Equal Access - Necessary Supplemental Accommodation (NSA) and long-term services and supports

Revised date
Purpose statement

To explain Aging and Long Term support administration (ALTSA) policies related to NSA and long-term care.

Necessary Supplemental Accommodation (NSA) is also known as equal access (EA)

NSA-Equal Access and clients receiving long term services and supports (LTSS)

Apple Health Equal access services Aging and Long-Term support administration (ALTSA) has additional policies for individuals receiving ALTSA services.

Refer to chapter 3 of the long-term care manual used by ALTSA/HCS social services for the responsibilities of the HCS SW or AAA case manager. All ALTSA LTSS clients are treated as if they are NSA and their special needs are documented in the CARE assessment tool.

Individuals who have a mental, neurological, physical, or sensory impairment or other problems that prevent them from getting program benefits in the same way as those who are not impaired are considered in need of necessary supplemental accommodation/Equal Access. (WAC 182-503-0120)

Developmental Disabilities Administration (DDA) follows Policy 5.02 Necessary Supplemental Accommodation in the DDA policy manual.

ALTSA/HCS Financial Worker Responsibilities

  • Currently ALTSA individuals are presumed to be designated NSA (Necessary Supplemental Accommodation now known as Equal Access (EA)). EA accommodation plans are documented in ALTSA case files Comprehensive Assessment Reporting and Evaluation (CARE). NSA screens do not need to be completed in the ACES system as long as the plan is documented in CARE.
  • If requested information needed to complete an application is not received, refer to the assigned social worker or case manager using the 07-104 for assistance in getting the needed information into the office.  Check for a response after 10 days and make sure to contact the social worker or case manager regarding the status prior to denying the application.
  • If an eligibility review or request for information to establish eligibility is overdue and information has been sent to the client with no response, refer to the individual social worker or case manager using the 07-104 for assistance in getting the needed information into the office. Do not terminate LTC with an overdue review prior to NSA steps taken.
  • Complete a 07-104 referral to the client social worker or case manager requesting assistance in providing necessary information. Clearly indicate on the referral what is needed for continued eligibility and what is needed to assist the individual in providing that information.
  • Make sure all attempts to assist the ALTSA client is documented including phone calls to the client, referrals or discussions with the social worker or case manager.

It is the policy of ALSTA to ensure all clients receiving LTC services are given the required NSA/EA to services. See Renewals for complete instructions on processing late reviews.

Modified Adjusted Gross Income (MAGI) - based institutional Apple Health

Revised date
Purpose statement

Institutional coverage for individuals eligible under a MAGI based program: 

With the exception of Alien Emergency Medical and Apple Health Expansion, all MAGI-based N-track programs provide nursing facility coverage or Medicaid Personal Care (MPC) coverage, if functionally eligible.

Individuals who are needing services in a medical institution such as a hospital, nursing facility or Children's Long-term Inpatient Program (CLIP) and exceed the income limit for N-track programs may be eligible under the MAGI-based long-term care program, otherwise known as K01.

The eligibility for this program described below is determined by staff at the Health Care Authority (HCA).

WAC 182-514-0230 Purpose

WAC 182-514-0230 Purpose.

Effective February 25, 2023.

  1. This chapter describes eligibility requirements for the Washington apple health (WAH) modified adjusted gross income (MAGI)-based long-term care program (LTC) for children and adults who have been admitted to an institution as defined in WAC 182-500-0050 for at least 30 days. The rules are stated in the following sections:
    1. WAC 182-514-0240 General eligibility;
    2. WAC 182-514-0245 Resource eligibility;
    3. WAC 182-514-0250 Program for adults age 19 and older;
    4. WAC 182-514-0260 Program for children under age nineteen;
    5. WAC 182-514-0263 Non-SSI-related institutional medically needy coverage for pregnant women and people age 20 and younger.
    6. WAC 182-514-0270 Involuntary commitment to Eastern or Western State Hospital.
  2. A noninstitutional WAH program recipient does not need to submit a new application for LTC coverage if admitted to an institution under this section. Admission to an institution constitutes a change of circumstances. Eligibility is based on institutional status under WAC 182-513-1320.
  3. In this chapter, "medicaid agency" or "agency" means the Washington state health care authority and includes the agency's designee. See chapter 182-500 WAC for additional definitions.
  4. Income standards used in this chapter are listed at www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/program-standard-income-and-resources.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-514-0240 General eligibility

WAC 182-514-0240 General eligibility.

Effective February 29, 2016.

