WSR 00-17-054

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed August 9, 2000, 10:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-030.

Title of Rule: WAC 388-478-0026 Excluded resources for family medical programs.

Purpose: Implements HB 2686 allowing 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.

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

Statute Being Implemented: HB 2686.

Summary: The department does not count increased assets for families when determining continuing eligibility for family medical programs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, 925 Plum Street, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1330.

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

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

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

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 26, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by September 9, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 26, 2000.

Date of Intended Adoption: Not before September 27, 2000.

August 3, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2738.5
NEW SECTION
WAC 388-478-0026
Excluded resources for family medical programs.

"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.

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