HEALTH CARE AUTHORITY
[Filed August 12, 2020, 10:15 a.m., effective September 12, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency is revising subsection (4) to clarify who may authorize for asset verification. Added subsection (4)(c) to clarify the agency may grant an exception to rule if authorization is not provided.
Citation of Rules Affected by this Order: Amending WAC 182-503-0055.
Other Authority: 42 U.S.C. 1396w.
Adopted under notice filed as WSR 20-14-113 on July 1, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 12, 2020.
AMENDATORY SECTION(Amending WSR 19-21-007, filed 10/3/19, effective 11/3/19)
WAC 182-503-0055Asset verification system.
(1) This rule implements the asset verification system (AVS) outlined in section 1940 of the Social Security Act.
(2) This rule applies to any client, or those financially responsible for them, who is subject to:
(a) The disclosure of resources, as defined in WAC 182-512-0200, to determine eligibility; or
(b) Provisions related to the transfer of assets, as described in WAC 182-513-1363.
(3) For the purposes of this section:
(a) "Financial institution" means the same as defined in section 1101 of the Right to Financial Privacy Act, and may include, but is not limited to:
(i) Banks; or
(ii) Credit unions.
(b) "Financial record" means any record held by a financial institution pertaining to a customer's relationship with the financial institution; and
(c) "Financial responsibility" is described in WAC 182-506-0015.
(4) You and any other financially responsible people must provide authorization for us to obtain any financial record held by a financial institution.
(a) For you, the authorization may be provided by anyone described in WAC 182-503-0010 (1) and (2)(a), (b), or (c), except in the case of an authorized representative who must be designated by the client.
(b) For a financially responsible spouse, authorization may be provided by the spouse, their legal guardian, or their attorney-in-fact.
(c) The agency may grant an exception to rule as described in WAC 182-503-0090 if authorization is not provided by those listed in (a) and (b) of this subsection.
(5) The authorization, provided under subsection (4) of this section, will remain in effect until one of the following occurs:
(a) Your application for apple health is denied;
(b) Your eligibility for apple health is terminated; or
(c) You revoke your authorization in a written notification to us.
(6) We will:
(a) Use the authorization provided under subsection (4) of this section to electronically verify your financial records and those of any other financially responsible person to determine or renew your eligibility for apple health; or
(b) Inform you in writing at the time of application and renewal that we will obtain and use information available through AVS to determine your eligibility for apple health.