  1. To be eligible for modified adjusted gross income (MAGI) - based long-term care (LTC) coverage under this section, a person must:
    1. Meet institutional status under WAC 182-513-1320;
    2. Meet the general eligibility requirements under WAC 182-503-0505, unless the applicant is a noncitizen, in which case WAC 182-503-0505 (3) (c) and (d) do not apply;
    3. Have countable income below the applicable standard described in WAC 182-514-0250 (2) or 182-514-0260 (3), unless the applicant is eligible as medically needy;
    4. Satisfy the program requirements in WAC 182-514-0250 and 182-514-0260; and
    5. Meet the nursing facility level of care under WAC 388-106-0355 if admitted to a nursing facility for nonhospice care. Hospice patients are exempt from this requirement.
  2. A person age nineteen or older who does not meet the citizenship or immigration requirements under WAC 182-503-0535 to qualify for medicaid must meet the criteria in subsection (1) of this section and:
    1. Have a qualifying emergency condition and meet the requirements under WAC 182-507-0115 and 182-507-0120; or
    2. Meet the requirements under WAC 182-507-0125 if the person needs LTC coverage in a nursing facility.
  3. If a person meets institutional status, the medicaid agency counts only income received by the person or on behalf of the person when determining eligibility.
  4. A person who meets the federal aged, blind, or disabled criteria may qualify for coverage under chapter 182-513 WAC.
  5. A person who receives supplemental security income (SSI) is not eligible for the MAGI-based LTC program.
  6. If a person does not meet institutional status, the agency determines the person's eligibility for a noninstitutional medical program.
  7. A person eligible for categorically needy or medically needy coverage under a noninstitutional program who is admitted to a nursing facility for fewer than thirty days is only approved for coverage for the nursing facility room and board costs if the person meets the nursing facility level of care as described under WAC 388-106-0355.
  8. A MAGI-based LTC recipient is not required to pay toward the cost of care.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-514-0245 Resource eligibility

WAC 182-514-0245 Resource eligibility.

Effective February 29, 2016.

Applicants for and recipients of the modified adjusted gross income (MAGI)-based long-term care program are exempt from the transfer-of-asset evaluation under WAC 182-513-1363, and there is no resource test. 

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-514-0260 Institutional program for children under age nineteen

WAC 182-514-0260 Institutional program for children under age nineteen.

Effective July 1, 2017

  1. To qualify for the modified adjusted gross income (MAGI)-based long-term care (LTC) program under this section, you (a child under age nineteen) must meet:
    1. The general eligibility requirements in WAC 182-514-0240; and
    2. Program requirements under WAC 182-505-0210 or 182-505-0117.
  2. If you are eligible for the premium-based children's program under WAC 182-505-0215, we redetermine your eligibility under this section so that your family is not required to pay the premium.
  3. The categorically needy (CN) income level for LTC coverage under this section is two hundred ten percent of the federal poverty level after the standard five percentage point income disregard.
  4. To determine countable income for CN coverage under this section, we apply the MAGI methodology under chapter 182-509 WAC.
  5. We approve CN coverage under this section for twelve calendar months (certification period). If you are discharged from the facility before the end of the certification period, the child remains continuously eligible for CN coverage through the certification period, unless you age out of the program, move out-of-state, or die.
  6. If you are not eligible for CN coverage under this section, we determine your eligibility for coverage under the institutional medically needy program described in WAC 182-514-0263.
  7. The institution where you reside may submit an application on your behalf and may act as your authorized representative if you are:
    1. In a court-ordered, out-of-home placement under chapter 13.34 RCW; or
    2. Involuntarily committed to an inpatient treatment program by a court order under chapter 71.34 RCW.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-514-0270 Involuntary commitment to Eastern or Western State Hospital

WAC 182-514-0270 Involuntary commitment to Eastern or Western State Hospital.

Effective February 29, 2016.

  1. A person who is involuntarily committed to Eastern or Western State Hospital under chapter 71.34 RCW is eligible for categorically needy (CN) coverage if the person:
    1. Is under age twenty-one;
    2. Meets institutional status under WAC 182-513-1320; and
    3. Has countable income below:
      1. Two hundred ten percent of the federal poverty level if under age nineteen; or
      2. One hundred thirty-three percent of the federal poverty level if age nineteen or twenty.
  2. A person who is involuntarily committed or receives MAGI-based long-term care coverage at Eastern or Western State Hospital in the month of the person's twenty-first birthday and receives active inpatient psychiatric treatment that will likely continue through the person's twenty-first birthday, is eligible for CN coverage until:
    1. The facility discharges the person; or
    2. The end of the month in which the person turns twenty-two, whichever occurs first.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

How does a person become eligible for Apple Health MAGI-based long-term care? (K-track)

The person meets institutional status when they have resided in a medical institution or based on department assessment or likely to reside in a medical institution for 30 consecutive days or more. For the agency to use institutional rules in a hospital setting, the person must have been in the medical facility continuously for 30 days. If a person discharges from hospital to a nursing home with no break, the hospital days count towards the 30 day limit. A person admitted to a nursing facility must meet nursing facility level of care. 

How do I apply for Apple Health MAGI-based long-term care (K-track)?

Apply online at the Washington Healthplanfinder website. On the Additional Screening Questions page, answer yes to the question that asks if anyone in the household needs long-term care and indicate that you or the applicant is residing in a hospital or other medical facility setting.

For hospitals assisting a patient with an application:

If free Apple Health coverage is not approved, send a follow-up email to K01App@hca.wa.gov and provide the following information:

  • Subject line: "K01 App - Child's first name and last name"
  • Email template (Required information):
    • HPF Application Number
    • Name of the head of household and DOB
    • Date admitted to the hospital
    • Date of discharge (if known)
    • Will this child be in the facility for 30 days or longer? (Yes/No)
    • Your contact information and an AREP form or client release if the applicant wants the agency to be able to discuss the application with you.

Note: By submitting the online application HCA can ensure that coverage is looked at for all household members and enables HCA to open continued coverage for the child at discharge. If the child is eligible for free Apple Health coverage in the Washington Healthplanfinder, no additional information is needed.

If facilities receive a paper application (18-001), these should be imaged and emailed to K01App@hca.wa.gov.

What about citizenship – is this program just for US citizens?

US citizens, US nationals, and noncitizens who are lawfully admitted for permanent residence who have met the 5-year bar may be eligible. Children under the age of 19 may be eligible without regard to citizenship. 

