BILL REQ. #:  H-3522.2 

Read first time 01/17/12.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to requesting and implementing a waiver from maintenance of effort requirements in the medical programs under chapter 74.09 RCW; adding a new section to chapter 74.09 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) On March 23, 2010, President Barack Obama signed into law the patient protection and affordable care act and the health care and education reconciliation act of 2010, collectively known as the affordable care act;
     (b) The affordable care act prohibits states from dropping or restricting medicaid and the children's health insurance program coverage for groups covered on March 23, 2010; and
     (c) The state currently has a one and one-half billion dollar deficit projected for the remainder of the 2011-2013 budget, which will result in further significant reductions to health care and human service programs, including medicaid.
     (2) The legislature intends to require the department to request a waiver from the United States department of health and human services to provide state lawmakers with the flexibility needed to modify our state's medicaid and children's health insurance programs to meet the new economic realities that we are facing, and to prioritize services and programs for the most vulnerable.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.09 RCW to read as follows:
     The department shall apply, within ten business days of the effective date of this section, to the secretary of the United States department of health and human services for a waiver from the maintenance of eligibility requirements of section 1902(gg) (1) and (2) and any other section of the social security act. The waiver is to be effective through January 1, 2014, and shall seek approval to reduce eligibility requirements for select Titles XIX and XXI populations that were previously optional under Titles XIX and XXI of the social security act before passage of the federal patient protection and affordable care act, P.L. 111-48, as amended by the health care and education reconciliation act of 2010, P.L. 111-152.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.