WSR 98-15-066




(Medical Assistance Administration)

[Filed July 13, 1998, 1:35 p.m., effective July 30, 1998]

Date of Adoption: July 13, 1998.

Purpose: These rules implement state and federal legislation concerning welfare and immigration reform as it impacts eligibility for medical programs. These rules have also been rewritten to meet the intent of the Governor's Executive Order 97-02. Adds a new section WAC 388-510-1005.

Citation of Existing Rules Affected by this Order: Amending WAC 388-500-0005, 388-503-0310, 388-505-0520, 388-507-0740, 388-510-1020, and 388-523-2305.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530.

Other Authority: RCW 74.04.005, 74.08.331, 74.08A.010, [74.08A.]100, [74.08A.]210, [74.08A.]230, 74.09.510, 74.12.255, Public Law 104-193 (1997) and the Balanced Budget Act [of] 1997.

Adopted under notice filed as WSR 98-08-081 on April 1, 1998.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-500-0005, editorial change in the definition of "nursing facility." Added cross-references in the definition of "categorically needy."

WAC 388-503-0310(13), added clarifying language concerning medical extensions.

WAC 388-503-0310(21), added clarifying language concerning a child eligible for SSI on August 22, 1996.

WAC 388-507-0740, added language concerning state family assistance (SFA) and SFA-related persons.

WAC 388-523-2305, added language concerning SFA and SFA-related persons.

These changes from the proposed language to the adopted versions were made based on public comments.

These changes were recommended to reflect intended medical assistance administration policy. Changes other than editorial were necessary to clarify that certain rules apply both to temporary assistance for needy families (TANF) and to state family assistance (SFA).

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 6, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 6, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 6, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The department is required to implement, and comply with, state and federal welfare legislation by August 1, 1997. These rules have been in effect on an emergency basis which will expire on July 30, 1998.

Effective Date of Rule: July 30, 1998.

July 13, 1998

Marie Mycherin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-16 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office