WSR 01-21-119

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed October 23, 2001, 4:39 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-13-069.

     Title of Rule: WAC 388-462-0020 Breast and cervical cancer treatment program for women -- Client eligibility.

     Purpose: Implements the optional Medicaid program that allows uninsured women under the age of sixty-five who are identified through the CDC detection program to receive treatment for breast and cervical cancer.

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, 74.09.510, and Public Law 106-354.

     Statute Being Implemented: RCW 74.09.510.

     Summary: The proposed rules implement RCW 74.09.510 which allows uninsured women under the age of sixty-five who are identified as requiring breast and cervical cancer treatment through the CDC detection program.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, MAA, P.O. Box 45534, Olympia, WA 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 Summary above.

     Proposal Changes the Following Existing Rules: This rule creates a new Medicaid coverage program for uninsured women under the age of sixty-five who require treatment for breast or cervical cancer whose need for treatment was identified through the CDC detection program.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule has no impact on small businesses. It affects eligibility for medical assistance programs.

     RCW 34.05.328 applies to this rule adoption. It does meet the definition of a significant rule, however RCW 34.05.328 (5)(b)(vii) exempts DSHS eligibility rules.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 20, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by 5:00 p.m., November 27, 2001.

     Date of Intended Adoption: No sooner than November 28, 2001.

October 18, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2954.5
NEW SECTION
WAC 388-462-0020   Breast and cervical cancer treatment program (BCCTP) for women -- Client eligibility.   (1) Effective July 1, 2001, a woman is eligible for categorically needy (CN) coverage under the BCCTP only when she:

     (a) Has been screened for breast or cervical cancer under the center for disease control (CDC) breast and cervical cancer early detection program (BCCEDP);

     (b) Is found to require treatment for either breast or cervical cancer or for a related precancerous condition;

     (c) Is under sixty-five years of age;

     (d) Is not eligible for another CN Medicaid program;

     (e) Is uninsured or does not otherwise have creditable coverage;

     (f) Meets residency requirements as described in WAC 388-468-0005;

     (g) Meets Social Security Number requirements as described in WAC 388-476-0005; and

     (h) Meets citizenship and alien status requirements as described in:

     (i) WAC 388-424-0005 (1)(a) and (b); or

     (ii) WAC 388-424-0010 (1) or (2)(a) and (b).

     (2) The certification periods described in WAC 388-416-0015 (1), (4), and (6) apply to the BCCTP. Eligibility for Medicaid continues throughout the course of treatment as certified by the CDC-BCCEDP.

     (3) Income and asset limits are set by the CDC-BCCEDP.

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