BILL REQ. #: H-2636.2
State of Washington | 63rd Legislature | 2013 1st Special Session |
READ FIRST TIME 06/06/13.
AN ACT Relating to continuation of safety net benefits for persons determined to have a physical or mental disability which makes them eligible for the aged, blind, and disabled program under RCW 74.62.030 or the essential needs and housing program under RCW 43.185C.220; amending RCW 74.62.030, 43.185C.220, and 43.185C.230; reenacting and amending RCW 74.09.510, 74.09.035, and 74.09.010; adding a new section to chapter 74.04 RCW; creating a new section; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 74.62.030 and 2011 1st sp.s. c 36 s 3 are each amended
to read as follows:
(1)(a) Effective November 1, 2011, the aged, blind, or disabled
assistance program shall provide financial grants to persons in need
who:
(i) Are not eligible to receive federal aid assistance, other than
basic food benefits transferred electronically and medical assistance;
(ii) Meet the eligibility requirements of subsection (3) of this
section; and
(iii) Are aged, blind, or disabled. For purposes of determining
eligibility for assistance for the aged, blind, or disabled assistance
program, the following definitions apply:
(A) "Aged" means age sixty-five or older.
(B) "Blind" means statutorily blind as defined for the purpose of
determining eligibility for the federal supplemental security income
program.
(C) "Disabled" means a bodily or mental infirmity that will (I)
likely continue for a minimum of nine months; (II) prevent the
individual from currently performing work that the individual was able
to perform as a substantial gainful activity within the prior ten
years; and (III) is otherwise likely to meet the federal supplemental
security income disability standard as determined by the department.
In making this determination, the department should give full
consideration to the cumulative impact of an applicant's multiple
impairments, an applicant's age, and vocational and educational
history.
In determining whether a person is disabled, the department may
rely on, but is not limited to, the following:
(I) A previous disability determination by the social security
administration or the disability determination service entity within
the department; or
(II) A determination that an individual is eligible to receive
optional categorically needy medicaid as a disabled person under the
federal regulations at 42 C.F.R. Parts 435, Secs. 201(a)(3) and 210.
(b) The following persons are not eligible for the aged, blind, or
disabled assistance program:
(i) Persons who are not able to engage in gainful employment due
primarily to alcohol or drug addiction. These persons shall be
referred to appropriate assessment, treatment, shelter, or supplemental
security income referral services as authorized under chapter 74.50
RCW. Referrals shall be made at the time of application or at the time
of eligibility review. This subsection may not be construed to
prohibit the department from granting aged, blind, or disabled
assistance benefits to alcoholics and drug addicts who are
incapacitated due to other physical or mental conditions that meet the
eligibility criteria for the aged, blind, or disabled assistance
program; or
(ii) Persons for whom there has been a final determination of
ineligibility for federal supplemental security income benefits.
(c) Persons may receive aged, blind, or disabled assistance
benefits pending application for federal supplemental security income
benefits. The monetary value of any aged, blind, or disabled
assistance benefit that is subsequently duplicated by the person's
receipt of supplemental security income for the same period shall be
considered a debt due the state and shall by operation of law be
subject to recovery through all available legal remedies.
(2) Effective November 1, 2011, the pregnant women assistance
program shall provide financial grants to persons who:
(a) Are not eligible to receive federal aid assistance other than
basic food benefits or medical assistance; and
(b) Are pregnant and in need, based upon the current income and
resource standards of the federal temporary assistance for needy
families program, but are ineligible for federal temporary assistance
for needy families benefits for a reason other than failure to
cooperate in program requirements; and
(c) Meet the eligibility requirements of subsection (3) of this
section.
