WSR 19-03-050
EXPEDITED RULES
HEALTH CARE AUTHORITY
[Filed January 9, 2019, 10:06 a.m.]
Title of Rule and Other Identifying Information: WAC 182-511-1150 Health care for workers with disabilities (HWD)—Disability requirements.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending this rule to replace incorrect references to the developmental disabilities administration with the correct program name of division of disability determination services.
Reasons Supporting Proposal: See purpose section above.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Health care authority (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: Dody McAlpine, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-9964.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The only amendment to this rule is to provide the correct name of the department of social and health services department that makes the HWD determinations. This correction does not alter the effect of the rule, and RCW
34.05.353 (1)(c) allows this type of change.
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 Wendy Barcus, Rules Coordinator, HCA, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1306, fax 360-586-9727, email arc@hca.wa.gov, AND RECEIVED BY March 26, 2019.
January 8, 2019
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-14-080, filed 6/29/15, effective 7/30/15)
WAC 182-511-1150Health care for workers with disabilities (HWD)—Disability requirements.
This section describes the disability requirements for the two groups of individuals that may qualify for the health care for workers with disabilities (HWD) program.
(1) To qualify for the HWD program, a person must meet the requirements of the Social Security Act in section 1902 (a)(10)(A)(ii):
(a) (XV) for the basic coverage group (BCG); or
(b) (XVI) for the medical improvement group (MIG).
(2) The BCG consists of individuals who:
(a) Meet federal disability requirements for the supplemental security income (SSI) or Social Security Disability Insurance (SSDI) program; or
(b) Are determined by the ((developmental disabilities administration (DDA)))department of social and health services, division of disability determination services (DDDS), to meet federal disability requirements for the HWD program.
(3) The MIG consists of individuals who:
(a) Were previously eligible and approved for the HWD program as a member of the BCG; and
(b) Are determined by DDDS to have a medically improved disability. The term "medically improved disability" refers to the particular status granted to persons described in subsection (1)(b).
(4) When completing a disability determination for the HWD program, ((DDA))DDDS will not deny disability status because of employment.