WSR 17-01-049 EMERGENCY RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed December 13, 2016, 2:14 p.m., effective December 13, 2016, 2:14 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The agency is amending this rule so coverage is consistent for new and renewing enrollees in TAKE CHARGE. Coverage is for the duration of the waiver.
Citation of Existing Rules Affected by this Order: Amending WAC 182-532-720.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule for a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: This emergency rule is necessary to assure that clients in the TAKE CHARGE program understand that coverage under this program is only for the duration of the waiver. The agency filed the preproposal statement of inquiry for permanent rule making under WSR 16-02-023. Since the last emergency filing under WSR 16-17-098, the agency held a public hearing and filed the permanent rule under WSR 17-01-013. This emergency rule is necessary because the filed permanent rule does not go into effect until January 9, 2017, three weeks after the expiration of the previous emergency.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 1, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 13, 2016.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-02-056, filed 1/5/15, effective 2/5/15)
WAC 182-532-720 TAKE CHARGE program—Eligibility.
(1) The TAKE CHARGE program is for men and women. To be eligible for the TAKE CHARGE program, an applicant must:
(a) Be a United States citizen, U.S. National, or "qualified alien" as described in WAC 182-503-0530, and give proof of citizenship or qualified alien status and identity upon request from the medicaid agency;
(b) Provide a valid Social Security number (SSN);
(c) Be a resident of the state of Washington as described in WAC 182-503-0520;
(d) Have an income at or below two hundred sixty percent of the federal poverty level as described in WAC 182-505-0100;
(e) Need family planning services;
(f) Have applied for categorically needy coverage, unless the applicant:
(i) Is a domestic violence victim who is covered under the alleged perpetrator's health insurance;
(ii) Is under eighteen years of age and is seeking confidential services; or
(iii) Has an income between one hundred fifty percent and two hundred sixty percent (inclusive) of the federal poverty level.
(g) Apply voluntarily for family planning services with a TAKE CHARGE provider; and
(h) Not be covered currently through another Washington apple health program for family planning. If categorically needy coverage is approved for a TAKE CHARGE recipient, the individual will be enrolled in the categorically needy program.
(2) An applicant who is pregnant or sterilized is not eligible for TAKE CHARGE.
(3) An applicant who has concurrent coverage under a creditable health insurance policy as defined in WAC 182-12-109 is not eligible for TAKE CHARGE unless the applicant is seeking confidential services and is either under nineteen years old or is a domestic violence victim who is covered under the perpetrator's insurance.
(4) A client is authorized for TAKE CHARGE coverage for one year from the date the medicaid agency determines eligibility, or for the duration of the waiver, whichever is shorter. Upon reapplication for TAKE CHARGE by the client, the medicaid agency may renew the coverage for an additional period of up to one year, or for the duration of the waiver, whichever is shorter.
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