(3) To be eligible for the aged, blind, or disabled assistance
program under subsection (1) of this section or the pregnant women
assistance program under subsection (2) of this section, a person must:
(a) Be a citizen or alien lawfully admitted for permanent residence
or otherwise residing in the United States under color of law;
(b) Meet the income and resource standards described in section
2(1) (d) and (e) of this act;
(c) Have furnished the department his or her social security
number. If the social security number cannot be furnished because it
has not been issued or is not known, an application for a number shall
be made prior to authorization of benefits, and the social security
number shall be provided to the department upon receipt;
(((c))) (d) Not have ((not)) refused or failed without good cause
to participate in drug or alcohol treatment if an assessment by a
certified chemical dependency counselor indicates a need for such
treatment. Good cause must be found to exist when a person's physical
or mental condition, as determined by the department, prevents the
person from participating in drug or alcohol dependency treatment, when
needed outpatient drug or alcohol treatment is not available to the
person in the county of his or her residence or when needed inpatient
treatment is not available in a location that is reasonably accessible
for the person; and
(((d))) (e) Not have refused or failed to cooperate in obtaining
federal aid assistance, without good cause.
(4) Effective November 1, 2011, referrals for essential needs and
housing support under RCW 43.185C.220 shall be provided to persons
found eligible ((for medical care services under RCW 74.09.035 who are
not recipients of alcohol and addiction services provided under chapter
74.50 RCW or are not recipients of aged, blind, or disabled
assistance)) under section 2 of this act.
(5) No person may be considered an eligible individual for benefits
under this section with respect to any month if during that month the
person:
(a) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(b) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(((6) The department must review the cases of all persons, except
recipients of alcohol and addiction treatment under chapter 74.50 RCW,
or recipients of aged, blind, or disabled assistance, who have received
medical care services for twelve consecutive months, and at least
annually after the first review, to determine whether they are eligible
for the aged, blind, or disabled assistance program.))
NEW SECTION. Sec. 2 A new section is added to chapter 74.04 RCW
to read as follows:
(1) The department is responsible for determining eligibility for
referral for essential needs and housing support under RCW 43.185C.220.
Persons eligible are persons who:
(a) Are incapacitated from gainful employment by reason of bodily
or mental infirmity that will likely continue for a minimum of ninety
days. The standard for incapacity in this subsection, as evidenced by
the ninety-day duration standard, is not intended to be as stringent as
federal supplemental security income disability standards;
(b) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(c) Have furnished the department their social security number. If
the social security number cannot be furnished because it has not been
issued or is not known, an application for a number must be made prior
to authorization of benefits, and the social security number must be
provided to the department upon receipt;
(d) Have countable income as described in RCW 74.04.005 at or below
four hundred twenty-eight dollars for a married couple or at or below
three hundred thirty-nine dollars for a single individual;
(e) Do not have countable resources in excess of those described in
RCW 74.04.005; and
(f) Are not eligible for:
(i) The aged, blind, or disabled assistance program;
(ii) The pregnant women assistance program; or
(iii) Federal aid assistance, other than basic food benefits
transferred electronically and medical assistance.
(2) The following persons are not eligible for a referral for
essential needs and housing support:
(a) Persons who are unemployable due primarily to alcohol or drug
addiction, except as provided in subsection (3) of this subsection.
These persons must be referred to appropriate assessment, treatment,
shelter, or supplemental security income referral services as
authorized under chapter 74.50 RCW. Referrals must be made at the time
of application or at the time of eligibility review. This subsection
may not be construed to prohibit the department from making a referral
for essential needs and housing report for persons who have a substance
abuse addiction who are incapacitated due to other physical or mental
conditions that meet the eligibility criteria for a referral for
essential needs and housing support.
(b) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause;
(c) Persons who refuse or fail without good cause to participate in
drug or alcohol treatment if an assessment by a certified chemical
dependency counselor indicates a need for such treatment. Good cause
must be found to exist when a person's physical or mental condition, as
determined by the department, prevents the person from participating in
drug or alcohol dependency treatment, when needed outpatient drug or
alcohol treatment is not available to the person in the county of his
or her residence or when needed inpatient treatment is not available in
a location that is reasonably accessible for the person; and
(d) Persons who are fleeing to avoid prosecution of, or to avoid
custody or confinement for conviction of, a felony, or an attempt to
commit a felony, under the laws of the state of Washington or the place
from which the person flees; or who are violating a condition of
probation, community supervision, or parole imposed under federal or
state law for a felony or gross misdemeanor conviction.
