WSR 20-14-113
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed July 1, 2020, 8:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-06-063.
Title of Rule and Other Identifying Information: WAC 182-503-0055 Asset verification system.
Hearing Location(s): On August 4, 2020, at 10:00 a.m.
In response to the governor's extended orders for Stay Home, Stay Safe, this public hearing will be held virtually. This will not be an in-person hearing and there is not a physical location available.
You must register for the public hearing at https://attendee.gotowebinar.com/register/6612710727511728397.
After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: Not sooner than August 5, 2020.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by August 4, 2020.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication[s] relay services 711, email amber.lougheed@hca.wa.gov, by July 24, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is revising subsection (4) to clarify who may authorize for asset verification. Added subsection (4)(c) to clarify the agency may grant an exception to rule if authorization is not provided.
Reasons Supporting Proposal: See purpose.
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: Valerie Freudenstein, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1344; Implementation and Enforcement: Mark Westenhaver, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-1324.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule pertains to clients and therefore does not impose any costs on businesses.
July 1, 2020
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-21-007, filed 10/3/19, effective 11/3/19)
WAC 182-503-0055Asset verification system.
(1) This rule implements the asset verification system (AVS) outlined in section 1940 of the Social Security Act.
(2) This rule applies to any client, or those financially responsible for them, who is subject to:
(a) The disclosure of resources, as defined in WAC 182-512-0200, to determine eligibility; or
(b) Provisions related to the transfer of assets, as described in WAC 182-513-1363.
(3) For the purposes of this section:
(a) "Financial institution" means the same as defined in section 1101 of the Right to Financial Privacy Act, and may include, but is not limited to:
(i) Banks; or
(ii) Credit unions.
(b) "Financial record" means any record held by a financial institution pertaining to a customer's relationship with the financial institution; and
(c) "Financial responsibility" is described in WAC 182-506-0015.
(4) You and any other financially responsible people must provide authorization for us to obtain any financial record held by a financial institution.
(a) For you, the authorization may be provided by anyone described in WAC 182-503-0010 (1) and (2)(a), (b), or (c), except in the case of an authorized representative who must be designated by the client.
(b) For a financially responsible spouse, authorization may be provided by the spouse, their legal guardian, or their attorney-in-fact.
(c) The agency may grant an exception to rule as described in WAC 182-503-0090 if authorization is not provided by those listed in (a) and (b) of this subsection.
(5) The authorization, provided under subsection (4) of this section, will remain in effect until one of the following occurs:
(a) Your application for apple health is denied;
(b) Your eligibility for apple health is terminated; or
(c) You revoke your authorization in a written notification to us.
(6) We will:
(a) Use the authorization provided under subsection (4) of this section to electronically verify your financial records and those of any other financially responsible person to determine or renew your eligibility for apple health; or
(b) Inform you in writing at the time of application and renewal that we will obtain and use information available through AVS to determine your eligibility for apple health.