SeverabilityEffective date2008 c 145: See RCW 48.83.900 and 48.83.901.
Conflict with federal requirementsSeverabilityEffective date1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
FindingsIntent1993 c 492: See notes following RCW 43.20.050.



48.85.020
Protection of assets—Federal approval—Rules.

The department of social and health services shall seek approval from the centers for medicare and medicaid services to allow the protection of an individual's assets as provided in this chapter. The department shall adopt all rules necessary to implement the Washington long-term care partnership program, which rules shall permit the exclusion of all or some of an individual's assets in a manner specified by the department in a determination of medicaid eligibility to the extent that private long-term care insurance provides payment or benefits for services.
[ 2012 c 211 § 10; 1995 1st sp.s. c 18 § 77; 1993 c 492 § 459.]
NOTES:
Conflict with federal requirementsSeverabilityEffective date1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
FindingsIntent1993 c 492: See notes following RCW 43.20.050.



48.85.030
Insurance policy criteria—Rules.

(1) The insurance commissioner shall adopt rules defining the criteria that qualified long-term care partnership insurance policies must meet to satisfy the requirements of this chapter. The rules shall incorporate any requirements set forth by chapter 48.83 RCW and the deficit reduction act of 2005 for qualified long-term care partnership insurance policies purchased for the purposes of this chapter.
(2) Insurers offering long-term care policies for the purposes of this chapter shall demonstrate to the satisfaction of the insurance commissioner that they:
(a) Have procedures to provide notice to each purchaser of the long-term care consumer education program;
(b) Have procedures that provide for the keeping of individual policy records and procedures for the explanation of coverage and benefits identifying those payments or services available under the policy that meet the purposes of this chapter;
(c) Agree to provide the insurance commissioner any required annual report containing information derived from the long-term care partnership long-term care insurance uniform data set as specified by the office of the insurance commissioner.
[ 2011 c 47 § 12; 1995 1st sp.s. c 18 § 78; 1993 c 492 § 460.]
NOTES:
Conflict with federal requirementsSeverabilityEffective date1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
FindingsIntent1993 c 492: See notes following RCW 43.20.050.



48.85.040
Consumer education program.

The insurance commissioner shall, with the cooperation of the department of social and health services and members of the long-term care insurance industry, develop a consumer education program designed to educate consumers as to the need for long-term care, methods for financing long-term care, the availability of long-term care insurance, and the availability and eligibility requirements of the asset protection program provided under this chapter.
[1995 1st sp.s. c 18 § 79; 1993 c 492 § 461.]
NOTES:
Conflict with federal requirementsSeverabilityEffective date1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
FindingsIntent1993 c 492: See notes following RCW 43.20.050.



48.85.900
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492.

See RCW 43.72.910 through 43.72.915.