SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Preproposal statement of inquiry was filed as WSR 04-14-097.
Title of Rule and Other Identifying Information: Amending WAC 388-462-0015 Medical eligibility for pregnant women.
Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on February 22, 2005, at 10:00 a.m.
Date of Intended Adoption: Not sooner than February 23, 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 email@example.com, fax (360) 664-6185, by 5:00 p.m., February 22, 2005.
Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by February 17, 2005, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment removes the requirement for a licensed medical practitioner to verify that the client is pregnant. Also the other subsections were rewritten to clarify the rule.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.04.057.
Statute Being Implemented: RCW 74.09.415.
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: Wendy Forslin, MAA, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not affect small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. This rule revision, regarding client medical eligibility, is exempt from the provisions of RCW 34.05.328 per RCW 34.05.328 (5)(b)(vii).
January 11, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit3507.2
(1) A pregnant woman is eligible for ((
described in this chapter only when her pregnancy is confirmed
by a licensed medical practitioner, licensed laboratory,
community clinic, family planning clinic, or health department
(2) A pregnant woman is eligible for CN Medicaid coverage if she meets the following requirements as described in WAC 388-503-0505)) categorically needy (CN) scope of care if she meets the following requirements:
(a) Citizenship or immigration status (chapter 388-424 WAC); and
(b) Social security account number (chapter 388-474 WAC); and
(c) Is a Washington state ((
residence)) resident (chapter 388-468 WAC); and
(d) Has countable income ((
meets the standard)) as
described in WAC 388-478-0075.
(3))) (2) A pregnant woman is considered for medically
needy (MN) (( program coverage)) scope of care if she meets the
requirements in subsection (( (2))) (1)(a) through (c) of this
Her)) Has countable income (( is greater than)) that
exceeds the standard in subsection (( (2))) (1)(d) of this
Her)) Has countable resources that do not exceed
the standard in WAC 388-478-0070.
(4))) (3) A pregnant woman (( is)) may be eligible for
(( CN scope of care under the state-funded pregnant woman
program)) non-citizen pregnancy medical if she is not eligible
for (( programs)) medical described in subsections (1) and (2)
of this section due to citizenship, immigrant status, or
social security number requirements.
(5))) (4) A pregnant woman (( is considered for MN scope
of care under the state-funded pregnant woman program if))
meeting the eligibility criteria in subsection (3) is eligible
She is not eligible for the program under
subsection (4) of this section because her income exceeds the
standard)) CN scope of care when the countable income is at or
below the income standard described in subsection (1)(d);
(( and)) or
Her resources do not exceed the standard in WAC 388-478-0070.)) MN scope of care when:
(i) The countable income exceeds the standard in subsection (1)(d); and
(ii) The resources do not exceed the standard described in WAC 388-478-0070.
(6) A pregnant woman is considered for the medically
indigent (MI) program if her resources exceed the standards in
(7) Only the)) (5) Consider as income ((
of an unmarried
father of an unborn child)) to the pregnant woman the amount
that is actually contributed to (( a pregnant woman is
considered as income to her.
(8) There are no resource limits for the programs described in subsections (2) and (4) of this section.
(9))) her by the father of her unborn child when the pregnant woman is not married to the father.
(6) The assignment of child support and medical support rights as described in chapter 388-422 WAC do not apply to pregnant women.
(10) Unless stated otherwise, this section contains the
only eligibility requirements for pregnant women to qualify
for medical coverage.
(11))) (7) A woman who was eligible for and received
medical coverage on the last day of pregnancy is eligible for
extended medical benefits for postpartum care ((
end of the month:
(a) Which includes the sixtieth day from the end of the pregnancy, for a pregnant woman receiving medical in any program except medically indigent (MI); or
(b) The pregnancy ends, for a pregnant woman receiving MI benefits)) for a minimum of sixty days from the end of her pregnancy. This extension continues through the end of the month in which the sixteenth day falls.
(12))) (8) A woman who was eligible for (( a)) medical
(( program)) coverage on the last day of pregnancy is eligible
for family planning services for twelve months from the end of
the pregnancy even when eligibility for pregnancy was
determined after the pregnancy ended.
[Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-462-0015, 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, § 388-462-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-508-0820, 388-508-0830, 388-522-2230 and 388-508-0835.]