WSR 14-15-122 EMERGENCY RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed July 22, 2014, 1:36 p.m., effective July 29, 2014] Effective Date of Rule: July 29, 2014.
Purpose: Pursuant to section 213(44) of ESSB 6002, the legislature reinstated the breast and cervical cancer treatment program. WAC 182-505-0120 must be revised to reflect this legislative directive.
Citation of Existing Rules Affected by this Order: Amending WAC 182-505-0120.
Statutory Authority for Adoption: RCW 41.05.021.
Other Authority: Patient Protection and Affordable Care Act (Public Law 111-148); 42 C.F.R. § 431, 435, and 457; and 45 C.F.R. § 155.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: State law (ESSB 6002) reestablishes the breast and cervical cancer treatment program effective April 1, 2014. This filing continues the emergency rule in effect since April 1, 2014, under WSR 14-08-063 while the agency completes the permanent rule process.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: July 22, 2014.
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-02-034, filed 12/29/11, effective 1/1/12)
WAC 182-505-0120 Washington apple health breast and cervical cancer treatment program (BCCTP) for women—Client eligibility.
(1) Effective ((July 1, 2001)) April 1, 2014, a woman is eligible for categorically needy (CN) coverage under the Washington apple health (WAH) breast and cervical cancer treatment program (BCCTP) only when she:
(a) Has been screened for breast or cervical cancer under the ((center for disease control (CDC))) department of health's breast ((and)), cervical ((cancer early detection)), and colon health program (((BCCEDP))) (BCCHP);
(b) Is found to require treatment for either breast or cervical cancer or for a related precancerous condition;
(c) Is under sixty-five years of age;
(d) Is not ((eligible for)) covered by another WAH-CN ((medicaid)) program;
(e) Is uninsured or does not otherwise have creditable coverage;
(f) Meets residency requirements as described in WAC ((388-468-0005)) 182-503-0520;
(g) Meets Social Security number requirements as described in WAC ((388-476-0005)) 182-503-0515; ((and))
(h) Meets the requirements for citizenship or U.S. national status ((as defined in WAC 388-424-0001)) or "qualified alien" status as described in WAC ((388-424-0006 (1) or (4))) 182-503-0535; and
(i) Meets the income standard set by the BCCHP.
(2) The certification period((s described in WAC 388-416-0015 (1), (4), and (6) apply to the BCCTP. Eligibility)) for ((medicaid continues throughout the full course of treatment as certified by the CDC-BCCEDP)) breast and cervical cancer treatment covered under this section is twelve months as provided in WAC 182-504-0015. Renewal of eligibility must be completed prior to the end of each certification period to remain continuously enrolled. Eligibility for BCCTP coverage under subsection (1)(b) of this section continues throughout the course of treatment as certified by the BCCHP.
(((3) Income and asset limits are set by the CDC-BCCEDP.))
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