Chapter 182-511 WAC

Last Update: 3/27/19

HEALTH CARE FOR WORKERS WITH DISABILITIES (HWD)

WAC Sections

182-511-1000Health care for workers with disabilities (HWD)—Program description.
182-511-1050Health care for workers with disabilities (HWD)—Program requirements.
182-511-1060Washington apple health—Health care for workers with disabilities (HWD)—Income standard based on the federal poverty guidelines.
182-511-1100Health care for workers with disabilities (HWD)—Retroactive coverage.
182-511-1150Health care for workers with disabilities (HWD)—Disability requirements.
182-511-1200Health care for workers with disabilities (HWD)—Employment requirements.
182-511-1250Health care for workers with disabilities (HWD)—Premium payments.


182-511-1000
Health care for workers with disabilities (HWD)Program description.

This section describes the health care for workers with disabilities (HWD) program.
(1) The HWD program provides categorically needy (CN) scope of care as described in WAC 182-501-0060.
(2) The medicaid agency approves HWD coverage for twelve months effective the first of the month in which a person applies and meets program requirements. See WAC 182-511-1100 for "retroactive" coverage for months before the month of application.
(3) A person who is eligible for another medicaid program may choose not to participate in the HWD program.
(4) A person is not eligible for HWD coverage for a month in which the person received medicaid benefits under the medically needy (MN) program.
(5) The HWD program does not provide long-term care (LTC) services described in chapters 182-513 and 182-515 WAC. LTC services include institutional, waivered, and hospice services. To receive LTC services, a person must qualify and participate in the cost of care according to the rules of those programs.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 15-14-080, § 182-511-1000, filed 6/29/15, effective 7/30/15. WSR 11-24-018, recodified as § 182-511-1000, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.04.050, 74.08.090, 74.09.530, and 74.09.700. WSR 06-24-036, § 388-475-1000, filed 11/30/06, effective 1/1/07. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1000, filed 12/14/01, effective 1/14/02.]



182-511-1050
Health care for workers with disabilities (HWD)Program requirements.

This section describes requirements a person must meet to be eligible for the health care for workers with disabilities (HWD) program.
(1) To qualify for the HWD program, a person must:
(a) Meet the general requirements for a medical program described in WAC 182-503-0505 (3)(a) through (f);
(b) Be age sixteen through sixty-four;
(c) Meet the federal disability requirements described in WAC 182-511-1150;
(d) Have net income at or below two hundred twenty percent of the federal poverty level (FPL) (see WAC 182-511-1060 for FPL amounts for medical programs); and
(e) Be employed full or part time (including self-employment) as described in WAC 182-511-1200.
(2) To determine net income, the medicaid agency applies the following rules to total gross household income in this order:
(a) Deduct income exclusions described in WAC 182-512-0800, 182-512-0820, 182-512-0840, and 182-512-0860; and
(b) Follow the CN income rules described in:
(i) WAC 182-512-0600, SSI-related medical—Definition of income;
(ii) WAC 182-512-0650, SSI-related medical—Available income;
(iii) WAC 182-512-0700 (1) through (5), SSI-related medical—Income eligibility;
(iv) WAC 182-512-0750, SSI-related medical—Countable unearned income; and
(v) WAC 182-512-0960, SSI-related medical clients.
(3) The HWD program does not require an asset test.
(4) Once approved for HWD coverage, a person must pay the monthly premium in the following manner to continue to qualify for the program:
(a) The agency calculates the premium for HWD coverage according to WAC 182-511-1250;
(b) If a person does not pay four consecutive monthly premiums, the person is not eligible for HWD coverage for the next four months and must pay all premium amounts owed before HWD coverage can be approved again; and
(c) Once approved for HWD coverage, a person who experiences a job loss can choose to continue HWD coverage through the original twelve months of eligibility, if the following requirements are met:
(i) The job loss results from an involuntary dismissal or health crisis; and
(ii) The person continues to pay the monthly premium.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 15-14-080, § 182-511-1050, filed 6/29/15, effective 7/30/15. WSR 11-24-018, recodified as § 182-511-1050, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, 34.05.353 and Section 1902 (a)(10)(A)(ii) of the Social Security Act. WSR 04-15-002, § 388-475-1050, filed 7/7/04, effective 8/7/04. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1050, filed 12/14/01, effective 1/14/02.]



182-511-1060
Washington apple health—Health care for workers with disabilities (HWD)—Income standard based on the federal poverty guidelines.

(1) The federal poverty levels (FPL) amounts, also known as poverty guidelines, are issued by the federal Department of Health and Human Services each year in the Federal Register and are generally found at http://aspe.hhs.gov/poverty/index.shtml.
(2) If the FPL amounts change from one calendar year to the next, the net income standard for the Washington apple health for workers with disabilities (HWD) program changes on the first of April each year based on that calendar year's poverty guidelines.
(3) The net income standard for HWD is two hundred twenty percent of the poverty guideline.
(4) There is no test for resources for the HWD program.
[Statutory Authority: RCW 41.05.021, Patient Protection and Affordable Care Act (Public Law 111-148), 42 C.F.R. §§ 431, 435, and 457, and 45 C.F.R. § 155. WSR 13-14-019, § 182-511-1060, filed 6/24/13, effective 7/25/13.]



182-511-1100
Health care for workers with disabilities (HWD)Retroactive coverage.

