WSR 14-01-102 PERMANENT RULES HEALTH CARE AUTHORITY (Medicaid Program) [Filed December 18, 2013, 10:08 a.m., effective January 18, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority (HCA) is implementing new regulations under the federal Patient Protection and Affordable Care Act in preparation for healthcare reform in Washington state. This includes the establishment of standalone rules for medical assistance programs, which are required under 2E2SHB 1738, Laws of 2011, which creates HCA as the single state agency responsible for the administration and supervision of Washington's medicaid program (Washington apple health).
Citation of Existing Rules Affected by this Order: Amending WAC 182-509-0340.
Statutory Authority for Adoption: RCW 41.05.021.
Other Authority: Patient Protection and Affordable Care Act (Public Law 111-148); 42 C.F.R. § 431, 435, and 457; and 45 C.F.R. § 155.
Adopted under notice filed as WSR 13-22-077 on November 5, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0 [1], Amended 1 [0], Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0 [1], Amended 1 [0], Repealed 0.
Date Adopted: December 18, 2013.
Kevin M. Sullivan
Rules Coordinator
NEW SECTION
WAC 182-509-0340 MAGI income—American Indian/Alaska Native excluded income.
For the purposes of determining eligibility of American Indians/Alaska Natives for modified adjusted gross income (MAGI)-based Washington apple health (WAH) (see WAC 182-509-0300), the agency excludes from MAGI the following: (1) Distributions from Alaska Native corporations and settlement trusts; (2) Distributions from any property held in trust, subject to federal restrictions, located within the most recent boundaries of a prior federal reservation, or otherwise under the supervision of the Secretary of the Interior; (3) Distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extraction and harvest from: (a) Rights of ownership or possession in any lands described in (b) of this subsection; or (b) Federally protected rights regarding off-reservation hunting, fishing, gathering, or usage of natural resources. (4) Distributions resulting from real property ownership interests related to natural resources and improvements that are: (a) Located on or near a reservation or within the most recent boundaries of a prior federal reservation; or (b) Resulting from the exercise of federally protected rights relating to such real property ownership interests. (5) Payments resulting from ownership interests in or usage rights to items that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or a traditional lifestyle according to applicable tribal law or custom; (6) Student financial assistance provided under the Bureau of Indian Affairs education programs; and (7) Any other applicable income exclusion as provided by federal law, regulation, or rule, including the Internal Revenue Code, treasury regulations, and Internal Revenue Service revenue rulings, revenue procedures, notices, and other official tax guidance.
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