WAC 182-512-0250 SSI-related medical — Ownership and availability of resources.

Effective April 27, 2020.

1. The agency considers personal and real property to be available to a Washington apple health applicant or recipient if the applicant or recipient:
   1. Owns the property;
   2. Has the authority to convert the property into cash;
   3. Can expect to convert the property to cash within twenty working days; and
   4. May legally use the property for his or her support.
2. The agency counts the resources of financially responsible persons (as defined in WAC 182-506-0015) who live in the home even if those persons do not receive Washington apple health coverage.
3. For long-term care (LTC) services, cash and other resources transferred by a Washington apple health applicant or recipient or his or her spouse to another to pay for the Washington apple health applicant or recipient's LTC services are considered resources available to the applicant or recipient unless otherwise excluded in this chapter, chapter 182-513 WAC, or chapter 182-516 WAC.
4. A resource is considered available on the first day of the month following the month of receipt unless a rule about a specific type of resource provides for a different time period.
5. A resource that ordinarily cannot be converted to cash within twenty working days is considered unavailable as long as a reasonable effort is being made to convert the resource to cash.
6. A person may provide evidence showing that a resource is unavailable. A resource is not counted if the person shows sufficient evidence that the resource is unavailable.
7. We do not count the resources of victims of family violence, as defined in WAC 388-452-0010, when:
   1. The resource is owned jointly with members of the former household;
   2. Availability of the resource depends on an agreement of the joint owner; or
   3. Making the resource available would place the person at risk of harm.
8. The value of a resource is its fair market value minus encumbrances.
9. Refer to WAC 182-512-0260 to consider additional resources when an alien has a sponsor.

WAC 182-512-0200 SSI-related medical -- Definition of resources.

Effective December 1, 2011

1. A resource is any cash, other personal property, or real property that an applicant, recipient or other financially responsible person:
   1. Owns;
   2. Has the right, authority, or power to convert to cash (if not already cash); and
   3. Has the legal right to use for his/her support and maintenance.
2. The value of a resource may change. However, the property (personal or real) still remains a resource.
3. Some assets are not resources. Any asset that does not meet the criteria in subsection (1) above is not a resource.
4. When an SSI related client owns a bank account or time deposit jointly with others who are also SSI related clients, we consider the funds as being available to the SSI related individuals in equal shares, unless sufficient evidence to the contrary is provided.
5. When an SSI related client owns a bank account or time deposit jointly with others who are not SSI related, we consider all funds in the joint account as available to the client unless sufficient evidence to the contrary is provided.
6. When an SSI related client jointly owns either real or personal property other than bank accounts or time deposits, the department considers that the client owns and has available only his or her fractional interest in the property unless sufficient evidence to the contrary is provided.
7. A resource is countable toward the resource limit only if it is available and is not excluded.

WAC 182-512-0150 SSI-related medical -- Medically needy (MN) medical eligibility.

Effective June 26, 2022.

1. Washington apple health (WAH) medically needy (MN) health care coverage is available for any of the following:
   1. A person who is SSI-related and not eligible for WAH categorically needy (CN) medical coverage because the person has countable income that is above the WAH CN income level (CNIL) (or for long-term care (LTC) recipients, above the special income limit (SIL)):
      1. The person's countable income is at or below WAH MN standards, leaving no spenddown requirement; or
      2. The person's countable income is above WAH MN standards requiring the person to spenddown their excess income (see subsection (4) of this section). See WAC 182-512-0500 through 182-512-0800 for rules on determining countable income, and WAC 182-519-0050 for program standards or chapter 182-513 WAC for institutional standards.
   2. An SSI-related ineligible spouse of an SSI recipient;
   3. A person who meets SSI program criteria but is not eligible for the SSI cash grant due to immigration status or sponsor deeming. See WAC 182-503-0535 for limits on eligibility for aliens;
   4. A person who meets the WAH MN LTC services requirements of chapter 182-513 WAC;
   5. A person who lives in an alternate living facility and meets the requirements of WAC 182-513-1205; or
   6. A person who meets resource requirements as described in chapter 182-512 WAC, elects and is certified for hospice services per chapter 182-551 WAC.
2. A person whose countable resources are above the SSI resource standards is not eligible for WAH MN noninstitutional health care coverage. See WAC 182-512-0200 through 182-512-0550 to determine countable resources.
3. A person who qualifies for services under WAH long-term care programs has different criteria and may spend down excess resources to become eligible for WAH LTC institutional or waiver health care coverage. Refer to WAC 182-513-1315 and 182-513-1395.
4. A person with income over the effective WAH MN income limit (MNIL) described in WAC 182-519-0050 may become eligible for WAH MN coverage when the person has incurred medical expenses that are equal to the excess income. This is the process of meeting spenddown. Refer to chapter 182-519 WAC for spenddown information.
5. A person may be eligible for health care coverage for any or all of the three months immediately prior to the month of application, if the person has:
   1. Met all eligibility requirements for the months being considered; and
   2. Received medical services covered by medicaid during that time.
6. A person who is eligible for WAH MN without a spenddown is certified for up to 12 months. For a person who must meet a spenddown, refer to WAC 182-519-0110. For a person who is eligible for a WAH long-term care MN program, refer to WAC 182-513-1395 and 182-513-1315.
7. A person must reapply for each certification period. There is no continuous eligibility for WAH MN.

