Effective Date of Rule: October 1, 2012.

     Purpose: To amend TAKE CHARGE rule sections (WAC 182-532-700 and 182-532-720) so they comply with the special terms and conditions of the federal waiver renewal for the TAKE CHARGE medicaid program. Amendments revise the income requirement to: Allow incomes at or below two hundred fifty percent of the federal poverty level; and change third-party liability requirements, allowing clients with health insurance to apply for TAKE CHARGE.

     Citation of Existing Rules Affected by this Order: Amending WAC 182-532-700 and 182-532-720.

     Statutory Authority for Adoption: RCW 41.05.021.

     Other Authority: RCW 74.09.659.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: Amending the TAKE CHARGE rule sections (WAC 182-532-700 and 182-532-720) is needed to immediately comply with the special terms and conditions of the federal waiver renewal for the TAKE CHARGE medicaid program. This emergency rule is necessary as the health care authority proceeds with regular rule making, initiated by filing a CR-101 under WSR 12-16-100.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: September 28, 2012.

Kevin M. Sullivan

Rules Coordinator

OTS-4996.1

AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-532-700   TAKE CHARGE program -- Purpose.   TAKE CHARGE is a family planning demonstration and research program approved by the federal government under a medicaid program waiver. The purpose of the TAKE CHARGE program is to make family planning services available to men and women with incomes at or below two hundred fifty percent of the federal poverty level. See WAC 388-532-710 for a definition of TAKE CHARGE.

[11-14-075, recodified as § 182-532-700, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090 and 74.09.800. 08-11-031, § 388-532-700, filed 5/13/08, effective 6/13/08. Statutory Authority: RCW 74.08.090, 74.09.520, and 74.09.800. 05-24-032, § 388-532-700, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 74.08.090, 74.09.520, 74.09.800, and SSB 5968, 1999 c 392 § 2(12). 02-21-021, § 388-532-700, filed 10/8/02, effective 11/8/02.]

     (a) Be a United States citizen, U.S. National, or "qualified alien" as described in chapter 388-424 WAC and provide proof of citizenship or qualified alien status, and identity;

     (b) Be a resident of the state of Washington as described in WAC 388-468-0005;

     (c) Have income at or below two hundred fifty percent of the federal poverty level as described in WAC ((388-478-0075)) 182-505-0100;

     (d) Need family planning services;

     (e) Apply voluntarily for family planning services with a TAKE CHARGE provider; and

     (f) Not be currently covered through another medical assistance program for family planning ((or have any health insurance that covers family planning, except as provided in WAC 388-530-790)).

     (2) A client who is pregnant or sterilized is not eligible for TAKE CHARGE.

     (3) A client is authorized for TAKE CHARGE coverage for one year from the date the department determines eligibility or for the duration of the demonstration and research program, whichever is shorter, as long as the criteria in subsection (1) and (2) of this section continue to be met. Upon reapplication for TAKE CHARGE by the client, the department may renew the coverage for additional periods of up to one year each, or for the duration of the demonstration and research program, whichever is shorter.

[11-14-075, recodified as § 182-532-720, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090 and 74.09.800. 08-11-031, § 388-532-720, filed 5/13/08, effective 6/13/08. Statutory Authority: RCW 74.08.090, 74.09.520, and 74.09.800. 05-24-032, § 388-532-720, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-532-720, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.08.090, 74.09.520, 74.09.800, and SSB 5968, 1999 c 392 § 2(12). 02-21-021, § 388-532-720, filed 10/8/02, effective 11/8/02.]