WSR 11-04-073

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed January 31, 2011, 10:04 a.m. , effective February 1, 2011 ]


Effective Date of Rule: February 1, 2011.

Purpose: This is not a policy change. Currently, the rule cross references to WAC 388-478-0020 because the income standards for both family medical programs and the temporary assistance for needy families (TANF) grant program is the same. However, beginning February 1, 2011, the TANF income standard is being reduced so the family medical programs income standard must be called out in WAC 388-478-0065.

Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0065.

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

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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: The department cannot change its income standard for family medical programs due to federal "maintenance of effort" requirements. To do so would jeopardize federal funding for the programs as well as result in the loss of eligibility for some clients.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 13, 2011.

Katherine I. Vasquez

Rules Coordinator

4270.1
AMENDATORY SECTION(Amending WSR 05-15-080, filed 7/14/05, effective 8/14/05)

WAC 388-478-0065   Income and resource standards for family medical programs.   (1) The categorically needy income level (CNIL) standards for family medical ((is the same as the grant payment standards for the TANF cash program as stated in WAC 388-478-0020.)) are:

(a) For assistance units with obligations to pay shelter costs:


Assistance Unit Size Payment Standard
1 $359
2 453
3 562
4 661
5 762
6 866
7 1,000
8 1,107
9 1,215
10 or more 1,321

(b) For assistance units with shelter provided at no cost:


Assistance Unit Size Payment Standard
1 $218
2 276
3 341
4 402
5 464
6 526
7 608
8 673
9 739
10 or more 803

(2) The countable resource standards for family medical are the same as those of the TANF/SFA cash program as stated in WAC 388-470-0005.

(3) Each unborn child is counted as a household member when determining household size for:

(a) Family medical;

(b) Pregnancy medical; and

(c) Children's medical.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 05-15-080, 388-478-0065, filed 7/14/05, effective 8/14/05. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 673(2) (42 U.S.C. 9902(2)). 01-18-056, 388-478-0065, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0065, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710 and 388-508-0820.]

Washington State Code Reviser's Office