Adults who are hospitalized 30 days or more may qualify under the Alien Emergency Medical (AEM) K03 program if they meet the requirements under the acute and emergent criteria for inpatient hospitalization.

Please refer to Clarifying Information under the AEM chapter on Apple Health Alien Medical programs for instructions on how to process applications.

Whose income is counted?

Once the person has met the 30-day requirement, only the countable MAGI-based income of the institutionalized person is counted.

What is the maximum income limit?

This is dependent upon the age of the individual person. See below:

  • Children aged 18 and younger - 215% of the FPL (federal poverty level).
  • Adults 19 and older - 138% FPL.
  • Pregnant applicants - 215% FPL

What if income is over the CN standard – is medically needy coverage available?

Medically needy (MN) coverage is available for children and adults through the age of 21. There is no MN coverage for adults over the age of 21 (unless the person is already in treatment in an inpatient psychiatric facility in which case, they remain eligible until they discharge or turn 22, whichever occurs first).

What about assets? Is there a resource limit?

There is no asset test.

When is K01 (institutional medical) considered for adults?

K01 can be used for an adult if they meet the following criteria, and the person is not eligible for MAGI based coverage through the Washington Healthplanfinder:

  • They must have been hospitalized or reside in a medical facility for 30 days or longer.
  • Their individual net countable income is below 138% FPL per month or 215% FPL per month for pregnant applicants.
  • They do not have to meet disability criteria for the K01 program.

What about long-term psychiatric treatment?

Adults between the age of 21 and 65 are not eligible for Apple Health if they are admitted to a long-term psychiatric treatment program at Western or Eastern State hospital. Persons under the age of 21 may qualify for coverage for inpatient psychiatric treatment. If the person is in treatment and turns 21 at the facility, Apple Health can stay open until they discharge or they turn 22 whichever happens first. (Adults age 65 and older may also qualify for Medicaid under the SSI-related long-term care program).

How long does eligibility last?

K01 is categorically needy (CN) medical coverage and is initially approved with a 12-month certification. Children under the age of 19 remain continuously eligible for the full 12 months even if they discharge from the facility. Children under age 6 are continuously eligible through the month they turn 6. Noninstitutional MAGI- based health care coverage should be opened for any remaining months of the certification period. Adults aged 19 or older will have eligibility redetermined when they leave the facility.

What happens if the family is over income at the time of renewal?

If a child discharges from a medical facility and is active on a K01, HCA will change this to Apple Health for Kids without premiums for the remainder of their certification period. At renewal, if the family is over income for a noninstitutional medical program, they may choose to enroll the child into a spenddown and/or a qualified health plan through Washington Healthplanfinder if eligible.

What happens when the renewal has not been sent back?

If the individual fails to submit a completed renewal, the medical coverage will close at the end of the certification period.

Does a person eligible for MAGI-based long-term care pay towards the cost of care?

A MAGI-based long-term care recipient is not required to pay toward the cost of care.

What else should the client be aware of?

The person may be subject to Estate Recovery provisions for long-term care services received.

If a child is eligible for Apple Health for Kids with Premiums, the Agency redetermines eligibility under K01 so the family does not pay a premium and the child can receive a year of CN coverage.

Is an institutional award letter issued for MAGI-based programs?

For MAGI-based N-track programs through Washington Healthplanfinder, no institutional award letter is issued.

For nursing facilities and hospitals, these are paid as a claim through Provider One.

For MAGI-based K-track programs, an institutional award letter will be issued by HCA.

Managed Care and Long-term Care: scroll to: Nursing Home Admissions under a modified adjust gross income (MAGI) medical group.

Determining the value of life estates

Revised date
Purpose statement

To explain how to determine the value of a life estate.

Federal SSI programs and operations manual system (POMS) tables

To determine the value of a life estate:

  1. First, find the line for the person's age as of the last birthday in the link above.
  2. Then, multiply the figure in the life estate column for that age by the current market value of the property.
  3. The result is the value of the life estate.

Life estates

Revised date
Purpose statement

Describe and clarify rules on how a life estate affects Medicaid eligibility.

WAC 182-516-0300 Life estates

WAC 182-516-0300 Life estates

Effective March 2, 2018

  1. "Life estate" means an ownership interest in real property only during the lifetime of a specified person.
  2. Subject to subsection (3) of this section, a life estate is an available resource, unless it is either excluded or unavailable un­der chapter 182-512 WAC.
  3. For someone applying for or receiving long-term services and supports, a life estate interest is subject to the home equity limits under:
    1. WAC 182-513-1350 for institutional and home and community- based (HCB) waiver programs; and
    2. WAC 182-513-1215 for community first choice.
  4. For clients of institutional or HCB waiver services:
    1. If the remainder interest was transferred for less than fair market value, the medicaid agency or the agency's designee will evalu­ate the transaction as an asset transfer under WAC 182-513-1363. "Re­mainder interest" is the fair market value of the property at the time the client transferred it and retained a life estate, minus the value of the life estate at the time of that transfer.
    2. If a client purchased a life estate but has not lived in the property for at least one year after the purchase, the purchase price of the life estate is an uncompensated asset transfer under WAC 182-513-1363.
    3. If a client purchased a life estate and has lived in the property for more than one year, it is not an uncompensated transfer, unless the purchase price for the life estate exceeded the value of the life estate. Any amount paid for a life estate in excess of the value of the life estate is an uncompensated transfer under WAC 182-513-1363.
  5. To calculate the value of a life estate:
    1. Identify the person whose life determines the length of the life estate;
    2. Identify whether uncompensated value or home equity is being calculated:
      1. If calculating uncompensated value under subsection (4)(a) or (c) of this section, identify that person's age on the person's last birthday before the transfer; or
      2. If determining whether home equity requirements are met un­ der subsection (3) of this section, identify that person's age on the person's most recent birthday; and
    3. Multiply the property's fair market value by the life estate factor corresponding to that person's age in the Life Estate and Re­mainder Interest Tables maintained by the Social Security Administra­tion.
  6. To calculate the remainder interest, subtract the value in subsection (5) of this section from the property's fair market value at the time of the transaction that created the life estate.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying information

