WSR 14-24-102 PERMANENT RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed December 2, 2014, 10:48 a.m., effective January 2, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: 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.
Citation of Existing Rules Affected by this Order: Amending WAC 182-512-0795.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Adopted under notice filed as WSR 14-20-112 on September 30, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 2, 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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