WSR 18-10-112 EXPEDITED RULES HEALTH CARE AUTHORITY [Filed May 2, 2018, 11:32 a.m.] Title of Rule and Other Identifying Information: WAC 182-512-0785 SSI-related medical—Effect of a sponsor's income. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Correct a typographical error. Reasons Supporting Proposal: The agency is revising this rule to correct a typographical error in a WAC reference. WAC 182-512-0785 (1)(d) references WAC 182-512-0190. This WAC does not exist. It should refer to WAC 182-512-0790. 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: Katie Pounds, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1346; Implementation and Enforcement: Stephen Kozak, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-1343. This notice meets the following criteria to use the expedited adoption process for these rules: Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Corrects typographical error. NOTICE THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Wendy Barcus, Rules Coordinator, HCA, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1306, fax 360-586-9727, email arc@hca.wa.gov, AND RECEIVED BY July 3, 2018. May 2, 2018 Wendy Barcus Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-07-059, filed 3/14/14, effective 4/14/14)
WAC 182-512-0785 SSI-related medical—Effect of a sponsor's income.
(1) The following definitions apply to this section:
(a) "Sponsor" means a person who agreed to meet the needs of a sponsored immigrant by signing a United States Citizenship and Immigration Services Affidavit of Support form I-864 or I-864A. This includes a sponsor's spouse if the spouse signed the affidavit of support.
(b) "Sponsored immigrant" means a person who must have a sponsor under the Immigration and Nationality Act (INA) to be admitted into the United States for residence.
(c) "Deeming" means the agency counts a part of the sponsor's income and resources as available to the sponsored immigrant.
(d) "Exempt" means the person meets one of the conditions of WAC ((182-512-0190)) 182-512-0790.
(2) If the person is a sponsored immigrant and is not exempt from deeming, the person must provide the following information to be eligible for Washington apple health (WAH) SSI-related coverage even if the person is not receiving support from their sponsor:
(a) The name and address of the sponsor;
(b) The income and resources of the sponsor; and
(c) Any additional information needed for the agency to determine if:
(i) Income must be deemed to the person's medical assistance unit (MAU); and
(ii) The amount of income that must be deemed to the MAU.
(3) If the person is not eligible for coverage because the agency does not have the information needed regarding the sponsor, eligibility for other unsponsored household members applying for coverage is not delayed. Although the sponsored immigrant may not be eligible for coverage, the following is counted when determining the eligibility of other household members:
(a) All earned or unearned income of the sponsored immigrant that is not excluded under chapter 182-512 WAC; and
(b) All deductions the sponsored immigrant would be eligible for under chapter 182-512 WAC.
(4) If the person refuses to provide the agency with the information needed regarding the sponsor, the other adult members in the MAU must provide the information. If the same person sponsored everyone in the MAU, the entire MAU is not eligible for WAH coverage until someone provides the information that is needed.
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