This section describes requirements for retroactive coverage provided under the health care for workers with disabilities (HWD) program.
(1) Retroactive coverage refers to the period of up to three months before the month in which a person applies for the HWD program. The medicaid agency cannot approve HWD coverage for a month that precedes January 1, 2002.
(2) To qualify for retroactive coverage under the HWD program, a person must first:
(a) Meet all program requirements described in WAC 182-511-1050 for each month of the retroactive period; and
(b) Pay the premium amount for each month requested within one hundred twenty days of being billed for such coverage.
(3) If a person does not pay premiums in full as described in subsection (2)(b) for all months requested in the retroactive period, the agency denies retroactive coverage and refunds any payment received for those months.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 15-14-080, § 182-511-1100, filed 6/29/15, effective 7/30/15. WSR 11-24-018, recodified as § 182-511-1100, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1100, filed 12/14/01, effective 1/14/02.]



182-511-1150
Health care for workers with disabilities (HWD)Disability requirements.

This section describes the disability requirements for the two groups of individuals that may qualify for the health care for workers with disabilities (HWD) program.
(1) To qualify for the HWD program, a person must meet the requirements of the Social Security Act in section 1902 (a)(10)(A)(ii):
(a) (XV) for the basic coverage group (BCG); or
(b) (XVI) for the medical improvement group (MIG).
(2) The BCG consists of individuals who:
(a) Meet federal disability requirements for the supplemental security income (SSI) or Social Security Disability Insurance (SSDI) program; or
(b) Are determined by the department of social and health services, division of disability determination services (DDDS), to meet federal disability requirements for the HWD program.
(3) The MIG consists of individuals who:
(a) Were previously eligible and approved for the HWD program as a member of the BCG; and
(b) Are determined by DDDS to have a medically improved disability. The term "medically improved disability" refers to the particular status granted to persons described in subsection (1)(b).
(4) When completing a disability determination for the HWD program, DDDS will not deny disability status because of employment.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 19-08-025, § 182-511-1150, filed 3/27/19, effective 4/27/19; WSR 15-14-080, § 182-511-1150, filed 6/29/15, effective 7/30/15. WSR 11-24-018, recodified as § 182-511-1150, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1150, filed 12/14/01, effective 1/14/02.]



182-511-1200
Health care for workers with disabilities (HWD)—Employment requirements.

This section describes the employment requirements for the basic coverage group (BCG) and the medical improvement group (MIG) for the health care for workers with disabilities (HWD) program.
(1) For the purpose of the HWD program, employment means a person:
(a) Gets paid for working;
(b) Has earnings that are subject to federal income tax; and
(c) Has payroll taxes taken out of earnings received, unless self-employed.
(2) To qualify for HWD coverage as a member of the BCG, a person must be employed full or part time.
(3) To qualify for HWD coverage as a member of the MIG, a person must be:
(a) Working at least forty hours per month; and
(b) Earning at least the local minimum wage as described under section 6 of the Fair Labor Standards Act (29 U.S.C. 206).
[WSR 11-24-018, recodified as § 182-511-1200, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1200, filed 12/14/01, effective 1/14/02.]



182-511-1250
Health care for workers with disabilities (HWD)Premium payments.

This section describes how the medicaid agency calculates the premium amount a person must pay for health care for workers with disabilities (HWD) coverage. This section also describes program requirements regarding the billing and payment of HWD premiums.
(1) When determining the HWD premium amount, the agency counts only the income of the person approved for the program. It does not count the income of another household member.
(2) When determining countable income used to calculate the HWD premium, the agency applies the following rules:
(a) Income is considered available and owned when it is:
(i) Received; and
(ii) Can be used to meet the person's needs for food, clothing, and shelter, except as described in WAC 182-512-0600(5), 182-512-0650, and 182-512-0700(1).
(b) Loans and certain other receipts are not considered to be income as described in 20 C.F.R. Sec. 416.1103, e.g., direct payment by anyone of a person's medical insurance premium or a tax refund on income taxes already paid.
(3) The HWD premium amount equals a total of the following (rounded down to the nearest whole dollar):
(a) Fifty percent of unearned income above the medically needy income level (MNIL) described in WAC 182-519-0050; plus
(b) Five percent of total unearned income; plus
(c) Two point five percent of earned income after first deducting sixty-five dollars.
(4) When determining the premium amount, the agency will use the current income amount until a change in income is reported and processed.
(5) A change in the premium amount is effective the month after the change in income is reported and processed.
(6) For current and ongoing coverage, the agency will bill for HWD premiums during the month following the month in which coverage is approved.
(7) For retroactive coverage, the agency will bill the HWD premiums during the month following the month in which coverage is requested and necessary information is received.
(8) If initial coverage for the HWD program is approved in a month that follows the month of application, the first monthly premium includes the costs for both the month of application and any following month(s).
(9) As described in WAC 182-511-1050 (4)(b), the agency will close HWD coverage after four consecutive months for which premiums are not paid in full.
(10) If a person makes only a partial payment toward the cost of HWD coverage for any one month, the person remains one full month behind in the payment schedule.
(11) The agency first applies payment for current and ongoing coverage to any amount owed for such coverage in an earlier month. Then it applies payment to the current month and then to any unpaid amount for retroactive coverage.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 15-14-080, § 182-511-1250, filed 6/29/15, effective 7/30/15. WSR 11-24-018, recodified as § 182-511-1250, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, 34.05.353 and Section 1902 (a)(10)(A)(ii) of the Social Security Act. WSR 04-15-002, § 388-475-1250, filed 7/7/04, effective 8/7/04. Statutory Authority: RCW 74.08.090, Section 1902 (a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. WSR 02-01-073, § 388-475-1250, filed 12/14/01, effective 1/14/02.]