(3) For purposes of determining whether a person is incapacitated
from gainful employment under subsection (1) of this section:
(a) The department shall adopt by rule medical criteria for
incapacity determinations to ensure that eligibility decisions are
consistent with statutory requirements and are based on clear,
objective medical information; and
(b) The process implementing the medical criteria must involve
consideration of opinions of the treating or consulting physicians or
health care professionals regarding incapacity, and any eligibility
decision which rejects uncontroverted medical opinion must set forth
clear and convincing reasons for doing so.
(4) For purposes of reviewing a person's continuing eligibility and
in order to remain eligible for the program, persons who have been
found to have an incapacity from gainful employment must demonstrate
that there has been no material improvement in their medical or mental
health condition. The department may discontinue benefits when there
was specific error in the prior determination that found the person
eligible by reason of incapacitation.
(5) The department must review the cases of all persons who have
received benefits under the essential needs and housing support program
for twelve consecutive months, and at least annually after the first
review, to determine whether they are eligible for the aged, blind, or
disabled assistance program.
Sec. 3 RCW 43.185C.220 and 2011 1st sp.s. c 36 s 4 are each
amended to read as follows:
(1) The department shall distribute funds for the essential needs
and housing support program established under this section in a manner
consistent with the requirements of this section and the biennial
operating budget. The first distribution of funds must be completed by
September 1, 2011. Essential needs or housing support is only for
persons found eligible for such services under ((RCW 74.62.030(4)))
section 2 of this act and is not considered an entitlement.
(2) The department shall distribute funds appropriated for the
essential needs and housing support program in the form of grants to
designated essential needs support and housing support entities within
each county. The department shall not distribute any funds until it
approves the expenditure plan submitted by the designated essential
needs support and housing support entities. The amount of funds to be
distributed pursuant to this section shall be designated in the
biennial operating budget. For the sole purpose of meeting the initial
distribution of funds date, the department may distribute partial funds
upon the department's approval of a preliminary expenditure plan. The
department shall not distribute the remaining funds until it has
approved a final expenditure plan.
(3)(a) During the 2011-2013 biennium, in awarding housing support
that is not funded through the contingency fund in this subsection, the
designated housing support entity shall provide housing support to
clients who are homeless persons as defined in RCW 43.185C.010. As
provided in the biennial operating budget for the 2011-2013 biennium,
a contingency fund shall be used solely for those clients who are at
substantial risk of losing stable housing or at substantial risk of
losing one of the other services defined in RCW 74.62.010(6). For
purposes of this chapter, "substantial risk" means the client has
provided documentation that he or she will lose his or her housing
within the next thirty days or that the services will be discontinued
within the next thirty days.
(b) After July 1, 2013, the designated housing support entity shall
give first priority to clients who are homeless persons as defined in
RCW 43.185C.010 and second priority to clients who would be at
substantial risk of losing stable housing without housing support.
(4) For each county, the department shall designate an essential
needs support entity and a housing support entity that will begin
providing these supports to medical care services program recipients on
November 1, 2011. Essential needs and housing support entities are not
required to provide assistance to every ((medical care services
recipient that is)) person referred to the local entity or who meets
the priority standards in subsection (3) of this section.
(a) Each designated entity must be a local government or
community-based organization, and may administer the funding for
essential needs support, housing support, or both. Designated entities
have the authority to subcontract with qualified entities. Upon
request, and the approval of the department, two or more counties may
combine resources to more effectively deliver services.
(b) The department's designation process must include a review of
proficiency in managing housing or human services programs when
designating housing support entities.
(c) Within a county, if the department directly awards separate
grants to the designated housing support entity and the designated
essential needs support entity, the department shall determine the
amount allocated for essential needs support as directed in the
biennial operating budget.
(5)(a) Essential needs and housing support entities must use funds
distributed under this section as flexibly as is practicable to provide
essential needs items and housing support to recipients of the
essential needs and housing support program, subject to the
requirements of this section.
(b) Benefits provided under the essential needs and housing support
program shall not be provided to recipients in the form of cash
assistance.