WAC 182-512-0100 SSI-related medical -- Categorically needy (CN) medical eligibility.

Effective April 14, 2014.

1. Washington apple health (WAH) categorically needy (CN) coverage is available for an SSI-related person who meets the criteria in WAC 182-512-0050, SSI-related medical—General information.
2. To be eligible for SSI-related WAH CN medical programs, a person must also have:
   1. Countable income and resources at or below the SSI-related WAH CN medical monthly standard (refer to WAC 182-512-0010) or be eligible for an SSI cash grant but choose not to receive it; or
   2. Countable resources at or below the SSI resource standard and income above the SSI-related WAH CN medical monthly standard, but the countable income falls below that standard after applying special income disregards as described in WAC 182-512-0880; or
   3. Met requirements for long-term care (LTC) WAH CN income and resource requirements that are found in chapters 182-513 and 182-515 WAC if wanting LTC or waiver services.
3. An ineligible spouse of an SSI recipient is not eligible for noninstitutional SSI-related WAH CN health care coverage. If an ineligible spouse of an SSI recipient has dependent children in the home, eligibility may be determined for health care coverage under the WAH medically needy program or for a modified adjusted gross income-based program.

WAC 182-512-0050 SSI-related medical -- General information.

Effective April 14, 2014.

1. The agency (which includes its designee for purposes of this chapter) provides health care coverage under the Washington apple health (WAH) categorically needy (CN) and medically needy (MN) SSI-related programs for SSI-related people, meaning those who meet at least one of the federal SSI program criteria as being:
   1. Age sixty-five or older;
   2. Blind with:
      1. Central visual acuity of 20/200 or less in the better eye with the use of a correcting lens; or
      2. A field of vision limitation so the widest diameter of the visual field subtends an angle no greater than twenty degrees.
   3. Disabled:
      1. "Disabled" means unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, which:
         1. Can be expected to result in death; or
         2. Has lasted or can be expected to last for a continuous period of not less than twelve months; or
         3. In the case of a child seventeen years of age or younger, if the child suffers from any medically determinable physical or mental impairment of comparable severity.
      2. Decisions on SSI-related disability are subject to the authority of:
         1. Federal statutes and regulations codified at 42 U.S.C. Section 1382c and 20 C.F.R., parts 404 and 416, as amended; and
         2. Controlling federal court decisions, which define the OASDI and SSI disability standard and determination process.
2. A denial of Title II or Title XVI federal benefits by SSA solely due to failure to meet the blindness or disability criteria is binding on the agency unless the applicant's:
   1. Denial is under appeal in the reconsideration stage in SSA's administrative hearing process, or SSA's appeals council; or
   2. Medical condition has changed since the SSA denial was issued.
3. The agency considers a person who meets the special requirements for SSI status under Sections 1619(a) or 1619(b) of the Social Security Act as an SSI recipient. Such a person is eligible for WAH CN health care coverage under WAC 182-510-0001.
4. Persons referred to in subsection (1) must also meet appropriate eligibility criteria found in the following WAC and EA-Z Manual sections:
   1. For all programs:
      1. WAC 182-506-0015, Medical assistance units;
      2. WAC 182-504-0015, Categorically needy and WAC 182-504-0020, Medically needy certification periods;
      3. Program specific requirements in chapter 182-512 WAC;
      4. WAC 182-503-0050, Verification;
      5. WAC 182-503-0505, General eligibility requirements for medical programs;
      6. WAC 182-503-0540, Assignment of rights and cooperation;
      7. Chapter 182-516 WAC, Trusts, annuities and life estates.
   2. For LTC programs:
      1. Chapter 182-513 WAC, Long-term care services;
      2. Chapter 182-515 WAC, Waiver services.
   3. For WAH MN, chapter 182-519 WAC, Spenddown;
   4. For WAH HWD, program specific requirements in chapter 182-511 WAC.
5. Aliens who qualify for medicaid coverage, but are determined ineligible because of alien status may be eligible for programs as specified in WAC 182-507-0110.
6. The agency pays for a person's medical care outside of Washington according to WAC 182-501-0180.
7. The agency follows income and resource methodologies of the supplemental security income (SSI) program defined in federal law when determining eligibility for SSI-related medical or medicare savings programs unless the agency adopts rules that are less restrictive than those of the SSI program.
8. Refer to WAC 182-504-0125 for effects of changes on medical assistance for redetermination of eligibility.

WAC 182-512-0010 Supplemental security income (SSI) standards, SSI-related categorically needy income level (CNIL), and countable resource standards.