General

A life estate is an ownership interest in real property where the life estate owner (“life tenant”) has the right to possess the property during their lifetime. Upon the passing of the life tenant, the life estate reverts to an original owner (or somebody else) and the life estate ceases to exist. While the life estate exists, the “rest” of the property is called the remainder. The remainder is what is left of the entirety of property rights that are burdened by the life estate.

The parties and rights to a life estate can get complicated, but most life estates are set up in the following way:

  • The life estate owner (the life tenant) is also the measuring life. The length of the life estate interest is linked to the life of the life tenant
  • The life tenant’s rights are not burdened in any way – they can possess, use, enjoy, rent, etc., the property. Generally, the only restriction a life tenant has is that they cannot “waste” the property (damage or destroy the value of the property)

Because a life estate is an interest in real property, it is a resource for the purposes of Medicaid, and has a value based on the fair market value (FMV) of the underlying property and the age of the life tenant. The total FMV of the property is made of the life estate plus the remainder.

A life estate can be a home as described under WAC 182-512-0350 (1)(b). This means the life estate can be excluded as the home, but is also subject to home equity limits for most long-term services and supports (LTSS) programs.

Example: Sally sold her home to her son Jared, but retained a life estate. Sally’s life estate allows her to possess the property until she passes away. Sally owns a life estate and Jared owns the remainder. Sally’s life estate can be excluded as Sally’s home for Medicaid, but the value of the life estate is subject to the home equity limits if Sally applies for LTSS. When Sally passes away Jared alone owns the home.

Example: Gerrard sold his home because he wants to live closer to his grandchildren. Gerrard bought a life estate in Side B of a duplex owned by his daughter and son-in-law. Gerrard’s life estate allows him to possess the property until he passes away. Gerrard owns a life estate and his daughter and son-in-law own the remainder. Gerrard’s life estate can be excluded as Gerrard’s home for Medicaid, but the value of the life estate is subject to the home equity limits if Gerrard applies for LTSS. When Gerrard passes away his daughter and son-in-law alone own the home (just like they previously did before selling the life estate to Gerrard).

Valuing life estates

The value of a life estate is almost exclusively based on the FMV of the underlying property and the life expectancy of the life tenant. The higher the FMV of the property, the higher the value of the life estate. Further, the longer the life tenant is expected to live, the higher the value of the life estate is in comparison to the remainder.

There are two times when a valuation of a life estate is needed:

  • The transaction that created the life estate is in the lookback period for long-term care (LTC) and you need to determine whether there is any uncompensated value in the transaction (e.g., the client did not received sufficient consideration for the remainder or the client paid too much for a life estate)
  • You are determining whether the value of the life estate meets the home equity requirements for LTSS

How to determine the value of a life estate (remainder):

  • Determine the date you will evaluate FMV (either the transaction date for transfer purposes or the current date for home equity requirements)
  • Determine the FMV of the property as of that date
  • Determine the life tenant’s age as of their last birthday prior to that date
  • Look up the life estate (remainder) factor for the life tenant’s age on Social Security’s Life Estate and Remainder Interest Tables
  • Multiply the FMV of the property by the life estate (remainder) factor
  • The result is the value of the life estate (remainder)

Example: Sally sold her home to her son Jared, but retained a life estate. Sally was 78 years old on the date she sold her home. The FMV of the home was $400,000 and Jared paid $10,000 for the remainder. The life estate factor (“f”) is 0.47049. (FMV x f) = $400,000 x 0.47049 = $188,196. The FMV of the remainder is $400,000 - $188,196 = $211,804. Because Jared only paid $10,000 for something worth $211,804, there is $201,804 in uncompensated value.

Example: Gerrard sold his home because he wants to live closer to his grandchildren. Gerrard bought a life estate in Side B of a duplex owned by his daughter and son-in-law. Gerrard was 69 years old on the day he bought the life estate. The FMV of Side B was $300,000 and Gerrard paid $185,000 for the life estate. The life estate factor (“f”) is 0.62086. (FMV x f) = $300,000 x 0.62086 = $186,258. Garrard paid $185,000 for something worth $186,258.

Worker responsibilities

Review any life estates the client or a financially responsible member of their AU owns or any transactions related to life estates in the LTC lookback period.

For LTC, if there is a life estate transaction with the lookback period, review the transaction to determine whether any uncompensated value exists and if there will be a transfer penalty.

If the client or financially responsible member of the AU owns a life estate, determine whether the life estate is countable or not. In addition, for applicable LTSS programs, determine whether the home equity limit applied and if the life estate is within the limits.

Related links

Annuities

Revised date
Purpose statement

To describe and clarify rules on how annuities affect eligibility.

