EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Effective Date of Rule: May 8, 2008.
Purpose: HRSA is creating new WAC 388-505-0230 Family-related institutional medical, to codify institutional medical eligibility for clients who are categorically related to the temporary assistance for needy families (TANF) program. This rule-making action will bring the state into compliance with federal regulations. This rule will also clarify program rules for children admitted to medical facilities and psychiatric inpatient treatment.
Statutory Authority for Adoption: RCW 74.04.055, 74.04.057, 74.08.090, and 74.09.530.
Other Authority: 42 C.F.R. 441.151.
Under RCW 34.05.350 the agency for good cause finds 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: This rule will bring the state into compliance with federal regulations while the permanent rule-making process, initiated under WSR 07-12-031, is completed.
This continues the emergency rule that is currently in effect under WSR 08-03-036 while the department completes the permanent rule-making process. The permanent rule-making process is currently underway within the department. The existing rule was completely rewritten from a single WAC filing to a series of sections. The revised rule recently went through a usability study, was reviewed by eligibility staff, and by legal services. The next step in the permanent rule-making process is stakeholder review.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: April 24, 2008.
Stephanie E. Schiller
Rules Coordinator
3913.2(1) An individual over the age of twenty-one is eligible for categorically needy (CN) family-related institutional medical assistance when the individual:
(a) Meets U.S. citizenship or immigrant status as described in WAC 388-424-0010 (1) or (2);
(b) Meets the state residency requirement as described in chapter 388-468 WAC;
(c) Provides a valid social security number as described in chapter 388-476 WAC;
(d) Meets TANF eligibility requirements as described in WAC 388-400-0005, except for the requirement to participate in the Workfirst program under chapter 388-310 WAC;
(e) Has countable income below the applicable TANF payment standard based upon household size to include the institutionalized individual;
(f) Meets institutional status as described in WAC 388-513-1320 and resides in a medical institution, intermediate care facility for mentally retarded (ICF/MR), hospice care center, state veteran's facility, or nursing home; and
(g) Participates available income towards the cost of care as described in WAC 388-513-1380.
(2) An individual over the age of twenty-one is not eligible for family-related institutional medical assistance when the individual resides in a psychiatric facility, unless the individual is:
(a) A Medicaid recipient or has submitted an application for medical benefits prior to the individual's twenty-first birthday; and
(b) Receiving active psychiatric treatment and the treatment extends beyond the twenty-first birth date but the individual has not yet reached the age of twenty-two. (Eligibility in this circumstance terminates when the individual discharges from the facility or on the individual's twenty-second birthday, whichever happens first.)
(3) An individual over the age of twenty-one with income in excess of the TANF payment standard is not eligible for medically needy (MN) family-related institutional medical assistance.
(4) An individual aged nineteen through twenty-one is eligible for CN medical assistance under the family-related institutional medical program when the individual:
(a) Meets the requirements in subsection (1)(a),(b), and (c);
(b) Resides in a medical facility as described in subsection (1)(f), a psychiatric facility (IMD) or a chemical dependency facility;
(c) Has countable income below the one-person TANF standard; and
(d) Participates toward the cost of their care as described in WAC 388-513-1380.
(5) An individual aged eighteen through twenty-one with countable income below the payment standard described in WAC 388-478-0040 may be eligible for general assistance cash assistance for the individual's personal needs allowance.
(6) An individual under the age of nineteen is eligible for CN medical assistance under the family-related institutional medical program when the individual:
(a) Meets the requirements in subsection (1)(a), (b), and (c);
(b) Resides in a medical facility as described in subsection (1)(f), a psychiatric facility (IMD) or a chemical dependency facility;
(c) Has countable income below the applicable standard described in WAC 388-505-0210; and
(d) Participates toward the cost of their care as described in WAC 388-513-1380.
(7) When an individual under the age of twenty-one resides or is expected to reside thirty days or longer in a medical institution, intermediate care facility for the mentally retarded (ICF/MR), hospice care center or nursing facility, only the parental income the parent chooses to contribute is considered available.
(8) When an individual resides in a psychiatric facility or chemical dependency facility, parental income is considered as follows:
(a) It is available to an individual seventeen years of age or younger unless:
(i) The individual is expected to reside outside of the home for ninety days or longer; or
(ii) The individual is in court-ordered, out-of-home care in accordance with chapter 13.34 RCW; or
(iii) The department determines the parents are not exercising responsibility for the care and control of the individual.
(b) Parental income is considered available only as contributed to an individual over seventeen years of age but under nineteen who resides or is expected to reside in a psychiatric facility for thirty days or longer; and
(c) Parental income is not considered available to an individual between nineteen and twenty-one years of age who resides or is expected to reside in a psychiatric facility or chemical dependency facility for thirty days or longer.
(9) An individual under the age of twenty-one is considered for medically needy (MN) family-related institutional medical when the individual's countable income exceeds the standards in WAC 388-505-0210.
(10) A TANF-related individual who is not expected to reside in a medical facility for thirty days or longer is not eligible for family-related institutional medical. The individual's eligibility will be considered for a non-institutional medical program as described in WAC 388-505-0210, 388-505-0211, or 388-505-0220.
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