(c) The appropriations by the legislature for the purposes of the
essential needs and housing support program established under this
section shall be based on forecasted program caseloads. The caseload
forecast council shall provide a courtesy forecast of the ((medical
care services recipient)) population eligible for a referral for
essential needs and housing support that is homeless or is included in
reporting under subsection (7)(c)(iii) of this section. The department
may move funds between entities or between counties to reflect actual
caseload changes. In doing so, the department must: (i) Develop a
process for reviewing the caseload of designated essential needs and
housing support entities, and for redistributing grant funds from those
entities experiencing reduced actual caseloads to those with increased
actual caseloads; and (ii) inform all designated entities of the
redistribution process. Savings resulting from program caseload
attrition from the essential needs and housing support program shall
not result in increased per-client expenditures.
(d) Essential needs and housing support entities must partner with
other public and private organizations to maximize the beneficial
impact of funds distributed under this section, and should attempt to
leverage other sources of public and private funds to serve essential
needs and housing support recipients. Funds appropriated in the
operating budget for essential needs and housing support must be used
only to serve persons eligible to receive services under that program.
(6) The department shall use no more than five percent of the funds
for administration of the essential needs and housing support program.
Each essential needs and housing support entity shall use no more than
seven percent of the funds for administrative expenses.
(7) The department shall:
(a) Require housing support entities to enter data into the
homeless client management information system;
(b) Require essential needs support entities to report on services
provided under this section;
(c) In collaboration with the department of social and health
services, submit a report annually to the relevant policy and fiscal
committees of the legislature. A preliminary report shall be submitted
by December 31, 2011, and must include (c)(i), (iii), and (v) of this
subsection. Annual reports must be submitted beginning December 1,
2012, and must include:
(i) A description of the actions the department has taken to
achieve the objectives of chapter 36, Laws of 2011 1st sp. sess.;
(ii) The amount of funds used by the department to administer the
program;
(iii) Information on the housing status of essential needs and
housing support recipients served by housing support entities, and
individuals who have requested housing support but did not receive
housing support;
(iv) Grantee expenditure data related to administration and
services provided under this section; and
(v) Efforts made to partner with other entities and leverage
sources or public and private funds;
(d) Review the data submitted by the designated entities, and make
recommendations for program improvements and administrative
efficiencies. The department has the authority to designate
alternative entities as necessary due to performance or other
significant issues. Such change must only be made after consultation
with the department of social and health services and the impacted
entity.
(8) The department, counties, and essential needs and housing
support entities are not civilly or criminally liable and may not have
any penalty or cause of action of any nature arise against them related
to decisions regarding: (a) The provision or lack of provision of
housing or essential needs support; or (b) the type of housing
arrangement supported with funds allocated under this section, when the
decision was made in good faith and in the performance of the powers
and duties under this section. However, this section does not prohibit
legal actions against the department, county, or essential needs or
housing support entity to enforce contractual duties or obligations.
Sec. 4 RCW 43.185C.230 and 2011 1st sp.s. c 36 s 5 are each
amended to read as follows:
The department, in collaboration with the department of social and
health services, shall develop a mechanism through which the department
and local governments or community-based organizations can verify a
person has been determined eligible by the department of social and
health services and remains eligible for ((medical care services under
RCW 74.09.035 by the department of social and health services)) the
essential needs and housing support program.
