WSR 14-20-112 EXPEDITED RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed September 30, 2014, 3:01 p.m.]
Title of Rule and Other Identifying Information: WAC 182-512-0795 SSI-related medical—Budgeting a sponsor's income.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kevin Sullivan, Rules Coordinator, Health Care Authority, P.O. Box 42716, Olympia, WA 98504-2716, or deliver to Cherry Street Plaza, 626 8th Avenue S.E., Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, AND RECEIVED BY December 1, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To correct a typographical error in WAC 182-512-0795 (1)(b). The WAC citation listed as WAC 182-512-0190 should be WAC 182-512-0790.
Reasons Supporting Proposal: To prevent confusion since there is no WAC 182-512-0190.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Health care authority, governmental.
Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, P.O. Box 42716, Olympia, WA 98504-2176 [98504-2716], (360) 725-1344; Implementation and Enforcement: Stephen Kozak, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1343.
September 30, 2014
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-07-059, filed 3/14/14, effective 4/14/14)
WAC 182-512-0795 SSI-related medical—Budgeting a sponsor's income.
(1) The agency counts some of the income of a person's sponsor as unearned income to the medical assistance unit (MAU) if:
(a) The sponsor signed the U.S. Citizenship and Immigration Services (USCIS) Affidavit of Support form I-864 or I-864A; and
(b) The person is not exempt from the deeming process in WAC ((182-512-0190)) 182-512-0790.
(2) The agency determines the amount of income that must be deemed from the sponsor by taking the following steps:
(a) Add together all of the sponsor's earned and unearned income that is not excluded under WAC 182-512-0860;
(b) Add all of the spouse's earned and unearned income that is not excluded under WAC 182-512-0860;
(c) Subtract an allocation for the sponsor equal to the one-person federal benefit rate (FBR);
(d) Subtract an allocation for the sponsor's spouse as follows:
(i) If the spouse is also a cosponsor of the noncitizen, allow an allocation equal to the one-person FBR; or
(ii) If the spouse is not a cosponsor but lived in the same household as the sponsor, allow an allocation equal to one-half of the FBR.
(e) Subtract an allocation equal to one-half FBR for each dependent of the sponsor. The dependent's income is not subtracted from the sponsor's dependent's allocation; and
(f) The income remaining is deemed as unearned income to the noncitizen and is added to the noncitizen's own income.
(3) If the sponsor has sponsored other noncitizens, all of the sponsor's income is deemed to each person that they sponsored and is not divided between them.
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