WAC 182-560-100 Achieving a Better Life Experience (ABLE) Act.
Effective September 8, 2018
This rule describes a qualified achieving a better life experience (ABLE) account and its effect on the determination of eligibility for Washington apple health coverage.
- A qualified ABLE account:
- Is established and maintained by a state, or its designated agency or entity;
- Meets federal requirements under 26 U.S.C. Sec. 529A; and
- Is used to save funds for the disability related expenses of the account's designated beneficiary.
- This section applies to ABLE account beneficiaries who:
- Are entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act; or
- Meet the blindness or disability requirements under WAC 182-512-0050 (1)(b) and (c).
- The disability or blindness described in subsection (2)(a) or (b) of this section must have occurred before age twenty-six.
- This section does not apply if the total combined annual contributions to an ABLE account exceed the limit under 26 U.S.C Sec. 529A.
- When determining countable income for apple health programs for the account's designated beneficiary, the medicaid agency or the agency's designee does not:
- Count contributions made by a person other then the designated beneficiary to the ABLE account;
- Count funds distributed from the account;
- Count earnings generated by the account, such as accrued interest or dividends; or
- Reduce income used to determine eligibility by the amount of contributions made to the account, including any funds the designated beneficiary may contribute to it.
- When determining eligibility for apple health programs, the agency or the agency's designee excludes as resources:
- The value of an ABLE account, including any earnings generated by the account; and
- Subject to subsection (8) of this section, distributions from the account for qualified disability expenses as long as the beneficiary:
- Maintains an ABLE account;
- Contributes to an ABLE account; or
- Receives distributions from such ABLE account.
- "Qualified disability expense (QDE)" means any expense related to the beneficiary's blindness or disability that is made for the benefit of the beneficiary, including the following expenses:
- Education;
- Housing;
- Transportation;
- Employment training and support;
- Assistive technology and personal support services;
- Health;
- Prevention and wellness;
- Financial management;
- Legal fees;
- Expenses for oversight and monitoring; and
- Funeral and burial expenses.
- Distributions under subsection (6)(b) of this section, which are retained into a subsequent calendar month:
- Remain excluded as resources as long as the distributions are identifiable and the beneficiary still intends to use the distribution for a QDE;
- Are available resources on the first day of a subsequent calendar month if the intent of the beneficiary changes such that the beneficiary will not use the distribution for a QDE; and
- Are available resources on the first day of any subsequent month when the distribution is actually used for a non-QDE.
- The agency or the agency's designee counts as a resource on the first day of the following month any funds distributed for purposes other than paying a QDE expense described in subsection (7) of this section.
- If the beneficiary has multiple ABLE accounts, the agency or the agency's designee applies this section to the first ABLE account established.
- Funds remaining in the ABLE account when the beneficiary dies are subject to estate recovery under chapter 182-527 WAC, less any:
- Outstanding QDE debts; and
- Premium payments made from the ABLE account on behalf of the beneficiary to obtain coverage under the apple health care for workers with disabilities described in WAC 182-511-1000.