WSR 13-22-077
(Medicaid Program)
[Filed November 5, 2013, 4:56 p.m.]
Supplemental Notice to WSR 13-16-096.
Preproposal statement of inquiry was filed as WSR 12-19-092.
Title of Rule and Other Identifying Information: WAC 182-509-0340 MAGI income—Native American benefits and payments, based on public comments received during the public proposal period, the health care authority (HCA) made substantive changes to the proposed draft.
Hearing Location(s): HCA, Cherry Street Plaza Building, Sue Crystal Conference Room 106A, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at or directions can be obtained by calling (360) 725-1000), on December 10, 2013, at 10:00 a.m.
Date of Intended Adoption: Not sooner than December 11, 2013.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail, fax (360) 586-9727, by 5:00 p.m. on December 10, 2013.
Assistance for Persons with Disabilities: Contact Kelly Richters by December 2, 2013, TTY (800) 848-5429 or (360) 725-1307 or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HCA is implementing new regulations under the federal Patient Protection and Affordable Care Act in preparation for healthcare reform in Washington state. This includes the establishment of standalone rules for medical assistance programs, which are required under 2E2SHB 1738, Laws of 2011, which creates HCA as the single state agency responsible for the administrations and supervision of Washington's medicaid program (Washington apple health (WAH)).
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 41.05.021.
Statute Being Implemented: Patient Protection and Affordable Care Act (Public Law 111-148); 42 C.F.R. § 431, 435, and 457; and 45 C.F.R. § 155.
Rule is necessary because of federal law, Patient Protection and Affordable Care Act (Public Law 111-148).
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1344; Implementation and Enforcement: Jessie Minier, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1501.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The joint administrative rules review committee (JARRC) has not requested the filing of a small business economic impact statement, and these rules do not impose a disproportionate cost impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by JARRC or applied voluntarily.
November 5, 2013
Kevin M. Sullivan
Rules Coordinator
WAC 182-509-0340 MAGI income—American Indian/Alaska Native excluded income.
For the purposes of determining eligibility of American Indians/Alaska Natives for modified adjusted gross income (MAGI)-based Washington apple health (WAH) (see WAC 182-509-0300), the agency excludes from MAGI the following:
(1) Distributions from Alaska Native corporations and settlement trusts;
(2) Distributions from any property held in trust, subject to federal restrictions, located within the most recent boundaries of a prior federal reservation, or otherwise under the supervision of the Secretary of the Interior;
(3) Distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extraction and harvest from:
(a) Rights of ownership or possession in any lands described in (b) of this subsection; or
(b) Federally protected rights regarding off-reservation hunting, fishing, gathering, or usage of natural resources.
(4) Distributions resulting from real property ownership interests related to natural resources and improvements that are:
(a) Located on or near a reservation or within the most recent boundaries of a prior federal reservation; or
(b) Resulting from the exercise of federally protected rights relating to such real property ownership interests.
(5) Payments resulting from ownership interests in or usage rights to items that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or a traditional lifestyle according to applicable tribal law or custom;
(6) Student financial assistance provided under the Bureau of Indian Affairs education programs; and
(7) Any other applicable income exclusion as provided by federal law, regulation, or rule, including the Internal Revenue Code, treasury regulations, and Internal Revenue Service revenue rulings, revenue procedures, notices, and other official tax guidance.