PDFWAC 182-513-1215

Community first choice (CFC)—Eligibility.

(1) A client who is determined functionally eligible for community first choice (CFC) services under WAC 388-106-0270 through 388-106-0295 is financially eligible to receive CFC services if the client is:
(a) Eligible for a noninstitutional Washington apple health (medicaid) program which provides categorically needy (CN) or alternative benefits plan (ABP) scope of care;
(b) Through September 30, 2023, a spousal impoverishment protections institutional (SIPI) spouse under WAC 182-513-1220; or
(c) Determined eligible for a home and community based (HCB) waiver program under chapter 182-515 WAC.
(2) A client whose only coverage is through one of the following programs is not eligible for CFC:
(a) Medically needy program under WAC 182-519-0100;
(b) Premium-based children's program under WAC 182-505-0215;
(c) Medicare savings programs under WAC 182-517-0300;
(d) Family planning program under WAC 182-505-0115;
(e) Take charge program under WAC 182-532-0720;
(f) Medical care services program under WAC 182-508-0005;
(g) Pregnant minor program under WAC 182-505-0117;
(h) Alien emergency medical program under WAC 182-507-0110 through 182-507-0120;
(i) State-funded long-term care (LTC) for noncitizens program under WAC 182-507-0125; or
(j) Kidney disease program under chapter 182-540 WAC.
(3) Transfer of asset penalties under WAC 182-513-1363 do not apply to CFC applicants, unless the client is applying for long-term services and supports (LTSS) that are available only through one of the HCB waivers under chapter 182-515 WAC.
(4) Home equity limits under WAC 182-513-1350 do apply.
(5) Post-eligibility treatment of income rules do not apply if the client is eligible under subsection (1)(a) or (b) of this section.
(6) Clients eligible under subsection (1)(a) or (b) of this section, who reside in an alternate living facility (ALF):
(a) Keep a personal needs allowance (PNA) under WAC 182-513-1105; and
(b) Pay up to the room and board standard under WAC 182-513-1105 except when CN eligibility is based on the rules under WAC 182-513-1205.
(7) A client who receives CFC services under the health care for workers with disabilities (HWD) program under chapter 182-511 WAC must pay the HWD premium in addition to room and board under WAC 182-513-1105, if residing in an ALF.
(8) Post-eligibility treatment of income rules do apply if a client is eligible under subsection (1)(c) of this section.
(9) A client may have to pay third-party resources as defined under WAC 182-513-1100 in addition to the room and board and participation.
(10) PNA, MNIL, and room and board standards are found at www.hca.wa.gov/health-care-services-supports/program-standard-income-and-resources.
[Statutory Authority: RCW 41.05.021, 41.05.160 and Consolidated Appropriations Act of 2021, H.R. 133, Division CC, Title II, Sec. 204 (b)(1)(A) and Sec. 205. WSR 21-10-051, § 182-513-1215, filed 4/29/21, effective 5/30/21. Statutory Authority: RCW 41.05.021, 41.05.160 and P.L. 111–148, Title II, § 2404. WSR 18-06-031, § 182-513-1215, filed 2/28/18, effective 3/31/18. Statutory Authority: RCW 41.05.021, 41.05.160, 2017 c 270. WSR 17-23-039, § 182-513-1215, filed 11/8/17, effective 1/1/18. Statutory Authority: RCW 41.05.021, 41.05.160, P.L. 111-148, 42 C.F.R. §§ 431, 435, and 457, and 45 C.F.R. § 155. WSR 17-03-116, § 182-513-1215, filed 1/17/17, effective 2/17/17.]