SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Preproposal statement of inquiry was filed as WSR 08-09-108.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-448-0180 How do we redetermine your eligibility when we decide you are eligible for general assistance expedited medicaid (GAX)?
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on July 22, 2008, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 23, 2008.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail RPAUDSHSRulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 22, 2008.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 15, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at firstname.lastname@example.org.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment will allow the department to extend medicaid benefits to GAX recipients in the SSI post-appeal process.
Reasons Supporting Proposal: The proposed amendments are necessary to consistently apply the definition of disabled as referenced in the medicaid state plan.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.005, 42 C.F.R. §435.120, and 20 C.F.R. §416.1455.
Statute Being Implemented: RCW 74.08.090, 74.04.005, 42 C.F.R. §435.120, and 20 C.F.R. §416.1455.
Rule is necessary because of federal law, 7 C.F.R. 273.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Melissa Mathson, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4563.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by allowing medicaid benefits to continue for GAX recipients who are in the SSI post-appeal process.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
June 11, 2008
Stephanie E. Schiller
(2) If your application for SSI is denied, and the denial
is upheld by an SSI/SSA administrative hearing ((
end of the twelve-month incapacity period)), we change your
program eligibility from GAX to (( GA and adjust the incapacity
review date to be sixty days after the administrative hearing
date)) GAU if you do not provide proof you have filed an
appeal with the SSI/SSA appeals council with sixty days of
your hearing decision.
(3) We change your program eligibility from GAX to GAU after the final SSI/SSA determination or if you fail to follow through with any part of the SSI/SSA appeals process.
[Statutory Authority: RCW 74.08.090, 74.04.005, and 2003 1st sp.s. c 10. 04-07-140, § 388-448-0180, filed 3/22/04, effective 5/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 01-14-059, § 388-448-0180, filed 6/29/01, effective 8/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-16-113, § 388-448-0180, filed 8/2/00, effective 9/1/00.]