SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: October 1, 2008.
Purpose: To extend medicaid benefits to general assistance expedited medicaid (GAX) recipients in the supplemental security income (SSI) post appeal process in order to consistently apply the definition of disabled as referenced in the medicaid state plan.
Citation of Existing Rules Affected by this Order: Amending WAC 388-448-0180.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.005.
Other Authority: Title 42 C.F.R. § 435.120 and 20 C.F.R. § 416.1455.
Adopted under notice filed as WSR 08-13-046 on June 12, 2008.
Changes Other than Editing from Proposed to Adopted Version: In subsection (2) of the WAC, an editorial change was made to the proposed language, by changing the word "with" to "within" at the end of the sentence.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 21, 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 within 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.]