WSR 15-21-001 PERMANENT RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed October 8, 2015, 7:50 a.m., effective November 8, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency is amending this rule to ensure that clients who receive cost-of-living adjustments (COLA) to their Social Security benefits remain eligible for the kidney disease program (KDP). In some cases, a COLA puts clients 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.
Citation of Existing Rules Affected by this Order: Amending WAC 182-540-022.
Adopted under notice filed as WSR 15-18-010 on August 21, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 8, 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.
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