WSR 04-23-066

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed November 15, 2004, 3:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-18-065.

Title of Rule and Other Identifying Information: WAC 388-503-0510 How a client is determined "related to" a Medicaid program.

Hearing Location(s): Office Building 2 Auditorium, DSHS Headquarters (public parking at 11th and Jefferson), 1115 Washington, Olympia, WA 98504, on January 4, 2005, at 10:00 a.m.

Date of Intended Adoption: Not sooner than January 5, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., January 4, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by December 30, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes are technical corrections to cross-references and add language in subsection (2)(b) that was previously deleted inadvertently.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.09.530.

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

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1330.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. DSHS eligibility rules are exempt under RCW 34.05.328 (5)(b)(vii).

November 10, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3481.1
AMENDATORY SECTION(Amending WSR 02-17-030, filed 8/12/02, effective 9/12/02)

WAC 388-503-0510   How a client is determined "related to" a categorical program.   (1) A person is related to the Supplemental Security Income (SSI) program if they are:

(a) Aged, blind, or disabled as defined in WAC 388-511-1105(1) or chapter 388-475 WAC; or

(b) Considered as eligible for SSI under WAC 388-511-1105(5) or chapter 388-475 WAC; or

(c) Children meeting the requirements of WAC 388-505-0210(((6))) (5).

(2) A person or family is considered to be related to the temporary assistance for needy families (TANF) program if they ((meet)):

(a) Meet the program requirements for the TANF cash assistance programs or the requirements of WAC ((388-505-0210 or)) 388-505-0220; or

(b) Would meet such requirements except that the assistance unit's countable income ((or resources)) exceeds the TANF program standards in WAC 388-478-0065.

(3) Persons related to SSI or to TANF are eligible for categorically needy (CN) or medically needy (MN) medical coverage if they meet the other eligibility criteria for these medical programs. See chapters 388-475, 388-505 and 388-519 WAC for these eligibility criteria.

(4) Persons related to SSI or to TANF and who receive the related CN medical coverage have redetermination rights as described in WAC 388-503-0505(6).

[Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, 388-503-0510, 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, 388-503-0510, filed 7/31/98, effective 9/1/98.]

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