WSR 02-03-097

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed January 18, 2002, 4:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-21-096.

Title of Rule: WAC 388-478-0075 Monthly income standards based on the federal poverty level (FPL).

Purpose: Adds the 220% FPL standard for the new healthcare for workers with disabilities (HWD) program.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.09.500, and 74.09.510; section 1902 (a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act.

Statute Being Implemented: Section 1902 (a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act.

Summary: The proposed rule implements the income standards for the healthcare for workers with disabilities (HWD) program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45534, Olympia, WA 98504-5534, (360) 725-1330.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: This rule creates only a new income standard.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule has no impact on small businesses. It affects eligibility for medical assistance programs.

RCW 34.05.328 applies to this rule adoption. This rule does meet the definition of significant legislative rule, however, DSHS eligibility rules are exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 26, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 8, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 26, 2002.

Date of Intended Adoption: Not sooner than February 27, 2002.

January 17, 2002

Bonnie H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3009.1
AMENDATORY SECTION(Amending WSR 01-18-056, filed 8/30/01, effective 9/30/01)

WAC 388-478-0075   Medical programs--Monthly income standards based on the federal poverty level (FPL).   (1) The department bases the income standard upon the Federal Poverty Level (FPL) for the following medical programs:

(a) Children's health program up to one hundred percent of FPL;

(b) Pregnant women's program up to one hundred eighty-five percent of FPL;

(c) Children's categorically needy program up to two hundred percent of FPL; ((and))

(d) Healthcare for workers with disabilities (HWD) up to two hundred twenty percent of FPL; and

(e) The children's health insurance program (CHIP) is over two hundred percent of FPL but under two hundred fifty percent of FPL.

(2) Beginning April 1, 2001, the monthly FPL standards are:


FAMILY

SIZE

100%

FPL

185%

FPL

200%

FPL

220% FPL 250%

FPL

1 $716 $1325 $1432 $1575 $1790
2 $968 $1790 $1935 $2129 $2419
3 $1220 $2256 $2439 $2683 $3048
4 $1471 $2722 $2942 $3236 $3678
5 $1723 $3187 $3445 $3790 $4307
6 $1975 $3653 $3949 $4344 $4936
7 $2226 $4118 $4452 $4897 $5565
8 $2478 $4584 $4955 $5451 $6194
9 $2730 $5094 $5459 $6005 $6823
10 $2981 $5515 $5962 $6558 $7453
Add to the ten person standard for each person over ten:
$252 $466 $504 $554 $630

(3) There are no resource limits for the programs under this section.

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 673(2) (42 U.S.C. 9902(2)). 01-18-056, 388-478-0075, filed 8/30/01, effective 9/30/01; 00-17-085, 388-478-0075, filed 8/14/00, effective 9/14/00; 99-19-005, 388-478-0075, filed 9/3/99, effective 10/4/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0075, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0805, 388-508-0810, 388-509-0910, 388-509-0920, 388-509-0940 and 388-509-0960.]

Washington State Code Reviser's Office