WSR 14-17-113
PROPOSED RULES
HEALTH CARE AUTHORITY
(Washington Apple Health)
[Filed August 19, 2014, 4:29 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-02-088.
Title of Rule and Other Identifying Information: WAC 182-532-720 TAKE CHARGE programEligibility.
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Sue Crystal Conference Room 106A, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on September 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not sooner than September 24, 2014.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on September 23, 2014.
Assistance for Persons with Disabilities: Contact Kelly Richters by September 22, 2014, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change will update TAKE CHARGE program eligibility criteria to comply with changes in state and federal law.
Reasons Supporting Proposal: HCA must implement federal requirements under the Affordable Care Act, and the changes under the legislative session of 2013 concerning eligibility for TAKE CHARGE in accordance with the federal waiver amendments.
Statutory Authority for Adoption: RCW 41.05.021.
Statute Being Implemented: RCW 41.05.021.
Rule is necessary because of federal law, the Patient Protection and Affordable Care Act, Public Law 111-148.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Mick Pettersen, HCA, P.O. Box 42716, Olympia, WA, (360) 725-1842; Implementation and Enforcement: Maureen Considine, HCA, P.O. Box 45530, Olympia, WA, (360) 725-1652.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed rule and concludes that it does not impose more than minor costs for affected small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
August 19, 2014
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-16-008, filed 7/25/13, effective 9/1/13)
WAC 182-532-720 TAKE CHARGE programEligibility.
(1) The TAKE CHARGE program is for men and women. To be eligible for the TAKE CHARGE program, an applicant must:
(a) Be a United States citizen, U.S. National, or "qualified alien" as described in WAC 182-503-0530, and give proof of citizenship or qualified alien status and identity upon request from the medicaid agency;
(b) Provide a valid Social Security number (SSN);
(c) Be a resident of the state of Washington as described in WAC ((388-468-0005)) 182-503-0520;
(d) Have an income at or below two hundred ((fifty)) sixty percent of the federal poverty level as described in WAC ((182-505-0100)) 182-503-0502;
(e) Need family planning services;
(f) Have applied for categorically needy coverage, unless the applicant:
(i) Is a domestic violence victim who is covered under the alleged perpetrator's health insurance;
(ii) Is under eighteen years of age and is seeking confidential services; or
(iii) Has an income between one hundred fifty percent and two hundred sixty percent (inclusive) of the federal poverty level.
(g) Apply voluntarily for family planning services with a TAKE CHARGE provider; and
(((g))) (h) Not be covered currently through another ((medical assistance)) Washington apple health program for family planning. If categorically needy coverage is approved for a TAKE CHARGE recipient, the individual will be enrolled in the categorically needy program.
(2) ((A client)) An applicant who is pregnant or sterilized is not eligible for TAKE CHARGE.
(3) An applicant who has concurrent coverage under a creditable health insurance policy as defined in WAC 182-12-109 is not eligible for TAKE CHARGE unless the applicant is seeking confidential services and is either under nineteen years old or is a domestic violence victim who is covered under the perpetrator's insurance.
(4) A client is authorized for TAKE CHARGE coverage for one year from the date the medicaid agency determines eligibility. Upon reapplication for TAKE CHARGE by the client, the medicaid agency may renew the coverage for an additional period of up to one year, or for the duration of the waiver, whichever is shorter.