Effective January 27, 2019

1. The SSI payment standards, also known as the federal benefit rate (FBR), change each January 1st.
2. See WAC 388-478-0055 for the amount of the state supplemental payments (SSP) for SSI recipients.
3. See WAC 182-513-1205 for standards of clients living in an alternate living facility.
4. The SSI-related CNIL standards are the same as the SSI payment standards for single persons and couples. Those paying out shelter costs have a higher standard than people who have supplied shelter.
5. The countable resource standards for SSI and SSI-related CN medical programs are:
   1. One person                          $2,000
   2. A legally married couple        $3,000

WAC 182-511-1250 Apple health for workers with disabilities (HWD) -- Premium payments.

Effective June 3, 2025

This section describes how the Medicaid agency calculates the premium amount a person must pay for apple health 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:
   1. Income is considered available and owned when it is:
      1. Received; and
      2. Can be used to meet the person's needs for food, clothing, and shelter, except as described in WAC 182-512-0600(5) and 182-512-0650.
   2. Income is considered unavailable when it is:
      1. Described in 20 C.F.R. Sec. 416.1103.
      2. Used to pay the fee described in WAC 182-512-0800 (5).
3. The HWD premium amount equals the lesser of the two following amounts:
   1. A total of the following (rounded down to the nearest whole dollar):
      1. Fifty percent of unearned income above the medically needy income level (MNIL) described in WAC 182-519-0050; plus
      2. Five percent of total unearned income; plus
      3. Two and one-half percent of earned income after first deducting $65; or
   2. Seven and one-half percent of countable income described in subsection (2) of this section, including both earned and unearned income.
4. When determining the premium amount, the agency will use the currently verified income amount until a change in income is reported and processed, unless good cause for delay in verifying changes exists.
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 benefit month.
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 that establishes eligibility is received by the agency.
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 months that have passed during determination of eligibility.
9. As described in WAC 182-511-1050 (3)(b), the agency will close HWD coverage if premiums are not paid in full for four consecutive months.
10. The person must pay the monthly premium in full to avoid losing HWD coverage. If a person makes a partial payment, the payment does not count as a full payment toward the premium.
11. Payments received are applied to premiums owed in the following order:
    1. If retroactive coverage is requested, the retroactive coverage month(s);
    2. Past due months, beginning with the most delinquent month;
    3. The current coverage month that has been invoiced; then
    4. Future coverage months.
12. A person must pay a premium for any month that HWD coverage is provided. This includes months when a redetermination of coverage is made, and months when continued coverage that is requested, pending the outcome of an administrative hearing.

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

Effective January 1, 2020

This section describes the employment requirements for the basic coverage group (BCG) and the medical improvement group (MIG) for the apple health for workers with disabilities (HWD) program.

1. For the purpose of the HWD program, employment means a person:
   1. Gets paid for working;
   2. Has earnings that are subject to federal income tax; and
   3. 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:
   1. Working at least forty hours per month; and
   2. Earning at least the local minimum wage as described under section 6 of the Fair Labor Standards Act (29 U.S.C. 206).
4. For a person who is self-employed, the examples described in the Social Security Administration Program Operations Manual System (POMS) provide guidance when determining whether someone meets the HWD work requirements. (See SSA POMS Section SI 00820.200, https://secure.ssa.gov/apps10/poms.nsf/lnx/0500820200). The guidelines described in POMS for determining the existence of a trade or business may also be used when making this determination. (See SSA POMS Section RS 01802.010, https://secure.ssa.gov/apps10/poms.nsf/lnx/0301802010).

WAC 182-511-1150 Apple health for workers with disabilities (HWD) -- Disability requirements.

Effective January 1, 2020

This section describes the disability requirements for the following groups of individuals who may qualify for the apple health for workers with disabilities (HWD) program.

1. A person age sixteen through age sixty-four must meet the requirements of the Social Security Act in section 1902 (a) (10) (A) (ii):
   1. (XV) for the basic coverage group (BCG); or
   2. (XVI) for the medical improvement group (MIG).
2. The BCG consists of individuals who:
   1. Meet federal disability requirements for the Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) program; or
   2. Are determined by the department of social and health services (DSHS), division of disability determination services (DDDS), to meet federal disability requirements for the HWD program.
3. The MIG consists of individuals who:
   1. Were previously eligible and approved for the HWD program as a member of the BCG; and
   2. 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). For these people, a continuation of HWD coverage is provided to help them maintain their employment.
4. A person sixty-five or older, must meet federal disability requirements as determined by the DSHS DDDS. Coverage under the MIG is not available under federal law for persons age sixty-five or older. Coverage for this age group is authorized under the Balanced Budget Act of 1997 as described under section 1902 (a)(10)(A)(ii)(XIII).
5. When completing a disability determination for the HWD program, DDDS will not determine a person not disabled based only on earnings or the performance of substantial gainful activity (SGA). (See SSA POMS Section DI 10501.001, https://secure.ssa.gov/apps10/poms.nsf/Home?readform).

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

Effective January 1, 2020

This section describes requirements for retroactive coverage provided under the apple health 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.
2. To qualify for retroactive coverage under the HWD program, a person must first:
   1. Meet all program requirements described in WAC 182-511-1050 for each month of the retroactive period; and
   2. Pay the premium amount for each month requested within one hundred twenty days of being billed for such coverage.
3. Payment must be received for each month requested of retroactive coverage before such coverage is approved.