WAC 182-516-0200 Annuities established prior to April 1, 2009

WAC 182-516-0200 Annuities established prior to April 1, 2009

Effective March 2, 2018

  1. A revocable annuity is considered an available resource.
  2. An irrevocable annuity established prior to May 1, 2001, is not an available resource when issued by an individual, in­ surer, or other body licensed and approved to do business in the ju­risdiction in which the annuity is established.
  3. The income from an irrevocable annuity that meets the requirements of this section is income for determining eligibility and the amount of participation in the total cost of care. The annuity itself is not a re­source.
  4. Subject to subsection (5) of this section, an annuity established on or after May 1, 2001, and before April 1, 2009, is an available resource unless it:
    1. Is irrevocable;
    2. Is paid out in equal monthly amounts within the actuarial life expectancy of the annuitant;
    3. Is issued by an individual, insurer, or other body licensed and approved to do business in the jurisdiction in which the annuity is established; and
    4. Names the state of Washington as the benefi­ciary of the remaining funds up to the total of medicaid funds spent on the client during the client's lifetime. This subsection only ap­plies if the annuity is in the client's name.
  5. If an irrevocable annuity is an availa­ble resource under subsection (4) of this section because it does not pay out in equal monthly amounts, it is an unavailable resource if:
    1. The full pay out is within the actuarial life expectancy of the client; and
    2. The client:
      1. Changes the scheduled pay out into equal monthly payments within the actuarial life expectancy of the annuitant; or
      2. Requests that the medicaid agency or the agency's designee calculate and budget the payments as equal monthly payments within the actuarial life expectancy of the annuitant. The income from the annuity remains unearned income to the annuitant.
  6. An irrevocable annuity is unearned income when the annuitant is:
    1. The client;
    2. The spouse of the client;
    3. The blind or disabled child, as defined in WAC 182-512-0050 (1)(b) and (c), of the client; or
    4. A person designated to use the annuity for the sole benefit of the client, client's spouse, or a blind or disabled child, as de­ fined in WAC 182-512-0050 (1)(b) and (c), of the client.
  7. An annuity is not an available resource when there is a joint owner, co-annuitant or an irrevocable beneficiary who will not agree to allow the annuity to be cashed, unless the joint owner or irrevocable beneficiary is the community spouse. In the case of a community spouse, the value of the annuity is an available resource and counts toward the maximum community spouse resource allowance.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-516-0201 Annuities established on or after April 1, 2009

WAC 182-516-0201 Annuities established on or after April 1, 2009

Effective March 2, 2018

  1. The medicaid agency or the agency's designee determines how an annui­ty, purchased by or on behalf of an annuitant and established on or after April 1, 2009, affects eligibility for medicaid.
  2. General information.
    1. Clients of noninstitutional medicaid must disclose to the agency or the agency's designee any interest that client, or the fi­nancially responsible members of that client's assistance unit, has in an annuity.
    2. Clients of institutional or home and community-based (HCB) waiver services must disclose to the agency or the agency's designee any interest that client, or that client's community spouse, has in an annuity.
    3. Subject to (d) of this subsection, this section applies when the annuitant is:
      1. The client of medicaid;
      2. That client's spouse, if that spouse is financially respon­sible for that client; or
      3. That client's community spouse.
    4. If this section does not apply because of (c) of this subsec­tion, but the client of institutional or HCB waiver services, or that client's community spouse, is the owner of the annuity, then the pur­chase of the annuity is evaluated as an asset transfer under WAC 182-513-1363.
    5. For the definition of "disabled," see WAC 182-512-0050 (1)(b) and (c).
    6. Actuarial life expectancy in this section is rounded up to the nearest whole year.
  3. Annuities as resources.
    1. Subject to (b) of this subsection, a revocable annuity is an available resource.
    2. The following annuities are not available resources, even if revocable:
      1. An annuity described under 26 U.S.C. Sec. 408(b) or (q); or
      2. An annuity purchased with proceeds from:
        1. An account or trust described under 26 U.S.C. Sec. 408(a), (c), or (p);
        2. A simplified employee pension (within the meaning of 26 U.S.C. Sec. 408(k)); or
        3. A Roth IRA described under 26 U.S.C. Sec. 408A.
    3. An annuity not described under (b) of this subsection is an available resource unless the annuity:
      1. Is issued by an entity licensed and approved to issue annui­ties in the jurisdiction in which the annuity is established;
      2. Is immediate, irrevocable, nonassignable; and
      3. Is paid out, in equal monthly amounts with no deferral and no balloon payments, over a term:
        1. Of at least five years, if the actuarial life expectancy of the annuitant is at least five years; or
        2. Not less than the actuarial life expectancy of the annuitant, if the actuarial life expectancy of the annuitant is less than five years.
    4. If an annuity fails either the immediate requirement under (c)(ii) of this subsection or the monthly payout requirement under (c)(iii) of this subsection, the annuity is not a resource if:
      1. The annuity is fully paid out within the actuarial life ex­pectancy of the annuitant; and
      2. The annuitant:
        1. Changes the scheduled payout to equal monthly payments; or
        2. Asks the agency or the agency's designee to calculate and budget the periodic payments as equal monthly payments beginning the month of eligibility. Periodic payments made before the month of eli­gibility are not included in the calculation.
      3. Nothing under (d) of this subsection affects the deferral or balloon payment requirements under (c)(iii) of this subsection, or the payment term requirements under (c)(iii)(A) or (B) of this subsec­tion.
  4. Annuities as income.
    1. If an annuity is not an available resource under subsection (3) of this section, the payments from the annuity are unearned income to the annuitant.
    2. If an annuity is an available resource under subsection (3) of this section, the payments from the annuity are not income to the annuitant.
  5. An annuity as a transfer of assets.
    1. The purchase of an annuity is an uncompensated asset trans­fer, unless the annuity designates the state of Washington as remain­der beneficiary under subsection (6) of this section.
    2. The purchase of an annuity by the client of institutional or HCB waiver services is an uncompensated asset transfer, unless the an­nuity is an annuity under subsection (3)(b)(i) or (ii) of this sec­tion, or the annuity:
      1. Is issued by an entity licensed and approved to issue annui­ties in the jurisdiction in which the annuity is established;
      2. Is immediate, irrevocable, nonassignable; and
      3. Is paid out, in equal periodic amounts with no deferral and no balloon payments, over a term that is actuarially sound (i.e., a term that is not greater than the actuarial life expectancy of that client).
  6. Beneficiary designation requirements.
    1. Subject to (b) of this subsection, to satisfy subsection (5)(a) of this section, when the client of institutional or HCB waiver services, or that client's community spouse, is the annuitant, the an­nuity must:
      1. Name the states as the remainder beneficiary, for at least the total amount of services covered under medicaid, paid on behalf of the client of institutional or HCB waiver services; and
      2. The remainder beneficiary must be listed in the annuity in the:
        1. First position;
        2. Next position, after the community spouse, and any minor or disabled children; or
        3. First position, if either the community spouse, or any minor or disabled children, or a representative for such children, named as beneficiary in the first position under (a)(ii)(B) of this subsection, transfers the right to receive payments from the annuity for less than fair market value.
    2. When the community spouse is the annuitant, the community spouse, or the community spouse's estate, cannot be named as remainder beneficiary under (a)(ii)(A) of this subsection.
    3. If a change of circumstance requires a change in beneficiary designation under (a) of this subsection, the agency or the agency's designee reevaluates the annuity's beneficiary designation.
  7. Actuarial life expectancy is determined by tables that are published by the office of the chief actuary of the Social Security Administration.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

