WSR 14-08-063 EMERGENCY RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed March 31, 2014, 9:50 a.m., effective April 1, 2014] Effective Date of Rule: April 1, 2014.
Purpose: Pursuant to section 213(44) of ESSB 6002, the legislature reinstated the breast and cervical cancer treatment program. WAC 182-505-0120 must be revised to reflect this legislative directive.
Citation of Existing Rules Affected by this Order: Amending WAC 182-505-0120.
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.
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: State law (ESSB 6002) reestablishes the breast and cervical cancer treatment program effective April 1, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 31, 2014.
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-02-034, filed 12/29/11, effective 1/1/12)
WAC 182-505-0120 Breast and cervical cancer treatment program (BCCTP) for women—Client eligibility.
(1) Effective ((July 1, 2001)) April 1, 2014, a woman is eligible for categorically needy (CN) coverage under the breast and cervical cancer treatment program (BCCTP) only when she:
(a) Has been screened for breast or cervical cancer under the ((center for disease control (CDC))) breast ((and)), cervical ((cancer early detection)), and colon health program (((BCCEDP))) (BBCHP);
(b) Is found to require treatment for either breast or cervical cancer or for a related precancerous condition;
(c) Is under sixty-five years of age;
(d) Is not ((eligible for)) covered by another CN medicaid program;
(e) Is uninsured or does not otherwise have creditable coverage;
(f) Meets residency requirements as described in WAC ((388-468-0005)) 182-503-0520;
(g) Meets Social Security number requirements as described in WAC ((388-476-0005)) 182-503-0515; and
(h) Meets the requirements for citizenship or U.S. national status ((as defined in WAC 388-424-0001)) or "qualified alien" status as described in WAC ((388-424-0006 (1) or (4))) 182-503-0535.
(2) The certification period((s described in WAC 388-416-0015 (1), (4), and (6) apply to the BCCTP. Eligibility)) for ((medicaid continues throughout the full course of treatment as certified by the CDC-BCCEDP)) breast and cervical cancer treatment covered under this section is twelve months. Eligibility for BCCTP coverage continues throughout the course of treatment as certified by the BCCHP.
(((3) Income and asset limits are set by the CDC-BCCEDP.))
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