WSR 25-08-065
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed April 1, 2025, 11:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-23-101.
Title of Rule and Other Identifying Information: WAC 182-503-0010 Washington apple health—Who may apply, 182-503-0070 Washington apple health—When coverage begins, and 182-503-0505 Washington apple health—General eligibility requirement.
Hearing Location(s): On May 6, 2025, at 10:00 a.m. The health care authority (HCA) holds public hearings virtually without a physical meeting place. To attend the virtual public hearing, you must register in advance at https://us02web.zoom.us/webinar/register/WN_RCfDWUhRTr-ZDz9AIxUzTA.
If the link above opens with an error message, please try using a different browser. After registering, you will receive a confirmation email containing information about joining the public hearing.
Date of Intended Adoption: Not sooner than May 7, 2025.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, beginning April 2, 2025, 8:00 a.m., by May 6, 2025, 11:59 p.m.
Assistance for Persons with Disabilities: Contact Johanna Larson, phone 360-725-1349, fax 360-586-9727, telecommunication relay service 711, email Johanna.Larson@hca.wa.gov, by April 25, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Under Washington's medicaid transformation project 2.0 in accordance with Section 1115(a) of the Social Security Act, HCA is amending these sections to allow eligibility for reentry services before the beneficiary's expected date of release. HCA filed proposed rules for the reentry services in new chapter 182-563 WAC under WSR 25-08-063.
Reasons Supporting Proposal: See purpose.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Jason Crabbe, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9563; Implementation and Enforcement: Tamara Bobrovytska, P.O. Box 42722, Olympia, WA 98504-2722, 360-725-1775.
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.
Scope of exemption for rule proposal from Regulatory Fairness Act requirements:
Is not exempt.
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 applies to client program eligibility and does not impact small businesses.
April 1, 2025
Wendy Barcus
Rules Coordinator
RDS-6183.1
AMENDATORY SECTION(Amending WSR 20-01-117, filed 12/16/19, effective 1/16/20)
WAC 182-503-0010Washington apple health—Who may apply.
(1) You may apply for Washington apple health for yourself.
(2) You may apply for apple health for another person if you are:
(a) A legal guardian;
(b) An authorized representative (as described in WAC 182-503-0130);
(c) A parent or caretaker relative of a child age 18 or younger;
(d) A tax filer applying for a tax dependent;
(e) A spouse; or
(f) A person applying for someone who is unable to apply on their own due to a ((medical))health condition and who ((is in need of))needs long-term care services.
(3) If you reside in an institution of mental diseases (as defined in WAC 182-500-0050(1)) or a public institution (as defined in WAC 182-500-0050(4)), including a Washington state department of corrections facility, city((
, tribal,)) or county jail,
tribal jail, juvenile confinement facility, or secure community transition ((
facility)) or total confinement facility (as defined in RCW
71.09.020), you, your representative, or the facility may apply for you to get the apple health coverage for which you are determined eligible.
(4) You are automatically enrolled in apple health and do not need to ((submit an application))apply if you are a:
(a) Supplemental security income (SSI) recipient;
(b) Person deemed to be an SSI recipient under 1619(b) of the SSA;
(c) Newborn as described in WAC 182-505-0210; or
(d) Child in foster care placement as described in WAC 182-505-0211.
(5) You are the primary applicant on an application if you complete and sign the application on behalf of your household.
(6) If you are an SSI recipient, then you, your authorized representative as defined in WAC 182-500-0010, or another person applying on your behalf as described in subsection (2) of this section, must turn in a signed application to apply for long-term care services as described in WAC 182-513-1315.
AMENDATORY SECTION(Amending WSR 14-16-052, filed 7/29/14, effective 8/29/14)
WAC 182-503-0070Washington apple health (((WAH)))—When coverage begins.
(1) Your Washington apple health (((WAH))) coverage starts on the first day of the month you applied for and we decided you are eligible to receive coverage, unless one of the exceptions in subsection (4) of this section applies to you.