General

In the Medicaid eligibility context, an annuity is a financial product someone purchases, with a lump sum of funds (called the “premium”), that guarantees a stream of payments for a certain period.

Because some annuities can be converted into cash (sold, assigned, or transferred), an annuity is evaluated to determine whether it is a resource or not.

Because all annuities provide a stream of payments, if an annuity is not a resource, then the stream of payments is unearned income.

Because the purchase of an annuity is an asset transfer, annuities are evaluated to determine whether there is uncompensated value for the purposes of long-term care (LTC) Medicaid penalties.

Annuities as resources

A revocable annuity is an available resource, unless it is established after April 1, 2009, and is the type of annuity described under WAC 182-516-0201(3)(b). This includes irrevocable annuities in the cooling-off period – a grace period that allows an annuitant to cancel an annuity contract within the first several days, because the premium can be returned. Additionally, this includes “assignable” annuities – those can be pledged or promised as collateral in order to obtain goods, services, cash, or other valuable consideration.

An irrevocable annuity is also an available resource if the annuity fails the tests under WAC 182-516-0200(4) and (5), or WAC 182-516-0201(3).

Annuities as income

The stream of payments from an annuity is unearned income when the annuity is not an available resource. If the annuity is an available resource, the stream of payments is not income, but a conversion of a resource into cash. 

Example: Steve is applying for COPES. On April 25th, Steve’s spouse, Joan, purchased an annuity with $100,000 (Joan is the annuitant). Joan can cancel the contract with 15 days of purchase. As of May 1st, all the couple’s other resources total $5,000. The couple’s resources as of May 1st is $105,000 because Joan can cancel the contract and get the $100,000 returned.

Example: Same example as above, except the annuity was purchased on April 5th and the annuity can be used as collateral for a loan (can be assigned). The couple’s resources as of May 1st is $105,000 because Joan can use the annuity to obtain approximately the same value of the annuity as cash.

Example: Same example as above, except the annuity was determined to not be a resource. The annuity pays out $1,200 per month. That $1,200 is unearned income for Joan.

Annuities and uncompensated transfers for LTC

The only annuities subject to LTC transfer rules are those established after April 1, 2009, under WAC 182-516-0201.

The entire purchase price of an annuity is uncompensated when the annuity:

  • Fails to name the state of Washington as remainder beneficiary, either in the first position, or second position as described under WAC 182-516-0201(6).
  • Is not an annuity described under WAC 182-516-0201(3)(b), and ANY condition below is not met. The annuity must be:
    • Issued by an entity licensed and approved to issue annuities in the jurisdiction in which the annuity is established;
    • Immediate;
    • Irrevocable;
    • Nonassignable;
    • Not deferred;
    • Paid out in equal periodic payments; and
    • Actuarially sound (the annuity must pay out within the annuitant’s life expectancy)

Note: An annuity can be both a resource and an uncompensated transfer. If a penalty will be applied, recall that it can only start once the client is otherwise eligible for LTC under WAC 182-513-1363(7)(a). An annuity counting as a resource may make an applicant resource ineligible for LTC.

Example: Same example as above, except Joan named Steve as residual beneficiary, and the annuity was purchased within 5 years of Steve’s COPES application. The entire purchase price of the annuity is an uncompensated transfer because Washington is not named as residual beneficiary in the first position.

