WSR 01-21-120

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed October 23, 2001, 4:40 p.m. ]

     Date of Adoption: October 18, 2001.

     Purpose: Adopt a new rule, WAC 388-462-0020, necessary to implement a Medicaid option allowed under Public Law 106-354 and RCW 74.09.510. This option allows uninsured women under the age of sixty-five to receive treatment for breast and cervical cancer when they have been identified as needing treatment through the CDC detection program.

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and 74.09.510.

     Other Authority: Public Law 106.354.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: This Medicaid expansion is authorized under EHB 1058 which amends RCW 74.09.510.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

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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