WSR 06-15-118



(Basic Health)

[ Order 06-05 -- Filed July 19, 2006, 8:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-11-155.

Title of Rule and Other Identifying Information: Basic Health eligibility, granting enrollment priority status to members of the Washington National Guard and Reserves who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation Noble Eagle and their spouses and dependents.

Hearing Location(s): Health Care Authority, 676 Woodland Square Loop S.E., Center Conference Room, Lacey, WA, on August 23, 2006, at 10:00 a.m.

Date of Intended Adoption: August 25, 2006.

Submit Written Comments to: Bob Longhorn, P.O. Box 42686, Olympia, WA 98504-2686, e-mail, fax (360) 923-2605, by August 22, 2006.

Assistance for Persons with Disabilities: Contact Nikki Johnson by August 9, 2006.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise the rules regarding Basic Health eligibility so they comply with section 9, chapter 343, Laws of 2006. The session law grants enrollment priority status to members of the Washington National Guard and Reserves who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation Noble Eagle, and their spouses and dependents.

Reasons Supporting Proposal: Rules must be revised to comply with the requirements of chapter 343, Laws of 2006 (2SHB 2754, which was passed by the 2006 legislature).

Statutory Authority for Adoption: RCW 70.47.050.

Statute Being Implemented: RCW 70.47.030.

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

Name of Proponent: Health care authority (HCA), governmental.

Name of Agency Personnel Responsible for Drafting: Bob Longhorn, Lacey, Washington, (360) 412-4327; Implementation and Enforcement: Rosanne Reynolds, Lacey, Washington, (360) 923-2948.

No small business economic impact statement has been prepared under chapter 19.85 RCW. HCA is not required by chapter 19.85 RCW to prepare a small business economic impact statement. There will be little, if any, cost to small business.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the HCA rules unless requested by the Joint Administrative Rules [Review] Committee or applied voluntarily.

July 19, 2006

Cyndi Presnell

Assistant Rules Coordinator


AMENDATORY SECTION(Amending Order 04-03, filed 11/5/04, effective 1/1/05)

WAC 182-25-030   Eligibility.   (1) To be eligible for enrollment in BHP, unless otherwise specified elsewhere in this chapter, an individual must be a Washington state resident who is not:

(a) Eligible for free Medicare coverage or eligible to buy Medicare coverage; or

(b) Institutionalized at the time of enrollment.

(2) Persons not meeting these criteria, as evidenced by information submitted on the application for enrollment or otherwise obtained by BHP, will not be enrolled. An enrollee who is no longer a Washington resident, who becomes eligible for free or purchased Medicare, or who is later determined to have failed to meet BHP's eligibility criteria at the time of enrollment, will be disenrolled from the plan as provided in WAC 182-25-090. An enrollee who was not confined to an institution at the time of enrollment, who is subsequently confined to an institution, will not be disenrolled, provided he or she remains otherwise eligible and continues to make all premium payments when due.

(3) Eligibility for BHP Plus and maternity benefits through medical assistance is determined by DSHS, based on Medicaid eligibility criteria.

(4) For subsidized enrollment in BHP, an individual must meet the eligibility criteria in subsection (1) of this section and the definition of "subsidized enrollee" in WAC 182-25-010(38), and must pay, or have paid on his or her behalf, the monthly BHP premium.

(5) To be eligible for nonsubsidized enrollment in BHP, an individual may have any income level, must meet the eligibility criteria in subsection (1) of this section, and must pay, or have paid on their behalf, the full costs for participation in BHP, including the cost of administration, without subsidy from the HCA.

(6)(a) An individual otherwise eligible for enrollment in BHP as a subsidized enrollee may be denied enrollment if the administrator has determined that acceptance of additional enrollment would exceed limits established by the legislature, would jeopardize the orderly development of BHP, or would result in an overexpenditure of BHP funds. An individual otherwise eligible for enrollment in either the subsidized or nonsubsidized program may also be denied enrollment if no MHCS is accepting new enrollment in that program or from the geographic area where the applicant lives.

(b) If the administrator closes or limits subsidized enrollment, to the extent funding is available, BHP will continue to accept and process applications for subsidized enrollment from:

(i) Children eligible for subsidized BHP, who were referred to DSHS for BHP Plus coverage, but were found ineligible for BHP Plus for reasons other than noncompliance;

(ii) Employees of a home care agency group enrolled or applying for coverage under WAC 182-25-060;

(iii) Eligible individual home care providers;

(iv) Licensed foster care workers;

(v) Limited enrollment of new employer groups; ((and))

(vi) Members of the Washington National Guard and Reserves who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation Noble Eagle, and their spouses and dependents; and

(vii) Subject to availability of funding, additional space for enrollment may be reserved for other applicants as determined by the administrator, in order to ensure continuous coverage and service for current individual and group accounts. (For example: Within established guidelines, processing routine income changes that may affect subsidy eligibility for current enrollees; adding new family members to an existing account; transferring enrollees between group and individual accounts; restoring coverage for enrollees who are otherwise eligible for continued enrollment under WAC 182-25-090 after a limited suspension of coverage due to late payment or other health care coverage; adding newly hired employees to an existing employer group; or adding new or returning members of federally recognized native American tribes to that tribe's currently approved financial sponsor group.)

(c) If the administrator has closed or limited subsidized enrollment, applicants for subsidized BHP who are not in any of the categories in (b) of this subsection may reserve space on a waiting list to be processed according to the date the waiting list request or application is received by BHP. When enrollment is reopened by the administrator, applicants whose names appear on the waiting list will be notified by BHP of the opportunity to enroll. BHP may require new application forms and documentation from applicants on the waiting list, or may contact applicants to verify continued interest in applying, prior to determining their eligibility.

[Statutory Authority: RCW 70.47.050 and 2004 c 192. 04-23-012 (Order 04-03), 182-25-030, filed 11/5/04, effective 1/1/05. Statutory Authority: RCW 70.47.050 and 70.47.020 as revised by E2SSB 6067. 01-01-134 (Order 00-04), 182-25-030, filed 12/20/00, effective 1/20/01. Statutory Authority: RCW 70.47.050, 70.47.060 and 70.47.100. 99-24-005 (Order 99-06), 182-25-030, filed 11/18/99, effective 12/19/99. Statutory Authority: RCW 70.47.050 and 70.47.060. 99-16-022 (Order 99-02), 182-25-030, filed 7/26/99, effective 8/26/99. Statutory Authority: RCW 70.47.050. 98-07-002, 182-25-030, filed 3/5/98, effective 4/5/98; 97-15-003, 182-25-030, filed 7/3/97, effective 8/3/97; 96-15-024, 182-25-030, filed 7/9/96, effective 8/9/96.]

Washington State Code Reviser's Office