Sec. 5 RCW 74.09.510 and 2011 1st sp.s. c 36 s 9 and 2011 1st
sp.s. c 15 s 25 are each reenacted and amended to read as follows:
Medical assistance may be provided in accordance with eligibility
requirements established by the authority, as defined in the social
security Title XIX state plan for mandatory categorically needy persons
and:
(1) Individuals who would be eligible for cash assistance except
for their institutional status;
(2) Individuals who are under twenty-one years of age, who would be
eligible for medicaid, but do not qualify as dependent children and who
are in (a) foster care, (b) subsidized adoption, (c) a nursing facility
or an intermediate care facility for persons with intellectual
disabilities, or (d) inpatient psychiatric facilities;
(3) Individuals who:
(a) Are under twenty-one years of age;
(b) On or after July 22, 2007, were in foster care under the legal
responsibility of the department or a federally recognized tribe
located within the state; and
(c) On their eighteenth birthday, were in foster care under the
legal responsibility of the department or a federally recognized tribe
located within the state;
(4) Persons who are aged, blind, or disabled who: (a) Receive only
a state supplement, or (b) would not be eligible for cash assistance if
they were not institutionalized;
(5) Categorically eligible individuals who meet the income and
resource requirements of the cash assistance programs;
(6) Individuals who are enrolled in managed health care systems,
who have otherwise lost eligibility for medical assistance, but who
have not completed a current six-month enrollment in a managed health
care system, and who are eligible for federal financial participation
under Title XIX of the social security act;
(7) Children and pregnant women allowed by federal statute for whom
funding is appropriated;
(8) Working individuals with disabilities authorized under section
1902(a)(10)(A)(ii) of the social security act for whom funding is
appropriated;
(9) Other individuals eligible for medical services under ((RCW
74.09.035 based on age, blindness, or disability and income and
resources standards for medical care services and)) RCW 74.09.700 for
whom federal financial participation is available under Title XIX of
the social security act;
(10) Persons allowed by section 1931 of the social security act for
whom funding is appropriated; and
(11) Women who: (a) Are under sixty-five years of age; (b) have
been screened for breast and cervical cancer under the national breast
and cervical cancer early detection program administered by the
department of health or tribal entity and have been identified as
needing treatment for breast or cervical cancer; and (c) are not
otherwise covered by health insurance. Medical assistance provided
under this subsection is limited to the period during which the woman
requires treatment for breast or cervical cancer, and is subject to any
conditions or limitations specified in the omnibus appropriations act.
Sec. 6 RCW 74.09.035 and 2011 1st sp.s. c 36 s 6 and 2011 1st
sp.s. c 15 s 3 are each reenacted and amended to read as follows:
(1) To the extent of available funds, medical care services may be
provided to:
(a) ((Persons who:)) Persons eligible for the aged, blind, or disabled assistance
program authorized in RCW 74.62.030 and who are not eligible for
medicaid under RCW 74.09.510; and
(i) Are incapacitated from gainful employment by reason of bodily
or mental infirmity that will likely continue for a minimum of ninety
days as determined by the department. The standard for incapacity in
this subsection, as evidenced by the ninety-day duration standard, is
not intended to be as stringent as federal supplemental security income
disability standards;
(ii) Are citizens or aliens lawfully admitted for permanent
residence or otherwise residing in the United States under color of
law;
(iii) Have furnished the department their social security number.
If the social security number cannot be furnished because it has not
been issued or is not known, an application for a number shall be made
prior to authorization of benefits, and the social security number
shall be provided to the department upon receipt;
(iv) Have countable income as described in RCW 74.04.005 at or
below four hundred twenty-eight dollars for a married couple or at or
below three hundred thirty-nine dollars for a single individual; and
(v) Do not have countable resources in excess of those described in
RCW 74.04.005.
(b)
(b) Persons eligible for essential needs and housing support under
section 2 of this act and who are not eligible for medicaid under RCW
74.09.510.
(((c) Persons eligible for alcohol and drug addiction services
provided under chapter 74.50 RCW, in accordance with medical
eligibility requirements established by the department.))
(d) The following persons are not eligible for medical care
services:
(i) Persons who are unemployable due primarily to alcohol or drug
addiction, except as provided in (c) of this subsection. These persons
shall be referred to appropriate assessment, treatment, shelter, or
supplemental security income referral services as authorized under
chapter 74.50 RCW. Referrals shall be made at the time of application
or at the time of eligibility review. This subsection shall not be
construed to prohibit the department from granting medical care
services benefits to alcoholics and drug addicts who are incapacitated
due to other physical or mental conditions that meet the eligibility
criteria for medical care services;
(ii) Persons who refuse or fail to cooperate in obtaining federal
aid assistance, without good cause;
(iii) Persons who refuse or fail without good cause to participate
in drug or alcohol treatment if an assessment by a certified chemical
dependency counselor indicates a need for such treatment. Good cause
must be found to exist when a person's physical or mental condition, as
determined by the department, prevents the person from participating in
drug or alcohol dependency treatment, when needed outpatient drug or
alcohol treatment is not available to the person in the county of his
or her residence or when needed inpatient treatment is not available in
a location that is reasonably accessible for the person; and
(iv) Persons who are fleeing to avoid prosecution of, or to avoid
custody or confinement for conviction of, a felony, or an attempt to
commit a felony, under the laws of the state of Washington or the place
from which the person flees; or who are violating a condition of
probation, community supervision, or parole imposed under federal or
state law for a felony or gross misdemeanor conviction.