(2) Sometimes we can start your coverage up to three months before the month you applied (see WAC 182-504-0005).
(3) If you are confined or incarcerated as described in WAC 182-503-0010, your coverage cannot start before the day you are discharged, except when:
(a) You are hospitalized during your confinement((;)) and (((b)))the hospital requires you to stay overnight; or
(b) You are determined to be eligible for prerelease reentry services.
(4) Your ((WAH))Washington apple health coverage may not begin on the first day of the month if:
(a) Subsection (3) of this section applies to you. In that case, your coverage would start on:
(i) The first day of your hospital stay; or
(ii) When you are determined to be eligible for prerelease reentry services;
(b) You must meet a medically needy spenddown liability (see WAC 182-519-0110). In that case, your coverage would start on the day your spenddown is met; or
(c) You are eligible under the ((WAH))Washington apple health alien emergency medical program (see WAC 182-507-0115). In that case, your coverage would start on the day your emergent hospital stay begins.
(5) For long-term care, the date your services start is described in WAC 388-106-0045.
AMENDATORY SECTION(Amending WSR 19-08-029, filed 3/27/19, effective 4/27/19)
WAC 182-503-0505Washington apple health—General eligibility requirements.
(1) When you apply for Washington apple health programs established under chapter
74.09 RCW, you must meet the eligibility criteria in chapters 182-500 through 182-527 WAC.
(2) When you apply for apple health, we first consider you for federally funded or federally matched programs. We consider you for state-funded programs after we have determined that you are ineligible for federally funded and federally matched programs.
(3) Unless otherwise specified in a program-specific WAC, the eligibility criteria for each program are as follows:
(a) Age (WAC 182-503-0050);
(b) Residence in Washington state (WAC 182-503-0520 and 182-503-0525);
(c) Citizenship or immigration status in the United States (WAC 182-503-0535);
(d) Possession of a valid Social Security account number (WAC 182-503-0515);
(e) Assignment of medical support rights to the state of Washington (WAC 182-503-0540);
(f) Application for medicare and enrollment into medicare's prescription drug program if:
(i) You are likely entitled to medicare; and
(ii) We have authority to pay medicare cost sharing as described in chapter 182-517 WAC.
(g) If your eligibility is not based on modified adjusted gross income (MAGI) methodology, your countable resources must be within specific program limits (chapters 182-512, 182-513, 182-515, 182-517, and 182-519 WAC); and
(h) Countable income within program limits:
(i) For MAGI-based programs, see WAC 182-505-0100;
(ii) For the refugee program, see WAC 182-507-0130;
(iii) For the medical care services program, see WAC 182-508-0005;
(iv) For the health care for workers with disabilities (HWD) program, see WAC 182-511-1000;
(v) For the SSI-related program, see WAC 182-512-0010;
(vi) For long-term care programs, see chapters 182-513 and 182-515 WAC;
(vii) For medicare savings programs, see WAC 182-517-0100; and
(viii) For the medically needy program, see WAC 182-519-0050.
(4) In addition to the general eligibility requirements in subsection (3) of this section, each program has specific eligibility requirements as described in applicable WAC.
(5) If you are in a public institution, including a correctional facility, you are not eligible for full scope apple health coverage, except in the following situations:
(a) If you are age 21 or younger or age 65 or older and are a patient in an institution for mental disease (see WAC 182-513-1317(5)); or
(b) You receive inpatient hospital services outside of the public institution or correctional facility.
(6) We limit coverage for people who become residents in a public institution, under subsection (5) of this section, until they are determined to be eligible for prerelease reentry services or released.
(7) If you are terminated from SSI or lose eligibility for categorically needy (CN) or alternative benefits plan (ABP) coverage, you receive coverage under the apple health program with the highest scope of care for which you may be eligible while we determine your eligibility for other health care programs. See WAC 182-504-0125.