WSR 15-18-010
(Washington Apple Health)
[Filed August 21, 2015, 10:59 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-051.
Title of Rule and Other Identifying Information: WAC 182-540-022 Kidney disease program (KDP)Income eligibility.
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 or directions can be obtained by calling (360) 725-1000), on October 6, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than October 7, 2015.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail, fax (360) 586-9727, by October 6, 2015.
Assistance for Persons with Disabilities: Contact Amber Lougheed by October 2, 2015, TTY (800) 848-5429 or (360) 725-1349 or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending this rule to ensure that clients who receive cost of living adjustments (COLAs) to their Social Security benefits remain eligible for KDP.
Reasons Supporting Proposal: In some cases, a COLA puts client[s] slightly above the KDP income limit. This amendment will exempt Social Security benefit COLAs and the first $20 of monthly unearned income from KDP eligibility, consistent with SSI-related medical rules. The agency is also making some housekeeping changes to this rule.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Melinda Froud, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1408; Implementation and Enforcement: Mary Hughes, P.O. Box 45500, Olympia, WA 98504-5500, (360) 725-0469.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed filing does not impose a disproportionate cost impact on small businesses or nonprofits.
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 21, 2015
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-23-065, filed 11/18/13, effective 1/1/14)
WAC 182-540-022 Kidney disease program (KDP)Income eligibility.
(1) A household must have ((net)) countable income at or below two hundred twenty percent of the federal poverty level ((in order)) for a person to be eligible for the kidney disease program (KDP). See WAC 182-540-021 to determine who must be included in the household and whose income counts.
(2) The KDP contractor ((makes the determination of)) determines the household's income based upon the information reported in the KDP application and may request additional verification if the information in the application is not clear. A KDP applicant must provide verification of all household income (and expenses, if self-employed) to the KDP contractor ((in order for eligibility for KDP to be determined)) for a KDP eligibility determination.
(3) The ((following income is not counted)) agency does not count the following income:
(a) The first twenty dollars per month of unearned income for the entire household;
(b) Cost-of-living adjustments (COLAs) to Social Security disability benefits and supplemental security income (SSI) benefits that take effect in the calendar year of a KDP eligibility determination and any subsequent COLAs to these benefits received by:
(i) The applicant;
(ii) The applicant's spouse; or
(iii) Other family members included in the household size.
(c) Fifty percent of the gross earned income of any person included in the household size;
(((b))) (d) Income received by a dependent child age eighteen ((years of age and)) or younger who is not included in the household size; or
(((c))) (e) Any income source which is specifically excluded by federal law.
(4) The agency follows rules for SSI-related ((medicaid)) medical described in chapter 182-512 WAC to determine what income types count when determining eligibility for KDP.