(e) For purposes of determining whether a person is incapacitated
from gainful employment under (a) of this subsection:
(i) The department shall adopt by rule medical criteria for
incapacity determinations to ensure that eligibility decisions are
consistent with statutory requirements and are based on clear,
objective medical information; and
(ii) The process implementing the medical criteria shall involve
consideration of opinions of the treating or consulting physicians or
health care professionals regarding incapacity, and any eligibility
decision which rejects uncontroverted medical opinion must set forth
clear and convincing reasons for doing so.
(f) For purposes of reviewing a person's continuing eligibility and
in order to remain eligible for the program, persons who have been
found to have an incapacity from gainful employment must demonstrate
that there has been no material improvement in their medical or mental
health condition. The department may discontinue benefits when there
was specific error in the prior determination that found the person
eligible by reason of incapacitation.
(2) Enrollment in medical care services may not result in
expenditures that exceed the amount that has been appropriated in the
operating budget. If it appears that continued enrollment will result
in expenditures exceeding the appropriated level for a particular
fiscal year, the department may freeze new enrollment and establish a
waiting list of persons who may receive benefits only when sufficient
funds are available.
(3) Determination of the amount, scope, and duration of medical
care services shall be limited to coverage as defined by the authority,
except that adult dental, and routine foot care shall not be included
unless there is a specific appropriation for these services.
(4) The authority shall enter into performance-based contracts with
one or more managed health care systems for the provision of medical
care services under this section. The contract must provide for
integrated delivery of medical and mental health services.
(5) The authority shall establish standards of assistance and
resource and income exemptions, which may include deductibles and co-insurance provisions. In addition, the authority may include a
prohibition against the voluntary assignment of property or cash for
the purpose of qualifying for assistance.
(6) ((Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for persons with
intellectual disabilities, as that term is described by federal law,
who are eligible for medical care services shall be provided medical
services to the same extent as provided to those persons eligible under
the medical assistance program.)) Eligibility for medical care services shall commence with the
date of ((
(7)certification for medical care services, date of))
eligibility for the aged, blind, or disabled assistance program
provided under RCW 74.62.030((,)) or the date ((or)) of eligibility for
((alcohol and drug addiction services provided under chapter 74.50
RCW)) the essential needs and housing support program under section 2
of this act.
Sec. 7 RCW 74.09.010 and 2011 1st sp.s. c 15 s 2 and 2011 c 316
s 2 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Authority" means the Washington state health care authority.
(2) "Children's health program" means the health care services
program provided to children under eighteen years of age and in
households with incomes at or below the federal poverty level as
annually defined by the federal department of health and human services
as adjusted for family size, and who are not otherwise eligible for
medical assistance or the limited casualty program for the medically
needy.
(3) "Chronic care management" means the health care management
within a health home of persons identified with, or at high risk for,
one or more chronic conditions. Effective chronic care management:
(a) Actively assists patients to acquire self-care skills to
improve functioning and health outcomes, and slow the progression of
disease or disability;
(b) Employs evidence-based clinical practices;
(c) Coordinates care across health care settings and providers,
including tracking referrals;
(d) Provides ready access to behavioral health services that are,
to the extent possible, integrated with primary care; and
(e) Uses appropriate community resources to support individual
patients and families in managing chronic conditions.
(4) "Chronic condition" means a prolonged condition and includes,
but is not limited to:
(a) A mental health condition;
(b) A substance use disorder;
(c) Asthma;
(d) Diabetes;
(e) Heart disease; and
(f) Being overweight, as evidenced by a body mass index over
twenty-five.
