WSR 16-23-018
EMERGENCY RULES
(Washington Apple Health)
[Filed November 4, 2016, 10:25 a.m., effective November 4, 2016, 10:25 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The state's authority granted by the Centers for Medicare and Medicaid Services under Section 1902 (e)(14)(A) of the Social Security Act to continue its use of income rules described in the United States Court of Appeals Ninth Circuit decision in Sneede v. Kizer, 951 F.2d 362 (1991) has expired. The state must now comply with the requirements of 42 C.F.R. 435.603.
Citation of Existing Rules Affected by this Order: Amending WAC 182-509-0360.
Other Authority: 42 C.F.R. 435.603.
Under RCW
34.05.350 the agency for good cause finds 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 emergency rule is necessary to comply with federal regulations and to preserve coverage for individuals and families while the permanent rule process is being completed. Since the CR-103E filing under WSR 16-15-021, the agency has conducted agency-wide and stakeholder reviews of the draft rule, and has filed the proposed rules for a public hearing under WSR 16-22-053.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 4, 2016.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-01-021, filed 12/9/13, effective 1/9/14)
WAC 182-509-0360 MAGI income-How ((a child's)) the income of a child age eighteen or younger or a tax dependent is counted.
((For purposes of)) The medicaid agency determines income counted when determining eligibility for modified adjusted gross income (MAGI)-based Washington apple health (((WAH) (see)) under WAC 182-509-0300(():
(1) Income received by a child claimed as a tax dependent by someone else is not counted when determining the eligibility of the tax filers who claim the tax dependent.
(2) Income received by a child in a nonfiling medical assistance unit (as described in WAC 182-506-0010) is not counted when determining the eligibility of the child or the other household members in the nonfiling household.
(3) Income received by a child age eighteen or younger who is required to file his or her own tax return but who is also claimed as a tax dependent by another person is counted when determining eligibility for WAH for the child, but not the person that claims them.
(4) Income of a sibling is not counted when determining the eligibility of any other sibling in the household)).
(1) When determining countable income for persons described in subsections (2) through (5) of this section, the income of a child age eighteen or younger or a tax dependent is counted only when it meets the threshold required for tax filing under 26 U.S.C. Sec. 1.
(2) Determining countable income of a tax filer. The countable income includes the income of each member in the tax filer's medical assistance unit (MAU) under WAC 182-506-0012(1).
(3) Determining countable income of a tax dependent. The countable income includes the income of each member in the tax dependent's MAU under WAC 182-506-0012(2).
(4) Determining countable income of a nonfiler. The countable income includes the income of each member in the tax dependent's MAU under WAC 182-506-0012(3).
(5) Determining countable income of a child who lives with a parent who is age eighteen or younger. If a parent is age eighteen or younger and:
(a) Is a tax dependent, the countable income of the child does not include the income of the parent, and includes only the income of the child.
(b) Is not a tax dependent, the countable income of the child includes the income of the parent and the child.
