WSR 23-14-072
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed June 29, 2023, 6:55 a.m., effective July 30, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency amended this rule to remove the website link referencing where the qualified medicare beneficiary (QMB) resource standards for an individual and a couple are listed. Under recent legislation, ESSB 5693, section 205(26), chapter 297, Laws of 2022, countable resources are no longer required for other eligibility programs. As a result, the health care authority (HCA) removed the QMB resource standards chart from its website. There is still a resource standard for the kidney disease program (KDP) and since QMB no longer has a resource standard as of January 1, 2023, HCA amended the rule to include that the KDP resource standard is based on the federal low-income subsidy program with a hyperlink to HCA's program standard for income and resources website.
Citation of Rules Affected by this Order: Amending WAC 182-540-030.
Adopted under notice filed as WSR 23-11-123 on May 22, 2023.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 29, 2023.
Wendy Barcus
Rules Coordinator
OTS-4458.2
AMENDATORY SECTION(Amending WSR 16-01-033, filed 12/8/15, effective 1/8/16)
WAC 182-540-030Kidney disease program (KDP)—Resource eligibility.
(1) The person's household must have countable resources at or below the limits established ((for the qualified medicare beneficiary (QMB)))in the federal low-income subsidy (LIS) program for the person to be eligible for the kidney disease program. ((QMB resource standards for an individual and a couple are listed at: http://www.hca.wa.gov/medicaid/eligibility/pages/standards.aspx.))LIS resource standards are listed at https://www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/program-standard-income-and-resources.
(2) See WAC 182-540-021 to determine who must be included in the household when making a determination of whose resources count.
(3) The following resources are not counted:
(a) A home, defined as real property owned by a client as their principal place of residence together with surrounding and contiguous property;
(b) Household furnishings;
(c) One burial plot per household member or irrevocable burial plans with a mortuary;
(d) Up to ((one thousand five hundred dollars))$1,500 for a person or ((three thousand dollars))$3,000 for a couple set aside in a revocable burial account;
(e) Any resource which is specifically excluded by federal law.
(4) The agency follows rules for SSI-related medicaid determinations described in WAC 182-512-0200 through 182-512-0550 when determining whether any other resources are countable with the exception of subsection (5) of this section.
(5) The agency follows rules in chapter 182-516 WAC when a person owns a trust, an annuity, or a life estate.