(5) "County" means the board of county commissioners, county
council, county executive, or tribal jurisdiction, or its designee.
(6) "Department" means the department of social and health
services.
(7) "Department of health" means the Washington state department of
health created pursuant to RCW 43.70.020.
(8) "Director" means the director of the Washington state health
care authority.
(9) "Full benefit dual eligible beneficiary" means an individual
who, for any month: Has coverage for the month under a medicare
prescription drug plan or medicare advantage plan with part D coverage;
and is determined eligible by the state for full medicaid benefits for
the month under any eligibility category in the state's medicaid plan
or a section 1115 demonstration waiver that provides pharmacy benefits.
(10) "Health home" or "primary care health home" means coordinated
health care provided by a licensed primary care provider coordinating
all medical care services, and a multidisciplinary health care team
comprised of clinical and nonclinical staff. The term "coordinating
all medical care services" shall not be construed to require prior
authorization by a primary care provider in order for a patient to
receive treatment for covered services by an optometrist licensed under
chapter 18.53 RCW. Primary care health home services shall include
those services defined as health home services in 42 U.S.C. Sec. 1396w-4 and, in addition, may include, but are not limited to:
(a) Comprehensive care management including, but not limited to,
chronic care treatment and management;
(b) Extended hours of service;
(c) Multiple ways for patients to communicate with the team,
including electronically and by phone;
(d) Education of patients on self-care, prevention, and health
promotion, including the use of patient decision aids;
(e) Coordinating and assuring smooth transitions and follow-up from
inpatient to other settings;
(f) Individual and family support including authorized
representatives;
(g) The use of information technology to link services, track
tests, generate patient registries, and provide clinical data; and
(h) Ongoing performance reporting and quality improvement.
(11) "Internal management" means the administration of medical
assistance, medical care services, the children's health program, and
the limited casualty program.
(12) "Limited casualty program" means the medical care program
provided to medically needy persons as defined under Title XIX of the
federal social security act, and to medically indigent persons who are
without income or resources sufficient to secure necessary medical
services.
(13) "Medical assistance" means the federal aid medical care
program provided to categorically needy persons as defined under Title
XIX of the federal social security act.
(14) "Medical care services" means the limited scope of care
financed by state funds and provided to ((disability lifeline benefits
recipients, and recipients of alcohol and drug addiction services
provided under chapter 74.50 RCW)) persons who are not eligible for
medicaid under RCW 74.09.510 and who are eligible for the aged, blind,
or disabled assistance program authorized in RCW 74.62.030 or the
essential needs and housing support program pursuant to section 2 of
this act.
(15) "Multidisciplinary health care team" means an
interdisciplinary team of health professionals which may include, but
is not limited to, medical specialists, nurses, pharmacists,
nutritionists, dieticians, social workers, behavioral and mental health
providers including substance use disorder prevention and treatment
providers, doctors of chiropractic, physical therapists, licensed
complementary and alternative medicine practitioners, home care and
other long-term care providers, and physicians' assistants.
(16) "Nursing home" means nursing home as defined in RCW 18.51.010.
(17) "Poverty" means the federal poverty level determined annually
by the United States department of health and human services, or
successor agency.
(18) "Primary care provider" means a general practice physician,
family practitioner, internist, pediatrician, osteopath, naturopath,
physician assistant, osteopathic physician assistant, and advanced
registered nurse practitioner licensed under Title 18 RCW.
(19) "Secretary" means the secretary of social and health services.
NEW SECTION. Sec. 8 This act takes effect January 1, 2014, if
medicaid expansion coverage under the federal patient protection and
affordable care act of 2010 (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) is
available in Washington state January 1, 2014. If medicaid expansion
coverage is not available January 1, 2014, this act takes effect upon
the date that medicaid expansion coverage under the federal patient
protection and affordable care act of 2010 is available in Washington
state.
NEW SECTION. Sec. 9 The Washington state health care authority
must provide notice of the effective date of section 8 of this act to
affected parties, the chief clerk of the house of representatives, the
secretary of the senate, the office of the code reviser, and others as
deemed appropriate by the Washington state health care authority.