WSR 21-17-086
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed August 13, 2021, 8:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-12-010.
Title of Rule and Other Identifying Information: WAC 182-503-0515 Washington apple health—Social Security number requirements.
Hearing Location(s): On September 21, 2021, at 10:00 a.m. The health care authority (HCA) remains closed in response to the coronavirus disease 2019 (COVID-19) public health emergency. Until further notice, HCA continues to hold public hearings virtually without a physical meeting place. This promotes social distancing and the safety of the residents of Washington state. To attend the virtual public hearing, you must register in advance https://zoom.us/webinar/register/WN_ij64u_n1S-OQwmOmrIS3MQ. After registering, you will receive a confirmation email containing information about joining the public hearing.
Date of Intended Adoption: Not sooner than September 22, 2021.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by September 21, 2021.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication[s] relay service 711, email amber.lougheed@hca.wa.gov, by September 10, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending WAC 182-503-0515 to add a new subsection (6)(f) to name the family planning only program described in WAC 182-532-510 as an additional program for which a Social Security number is not required. The agency has determined this rule amendment is necessary because the agency is expanding family planning only program services to all Washington residents, including those who do not have a Social Security number.
Reasons Supporting Proposal: See purpose.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Not applicable.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Brian Jensen, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-0815; Implementation and Enforcement: Melissa Rivera, P.O. Box 45534, Olympia, WA 98504-5534, 360-725-1713.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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 the joint administrative rules review committee or applied voluntarily.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule pertains to client program eligibility and does not impose any costs on businesses.
August 13, 2021
Wendy Barcus
Rules Coordinator
OTS-3122.2
AMENDATORY SECTION(Amending WSR 18-10-014, filed 4/23/18, effective 5/24/18)
WAC 182-503-0515Washington apple health—Social Security number requirements.
(1) To be eligible for Washington apple health (medicaid), or tailored supports for older adults (TSOA) described in WAC 182-513-1610, you (the applicant or recipient) must provide your valid Social Security number (SSN) or proof of application for an SSN to the medicaid agency or the agency's designee, except as provided in subsections (2) and (6) of this section.
(2) An SSN is not required if you are:
(a) Not eligible to receive an SSN or may only be issued an SSN for a valid nonwork reason described in 20 C.F.R. 422.104;
(b) A household member who is not applying for apple health coverage, unless verification of that household member's resources is required to determine the eligibility of the client;
(c) Refusing to obtain an SSN for well-established religious objections as defined in 42 C.F.R. 435.910 (h)(3); or
(d) Not able to obtain or provide an SSN because you are a victim of domestic violence.
(3) If you are receiving coverage because you meet an exception under either subsection (2)(c) or (d) of this section, we (the agency) will confirm with you at your apple health renewal, consistent with WAC 182-503-0050, that you still meet the exception.
(4) If we ask for confirmation that you continue to meet an exception in subsection (2) of this section and you do not respond in accordance with subsection (3) of this section, or if you no longer meet an exception and do not provide your SSN, we will terminate your apple health coverage according to WAC 182-518-0025.
(5) If you are not able to provide your SSN, either because you do not know it or it has not been issued, you must provide:
(a) Proof from the Social Security Administration (SSA) that you turned in an application for an SSN; and
(b) The SSN when you receive it.
(i) Your apple health coverage will not be delayed, denied, or terminated while waiting for SSA to send you your SSN. If you need help applying for an SSN, assistance will be provided to you.
(ii) We will ask you every ninety days if your SSN has been issued.
(6) An SSN is not required for the following apple health programs:
(a) Refugee medical assistance program described in WAC 182-507-0130;
(b) Alien medical programs described in WAC 182-507-0115, 182-507-0120, and 182-507-0125;
(c) Newborn medical program described in WAC 182-505-0210 (2)(a);
(d) Foster care program for a child age eighteen and younger as described in WAC 182-505-0211(1); ((or))
(e) Medical programs for children and pregnant women who do not meet citizenship or immigration status described in WAC 182-503-0535 (2)(e)(ii) and (iii); or
(f) Family planning only program described in WAC 182-532-510 if you do not meet citizenship or immigration status for Washington apple health or you have made an informed choice to apply for family planning services only.
(7) If you are required to provide an SSN under this section, and you do not meet an exception under subsection (2) of this section, failure to provide your SSN may result in:
(a) Denial of your application or termination of your coverage because we cannot determine your household's eligibility; or
(b) Inability to apply the community spouse resource allocation (CSRA) or monthly maintenance needs allowance (MMNA) for a client of long-term services and supports (LTSS).