WSR 05-11-075

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed May 17, 2005, 4:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-21-073.

Title of Rule and Other Identifying Information: WAC 388-478-0065 Income and resource standards for family medical programs.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters Building, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson), on June 21, 2005, at 10:00 a.m.

Date of Intended Adoption: Not sooner than June 22, 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., June 21, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by June 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 proposed change are technical corrections to add language to confirm that an unborn child is counted as a household member when determining Medicaid program eligibility for families, children and pregnant women. The [rule] is also changed to clarify the intent of the rule.

Reasons Supporting Proposal: Clarify the intent and meaning of the rule.

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

Statute Being Implemented: RCW 74.04.050, 74.04.057, 74.08.090, and 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 businesses.

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

May 11, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3544.1
AMENDATORY SECTION(Amending WSR 01-18-056, filed 8/30/01, effective 9/30/01)

WAC 388-478-0065   ((Categorically needy)) Income ((level (CNIL))) and resource standards for ((families)) family medical programs.   (1) The categorically needy income level (CNIL) standard for family medical is the same as the grant payment standards for the TANF cash program as stated in WAC 388-478-0020.

(2) The countable resource standards for family medical are the same as those of the TANF/SFA cash program as stated in WAC 388-470-0005.

(3) ((For all medical programs an)) Each unborn child is counted as a household member when determining household size for:

(a) Family medical (CN);

(b) Pregnancy medical (CN and MN); and

(c) Children's medical (CN and MN).

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 673(2) (42 U.S.C. 9902(2)). 01-18-056, 388-478-0065, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0065, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710 and 388-508-0820.]

Washington State Code Reviser's Office