Example: Joanna is applying for COPES. On April 25th, Joanna’s spouse, Charlie, purchased an annuity with $100,000 (Charlie is the annuitant). Charlie’s life expectancy is 7 years, and the annuity pays out over 10 years. The entire purchase price of the annuity is an uncompensated transfer because the annuity pays out beyond the annuitant’s life expectancy.

 

Worker responsibilities

Determine if an applicant or their spouse has disclosed any interests in an annuity. If so, determine whether the annuity is an available resource or not. If not, determine the amount of unearned income to the annuitant.

For LTC applicants and their spouses, determine whether the purchase of an annuity is an uncompensated transfer or not.

Notifying the Office of Financial Recovery (OFR)

Notify Kevin Cavanaugh or Jessica Warrington of OFR via a Barcode tickler when any single premium immediate annuity (SPIA) that requires to name the State of Washington as beneficiary to the extent of Medicaid paid. Set up the following DMS tickler:

  • Document type for tickler: TD
  • Subject: Annuity
  • Site: 101
  • User: 
    • Kevin Cavanaugh barcode user CAVK; or
    • Jessica Warrington barcode user WAJN
  • Ready date: Default date is fine

Make sure the annuity is indicated on the appropriate person's resource screen in ACES. Add in the remarks that OFR has been notified of the annuity in the ECR.

Introduction overview

Revised date
Purpose statement

This section describes the eligibility requirements for the various medical programs and coverage administered by the department.

WAC 182-503-0510 Washington apple health -- Program summary

WAC 182-503-0510 Washington apple health -- Program summary.

Effective February 7, 2025

  1. The agency categorizes Washington apple health programs into three groups based on the income methodology used to determine eligibility:
    1. Those that use a modified adjusted gross income (MAGI)-based methodology described in WAC 182-509-0300, called MAGI-based apple health programs;
    2. Those that use an income methodology other than MAGI, called non-MAGI-based apple health programs, which include:
      1. Supplemental security income (SSI)-related apple health programs;
      2. Temporary assistance for needy families (TANF)-related apple health programs; and
      3. Other apple health programs not based on MAGI, SSI, or TANF methodologies.
    3. Those that provide coverage based on a specific status or entitlement in federal rule and not on countable income, called deemed eligible apple health programs.
  2. MAGI-based apple health programs include the following:
    1. Apple health parent and caretaker relative program described in WAC 182-505-0240;
    2. MAGI-based apple health adult medical program described in WAC 182-505-0250, for which the scope of coverage is called the alternative benefits plan (ABP) described in WAC 182-500-0010;
    3. Apple health pregnancy and after-pregnancy coverage described in WAC 182-505-0115;
    4. Apple health for kids program described in WAC 182-505-0210 (3)(a);
    5. Premium-based apple health for kids described in WAC 182-505-0215;
    6. Apple health long-term care for children and adults described in chapter 182-514 WAC; 
    7. Apple health alien emergency medical program described in WAC 182-507-0110 through 182-507-0125 when the person is eligible based on criteria for a MAGI-based apple health program.
    8. Apple health expansion program for people who are age 64 or younger as described in chapter 182-525 WAC.
  3. Non-MAGI-based apple health programs include the following:
    1. SSI-related programs which use the income methodologies of the SSI program (except where the agency has adopted more liberal rules than SSI) described in chapter 182-512 WAC to determine eligibility:
      1. Apple health for workers with disabilities (HWD) described in chapter 182-511 WAC;
      2. Apple health SSI-related programs described in chapters 182-512 and 182-519 WAC;
      3. Apple health long-term care and hospice programs described in chapters 182-513 and 182-515 WAC;
      4. Apple health medicare savings programs described in chapter 182-517 WAC; 
      5. Apple health alien emergency medical (AEM) programs described in WAC 182-507-0110 and 182-507-0125 when the person meets the age, blindness or disability criteria specified in WAC 182-512-0050; and
      6. Apple health expansion program for people who are age 65 and older as described in chapter 182-512 WAC.
    2. TANF-related programs which use the income methodologies based on the TANF cash program described in WAC 388-450-0170 to determine eligibility, with variations as specified in WAC 182-509-0001(5) and program specific rules:
      1. Apple health refugee medical assistance (RMA) program described in WAC 182-507-0130; and
      2. Apple health medically needy (MN) coverage for pregnant people and children who do not meet SSI-related criteria.
    3. Other programs:
      1. Breast and cervical cancer program described in WAC 182-505-0120;
      2. Family planning only programs described in chapter 182-532;
      3. Medical care services described in WAC 182-508-0005;
      4. Apple health for pregnant minors described in WAC 182-505-0117; and
      5. Apple health kidney disease program described in chapter 182-540 WAC.
  4. Deemed eligible apple health programs include:
    1. Apple health SSI medical program described in chapter 182-510 WAC, or a person who meets the medicaid eligibility criteria in 1619b of the Social Security Act;
    2. Newborn medical program described in WAC 182-505-0210(2);
    3. Foster care program described in WAC 182-505-0211;
    4. Medical extension program described in WAC 182-523-0100; and
    5. Family planning extension described in WAC 182-505-0115(5).
  5. A person is eligible for categorically needy (CN) health care coverage when the household's countable income is at or below the categorically needy income level (CNIL) for the specific program.
  6. If income is above the CNIL, a person is eligible for the MN program if the person is:
    1. A child;
    2. A pregnant person; or
    3. SSI-related (aged sixty-five, blind or disabled).
  7. MN health care coverage is not available to parents, caretaker relatives, or adults unless they are eligible under subsection (6) of this section.
  8. A person who is eligible for the apple health MAGI-based adult program listed in subsection (2)(b) of this section is eligible for ABP health care coverage as defined in WAC 182-500-0010. Such a person may apply for more comprehensive coverage through another apple health program at any time.
  9. For the other specific program requirements a person must meet to qualify for apple health, see chapters 182-503 through 182-527 WAC.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Introduction

