Date of Adoption: October 16, 2000.

Purpose: This amendment allows the department to exclude any increase in a family's resources when determining a family's continuing eligibility for medical assistance under Section 1931 of the Social Security Act.

Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0026.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530.

Other Authority: HB 2686.

Adopted under notice filed as WSR 00-17-054 on August 9, 2000.

Changes Other than Editing from Proposed to Adopted Version: Subsection (4) for the purposes of this section, family medical programs include the medical extension benefits as described in WAC 388-523-0100.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0. Effective Date of Rule: December 1, 2000.

October 16, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

"Continuously eligible" means, for the purposes of this chapter, eligible without a period of ineligibility of a calendar month or more since the date of receipt of any resources that would cause the client to exceed the resource limit of a family medical program.

     (1) The department does not count any increase in a client's resources when the increase is received while a client:

     (a) Is eligible for and receiving coverage under the family medical program; and

     (b) Remains continuously eligible for a family medical program.

     (2) The department will not count the resource increase for a client:

     (a) Who meets the requirement of subsection (1)(a) of this section;

     (b) Whose family medical program is terminated; and

     (c) Who is subsequently determined eligible for all months since the termination, which may include a retroactive period of up to three months.

     (3) The department counts the resource when the client is ineligible for a family medical program for a full calendar month or more except as described in subsection (2) of this section.

     (4) For the purposes of this section, family medical programs include the medical extension benefits as described in WAC 388-523-0100.

[]

© Washington State Code Reviser's Office