WSR 04-04-074

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed February 2, 2004, 4:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-12-054.

Title of Rule: WAC 388-416-0030 Certifications for the medically indigent (MI) program, 388-438-0100 Medically indigent (MI) program, and 388-503-0505 General eligibility requirements for medical programs.

Purpose: The medically indigent program ended June 30, 2003, as operating funds were not appropriated under the state's 2003-2005 omnibus operating budget.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090, 74.09.530; Part II Section 209, 2003-2005 Omnibus Operating Budget (chapter 25, Laws of 2003 1st sp.s.).

Summary: The 2003 Washington state legislature ended the medically indigent program effective June 30, 2003.

Reasons Supporting Proposal: No funding for this program has been appropriated beyond June 30, 2003.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, P.O. Box 5534, Olympia, WA 98504-5534, (360) 725-1343.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.

Proposal Changes the Following Existing Rules: The medically indigent program ended June 30, 2003, and the information about this program must be removed from rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule revision does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule revision is exempt from the provisions of RCW 34.05.328 per RCW 34.05.328 (5)(b)(vii), "rules of the department of social and health services relating to client medical or financial eligibility."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 9, 2004, at 10:00.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 5, 2004, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., March 9, 2004.

Date of Intended Adoption: Not sooner than March 10, 2004.

January 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3256.1
AMENDATORY SECTION(Amending WSR 02-17-030, filed 8/12/02, effective 9/12/02)

WAC 388-503-0505   General eligibility requirements for medical programs.   (1) Persons applying for benefits under the medical coverage programs established under chapter 74.09 RCW must meet the eligibility criteria established by the department in chapters 388-400 through 388-555 WAC.

(2) Persons applying for medical coverage are considered first for federally funded or federally matched programs. State-funded programs are considered after federally funded programs are not available to the client except for brief periods when the state-funded programs offer a broad scope of care which meet a specific client need.

(3) Unless otherwise specified in program specific WAC, the eligibility criteria for each medical program is as follows:

(a) Verification of age and identity (chapters 388-404, 388-406, and 388-490 WAC); and

(b) Residence in Washington state (chapter 388-468 WAC); and

(c) Citizenship or immigration status in the United States (chapter 388-424 WAC); and

(d) Possession of a valid Social Security Account Number (chapter 388-476 WAC); and

(e) Assignment of medical support rights to the state of Washington (WAC 388-505-0540); and

(f) Cooperation in securing medical support (chapter 388-422 WAC); and

(g) Countable resources within program limits (chapters 388-470 and 388-478 WAC); and

(h) Countable income within program limits (chapters 388-450 and 388-478 WAC).

(4) In addition to the general eligibility requirements in subsection (3) of this section, each program has specific eligibility requirements as described in applicable WAC.

(5) Persons living in a public institution, including a correctional facility, are not eligible for the department's medical coverage programs. ((A person living in a city or county jail may be considered only for the medically indigent (MI) program.)) For a person under age twenty or over age sixty-five who is a patient in an institution for mental disease see WAC 388-513-1315(13) for exception.

(6) Persons terminated from SSI or TANF cash grants and those who lose eligibility for categorically needy (CN) medical coverage have their CN coverage continued while their eligibility for other medical programs is redetermined. This continuation of medical coverage is described in chapter 388-434 WAC.

[Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, 388-503-0505, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-503-0505, filed 7/31/98, effective 9/1/98. Formerly WAC 388-501-0110, 388-503-0305 and 388-505-0501.]

3255.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-438-0100 Medically indigent (MI) program.
3366.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-416-0030 Certification periods for the medically indigent (MI) program.

Legislature Code Reviser 

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Washington State Code Reviser's Office