PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-23-085.
Title of Rule: WAC 388-450-0015 Excluded and disregarded income and 388-470-0026 Excluded resources for family medical programs.
Purpose: The proposed amendment is necessary to provide for the exclusion of recoveries of insurance proceeds and other assets when determining medical program eligibility for Holocaust survivors as allowed under EHB 2487 (2000 legislature).
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.
Statute Being Implemented: Section 210, subsection (12), chapter 1, Laws of 2000 2nd sp. sess. (EHB 2487).
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45534, Olympia, Washington 98504-5534, (360) 725-1330.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule has no impact on small businesses. It affects eligibility for medical assistance programs.
RCW 34.05.328 does not apply to this rule adoption. This rule does meet the definition of a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 25, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Rules Coordinator by July 18, 2001, phone (360) 902-7540, TTY (360) 902-8324, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by July 25, 2001.
Date of Intended Adoption: No sooner than July 26, 2001.
June 15, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2913.3(1) Excluded income is income that is not counted when determining a client's eligibility and benefit level. Types of excluded income include but are not limited to:
(a) Bona fide loans as defined in WAC 388-470-0025, except
certain student loans as specified under WAC 388-450-0035((.));
(b) Federal earned income tax credit (EITC) payments;
(c) Title IV-E and state foster care maintenance payments if the foster child is not included in the assistance unit;
(d) Energy assistance payments;
(e) Educational assistance as specified in WAC 388-450-0035;
(f) Native American benefits and payments as specified in WAC 388-450-0040;
(g) Income from employment and training programs as specified in WAC 388-450-0045;
(h) Money withheld from a client's benefit to repay an overpayment from the same income source. For food assistance, this exclusion does not apply when the money is withheld to recover an intentional noncompliance overpayment from a federal, state, or local means tested program such as TANF/SFA, GA, and SSI; and
(i) Child support payments received by TANF/SFA recipients.
(2) When determining the eligibility of a Holocaust survivor for a medical program for children, pregnant women, or families, the department does not count the recoveries of:
(a) Insurance proceeds; and
(b) Other income.
(3) For food assistance programs, the following income types are excluded:
(a) Emergency additional requirements authorized to TANF/SFA and RCA clients under WAC 388-436-0001 and paid directly to a third party;
(b) Cash donations based on need received directly by the household if the donations are:
(i) Made by one or more private, nonprofit, charitable organizations; and
(ii) Do not exceed three hundred dollars in any federal fiscal year quarter.
(c) Infrequent or irregular income, received during a three-month period by a prospectively budgeted assistance unit, that:
(i) Cannot be reasonably anticipated as available; and
(ii) Does not exceed thirty dollars for all household members.
(((3))) (4) All income that is not excluded is considered to
be part of an assistance unit's gross income.
(((4))) (5) For food assistance households not containing an
elderly or disabled member, the assistance unit is ineligible if
its gross income exceeds one hundred thirty percent of the
federal poverty level as specified in WAC 388-478-0060.
(((5))) (6) Disregarded income is income that is counted
when determining an assistance unit's gross income but is not
used when determining an assistance unit's countable income.
Types of disregarded income include but are not limited to:
(a) Earned income incentives and disregards for cash assistance; and
(b) Earned income disregard and income deductions for food assistance.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]
2899.2(1) The department does not count any increase in a client's resources received while a client:
(a) Is eligible for and receiving coverage under a family medical program; and
(b) Remains continuously eligible for a family medical program.
(2) The department does not count the resource increase for a client:
(a) Who meets the requirement of subsection (1)(a) of this section;
(b) Whose family medical program is terminated; and
(c) Who is later found eligible for all months since the termination, which may include a retroactive period of up to three months.
(3) The department counts the resource increase when the client is ineligible for a family medical program for a full calendar month or more except as described in subsection (2) of this section.
(4) When determining the eligibility of a Holocaust survivor for a family medical program, the department does not count the recoveries of:
(a) Insurance proceeds; and
(b) Other assets.
(5) For the purposes of this section, family medical programs include the medical extension benefits as described in WAC 388-523-0100.
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