HEALTH CARE AUTHORITY
[Filed July 6, 2018, 8:10 a.m., effective August 6, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency is amending WAC 182-512-0785 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.
Citation of Rules Affected by this Order: Amending WAC 182-512-0785.
Adopted under notice filed as WSR 18-10-112 on May 2, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 6, 2018.
AMENDATORY SECTION(Amending WSR 14-07-059, filed 3/14/14, effective 4/14/14)
WAC 182-512-0785SSI-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.