WSR 14-18-038 EMERGENCY RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed August 27, 2014, 2:01 p.m., effective August 27, 2014, 2:01 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The health care authority is amending the estate recovery policy for medicaid in order to eliminate a barrier to applying for health care coverage under the Affordable Care Act (ACA). Currently, state regulation mandates the cost of all medicaid services be subject to state [estate] recovery. A client's estate will no longer be liable for the cost of medicaid services received by the client, other than long-term care services.
Citation of Existing Rules Affected by this Order: Amending WAC 182-527-2742.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Other Authority: Patient Protection and Affordable Care Act (Public Law 111-148).
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: This rule is necessary to remove a financial barrier to applying for health care coverage under the ACA. For the ACA to be implemented successfully, it is important to get as many people as possible to apply for health care coverage through the health benefit exchange.
Following the adoption of the first emergency filing (WSR 14-02-076), the agency filed CR-101 (WSR 14-02-065) to begin the permanent rule-making process. The agency is currently working with external stakeholders to develop the permanent rule and expects to complete the permanent rule-making process in mid-2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 27, 2014.
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-19-038, filed 9/11/13, effective 10/12/13)
WAC 182-527-2742 Services subject to recovery.
The medicaid agency or its designee considers the medical services the client received and the dates when the services were provided to the client, ((in order)) to determine whether the client's estate is liable for the cost of medical services provided. Subsection (1) of this section covers liability for medicaid services, subsection (2) of this section covers liability for state-only funded long-term care services (LTC), and subsection (3) of this section covers liability for all other ((state-funded)) state-only funded services. An estate can be liable under any of these subsections.
(1) The client's estate is liable for:
(a) All medicaid services provided from July 26, 1987, through June 30, 1994;
(b) The following medicaid services provided after June 30, 1994, and before July 1, 1995:
(i) Nursing facility services;
(ii) Home and community-based services; and
(iii) Hospital and prescription drug services provided to a client while receiving nursing facility services or home and community-based services((.));
(c) The following medicaid services provided after June 30, 1995, and before June 1, 2004:
(i) Nursing facility services;
(ii) Home and community-based services;
(iii) Adult day health;
(iv) Medicaid personal care;
(v) Private duty nursing administered by the aging and long-term support administration (ALTSA) of the department of social and health services (DSHS); and
(vi) Hospital and prescription drug services provided to a client while receiving services described under (c)(i), (ii), (iii), (iv), or (v) of this subsection((.));
(d) The following services provided on and after June 1, 2004, through December 31, 2009:
(i) All medicaid services, including those services described in subsection (c) of this section;
(ii) Medicare savings programs services for individuals also receiving medicaid;
(iii) Medicare premiums only for individuals also receiving medicaid; and
(iv) Premium payments to managed care organizations((.));
(e) The following services provided on or after January 1, 2010, through December 31, 2013:
(i) All medicaid services except those ((defined under)) described in (d)(ii) and (iii) of this subsection;
(ii) All institutional medicaid services described in (c) of this subsection (((c) of this section));
(iii) Premium payments to managed care organizations; and
(iv) The client's proportional share of the state's monthly contribution to the centers for medicare and medicaid services (CMS) to defray the costs for outpatient prescription drug coverage provided to a person who is eligible for medicare Part D and medicaid((.)); and
(f) The following services provided after December 31, 2013:
(i) Nursing facility services, including those provided in a developmental disabilities administration (DDA) residential habilitation center (RHC);
(ii) Home and community-based services authorized by ALTSA or DDA, as follows:
(A) Community options program entry system (COPES);
(B) New Freedom consumer directed services (NFCDS);
(C) Basic Plus waiver;
(D) CORE waiver;
(E) Community protection waiver;
(F) Children's intensive in-home behavioral support (CIIBS) waiver;
(G) Medicaid personal care;
(iii) The portion of the Washington apple health (WAH) managed care premium used to pay for LTC services under the program of all-inclusive care for the elderly (PACE) authorized by ALTSA;
(iv) The portion of the WAH managed care premium used to pay for LTC services under the Washington medicaid integration partnership (WMIP) authorized by ALTSA or DDA;
(v) Roads to community living (RCL) demonstration project;
(vi) Personal care services funded under Title XIX or XXI;
(vii) Private duty nursing administered by ALTSA or DDA;
(viii) Intermediate care facility for individuals with intellectual disabilities (ICF/ID) services provided in either a private community setting or in an RHC; and
(ix) Hospital and prescription drug services provided to a client while receiving services under subsection (1)(f)(i) through (viii) of this section.
(2) The client's estate is liable for all state-only funded ((long-term care)) LTC services (excluding the services listed in subsection (3)(a) through (d) of this section) and related hospital and prescription drug services provided to:
(a) Clients of the home and community services division of DSHS on and after July 1, 1995; and
(b) Clients of the ((developmental disabilities administration of DSHS)) DDA on and after June 1, 2004.
(3) The client's estate is liable for all ((state-funded)) state-only funded services provided regardless of the age of the client at the time the services were provided, with the following exceptions:
(a) State-only funded adult protective services (APS);
(b) Supplemental security payment (SSP) authorized by DDA;
(c) Offender reentry community safety program (ORCSP); and
(d) Volunteer chore services.
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