WSR 15-07-064 PERMANENT RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed March 16, 2015, 2:03 p.m., effective April 16, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule amendment explains how transferred resources are considered to be resources available, and references other rules which may exclude these resources from eligibility determinations.
Citation of Existing Rules Affected by this Order: Amending WAC 182-512-0250.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Adopted under notice filed as WSR 15-04-133 on February 4, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 16, 2015.
Jason R. P. Crabbe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-07-059, filed 3/14/14, effective 4/14/14)
WAC 182-512-0250 SSI-related medical—Ownership and availability of resources.
(1) The agency considers personal ((or)) and real property to be available to a Washington apple health (WAH) applicant or recipient if the applicant or recipient:
(a) Owns the property;
(b) Has the authority to convert the property into cash;
(c) Can expect to convert the property to cash within twenty working days; and
(d) May legally use the property for ((his/her)) his or her support.
(2) The agency counts the resources of financially responsible persons (as defined in WAC 182-506-0010) who live in the home even if those persons do not receive WAH coverage.
(3) For long-term care (LTC) services, cash and other resources transferred by a WAH applicant or recipient or his or her spouse to another to pay for the WAH applicant or recipient's LTC services are considered resources available to the applicant or recipient unless otherwise excluded in this chapter, chapter 182-513 WAC, or chapter 182-516 WAC.
(4) A resource is considered available on the first day of the month following the month of receipt unless a rule about a specific type of resource provides for a different time period.
(((4))) (5) A resource((, which)) that ordinarily cannot be converted to cash within twenty working days((,)) is considered unavailable as long as a reasonable effort is being made to convert the resource to cash.
(((5))) (6) A person may provide evidence showing that a resource is unavailable. A resource is not counted if the person shows sufficient evidence that the resource is unavailable.
(((6))) (7) We do not count the resources of victims of family violence, as defined in WAC 388-452-0010, when:
(a) The resource is owned jointly with members of the former household;
(b) Availability of the resource depends on an agreement of the joint owner; or
(c) Making the resource available would place the person at risk of harm.
(((7))) (8) The value of a resource is its fair market value minus encumbrances.
(((8))) (9) Refer to WAC 182-512-0260 to consider additional resources when an alien has a sponsor.
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