Effective Date of Rule: Immediately.

     Purpose: In meeting the requirements of E2SHB [ESHB] 2082, the agency is creating WAC 182-504-0125 Effect of changes on medical program eligibility, to medical care services program. The new incapacity-based medical care services program became effective November 1, 2011, under WSR 11-22-052.

     Statutory Authority for Adoption: RCW 41.05.021, 74.09.035.

     Other Authority: Chapter 36, Laws of 2011 (E2SHB [ESHB] 2082).

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: See Purpose statement above.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

     Date Adopted: November 16, 2011.

Kevin M. Sullivan

Rules Coordinator

OTS-4493.1

NEW SECTION
WAC 182-504-0125   Effect of changes on medical program eligibility.   (1) An individual continues to be eligible for medical assistance until the agency or the agency's designee completes a review of the individual's case record and determines the individual is ineligible for medical assistance or is eligible for another medical program. This applies to all individuals who, during a certification period, become ineligible for, or are terminated from, or request termination from:

     (a) A categorically needy (CN) medicaid program;

     (b) A program included in apple health for kids; or

     (c) Any of the following cash grants:

     (i) Temporary assistance for needy families (TANF);

     (ii) Supplemental Security Income (SSI); or

     (iii) Aged, blind, disabled (ABD) cash assistance. See WAC 388-434-0005 for changes reported during eligibility review.

     (2) If CN medical coverage ends under one program and the individual meets all the eligibility requirements to be eligible under a different CN medical program, coverage is approved under the new program. If the individual's income exceeds the standard for CN medical coverage, the agency or the agency's designee considers eligibility under the medically needy (MN) program where appropriate.

     (3) If CN medical coverage ends and the individual does not meet the eligibility requirements to be eligible under a different medical program, the redetermination process is complete and medical assistance is terminated giving advance and adequate notice with the following exception:

     (a) An individual who claims to have a disability is referred to the division of disability determination services for a disability determination if that is the only basis under which the individual is potentially eligible for medical assistance. Pending the outcome of the disability determination, medical eligibility is considered under the SSI-related medical program described in chapter 388-475 WAC.

     (b) An individual with countable income in excess of the SSI-related CN medical standard is considered for medically needy (MN) coverage or medically needy (MN) with spenddown pending the final outcome of the disability determination.

     (4) An individual who becomes ineligible for refugee cash assistance is eligible for continued refugee medical assistance through the eight-month limit, as described in WAC 388-400-0035(4).

     (5) An individual who receives a TANF cash grant or family medical is eligible for a medical extension, as described under WAC 388-523-0100, when the cash grant or family medical program is terminated as a result of:

     (a) An increase in earned income; or

     (b) Collection of child or spousal support.

     (6) Changes in income during a certification period affects eligibility for all medical programs except:

     (a) Pregnant women's CN medical programs;

     (b) A program included in apple health for kids, except as specified in subsection (5) of this section; or

     (c) The first six months of the medical extension benefits described under chapter 388-523 WAC.

     (7) A child who receives premium-based coverage under a program included in apple health for kids described in WAC 388-505-0210 and chapter 388-542 WAC must be redetermined for a nonpremium-based coverage when the family reports:

     (a) Family income has decreased to less than two hundred percent federal poverty level (FPL);

     (b) The child becomes pregnant;

     (c) A change in family size; or

     (d) The child receives SSI.

     (8) An individual who receives SSI-related CN medical coverage and reports a change in earned income which exceeds the substantial gainful activity (SGA) limit set by Social Security Administration no longer meets the definition of a disabled individual as described in WAC 388-475-0050, unless the individual continues to receive a Title 2 cash benefit, e.g., SSDI, DAC, or DWB. The agency or the agency's designee redetermines eligibility for such an individual under the health care for workers with disabilities (HWD) program which waives the SGA income test. The HWD program is a premium-based program and the individual must approve the premium amount before the agency or the agency's designee can authorize ongoing CN medical benefits under this program.

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