In general, Washington Apple Health (Medicaid) programs are broken into the following types:

Apple Health MAGI Medicaid: adult, children's, family and pregnancy programs

Individuals may apply for MAGI Medicaid using the following options:

If an individual wants help applying for MAGI Medicaid, they can work with a Navigator or call Healthplanfinder Customer Support at 1-855-923-4633.

Apple Health Non-MAGI (Classic) Medicaid: longer-term care/aged, blind, disabled programs

Individuals may apply for Classic Medicaid using the following options:

For long-term care

Nursing home care, in-home personal care, assisted living facility and adult family home programs

For aged, blind, disabled coverage

Disability-based Washington Apple Health, Refugee coverage and coverage for seniors 65+, and programs that help pay for Medicare premiums and expenses

  • Online: Washington Connection
  • Paper: Application for LTC/ABD (HCA form 18-005), which can be submitted via:
    • Mail: DSHS - Community Services Division, PO Box 11699, Tacoma WA 98411-6699
    • Fax: 1-888-338-7410
  • In-person: Visit a local CSO.
  • Questions? Contact the Community Services Division Customer Support Contact Center at 1-877-501-2233

Income levels (such as those based on federal poverty level (FPL) and cost of living adjustments (COLA)) and specific program standards change yearly, but in different months. We updated the guide regularly to reflect income level and program standard changes. Please understand that, while the information in this publication is current at the time of publication, some of these standards will change before the next publication date.

Health Care Authority (HCA)

The single state agency responsible for providing access to Apple Health coverage for Washington residents and state employees.

Apple Health managed care

Washington's prepaid comprehensive system of medical and health care services is provided through a designated health care plan that contracts with Health Care Authority.

Classic Medicaid

The term used to describe the non-MAGI Medicaid health care programs administered by the Department of Social and Health Services (DSHS). This includes Long-Term Care services and Aged, Blind or Disabled coverage.

Federal poverty level (FPL)

A guideline for determining governmental program eligibility based on the consumer price index guide from the year just completed. Many health care coverage program eligibility limits are based on a percentage of the FPL.

Fee-for-service (FFS)

A health care service delivery system where health care providers are paid for each service (like an office visit, test, or procedure). Individuals who are not covered by Apple Health managed care are covered by Medicaid FFS.

Medicaid

The federally matched medical aid programs under Title XIX of the Social Security Act (and Title XXI of the Social Security Act for the Children's Health Insurance Plan) that cover the Categorically Needy (CN), Medically Needy (MN) and the Alternative Benefits Plan (ABP) programs.

Modified Adjusted Gross Income (MAGI)

The methodology used for calculating income and determining household composition to determine eligibility for Apple Health for Adults, Kids, Families and Caretaker Relatives, and Pregnant Women. This method follows federal income tax filing rules with a few exceptions and has no resource or asset limits.

ProviderOne

The online payment system for health care providers serving individuals enrolled in an Apple Health program.

Scope of care

The scope of care describes which medical and health care services are covered by the particular Apple Health program. There are four categories of scope of care:

  • Categorically Needy (CN): The broadest, most comprehensive scope of health care services covered.
  • Alternative Benefits Plan (ABP): The same scope of care as CN, applicable to the Apple Health for Adults program.
  • Medically Needy (MN): The scope of care covers slightly fewer health care services than CN. MN is available to individuals who qualify for disability-based Apple Health, Apple Health for Long-Term Care, or Apple Health for Kids or Pregnant Women, except that their income and/or resources are above the applicable Apple Health program limits.
  • Medical Care Services (MCS): The scope of care covers fewer health care services than MN. MCS is a state-funded medical program available to incapacitated adults who are not eligible for Apple Health programs with CN, ABP, or MN scope of care.

Washington Apple Health

The brand name for all Washington State medical assistance programs, including Medicaid. The brand name may be shortened to "Apple Health".

Program standard for income and resources

Revised date
Purpose statement

Below are the WACs for the income and resource standards, which are summarized in the Medical Income and Resource Standards Chart (pdf).

WAC 182-505-0100 Medical programs-- Monthly income standards based on the federal poverty level (FPL).

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

WAC 182-517-0100 Medicare savings programs--Monthly income standards.

WAC 182-519-0050 Monthly income and countable resource standards for medically needy (MN).

WAC 182-519-0050 Monthly income and countable resource standards for medically needy (MN)

WAC 182-519-0050 Monthly income and countable resource standards for medically needy (MN).

Effective February 10, 2023

  1. Changes to the Medically Needy Income Level (MNIL) occur on January 1st of each calendar year when the Social Security Administration (SSA) issues a cost-of-living adjustment.
  2. Medically Needy (MN) standards for people who meet institutional status requirements are in WAC 182-513-1395. The standard for a client who lives in an alternate living facility is in WAC 182-513-1205.
  3. The resource standards for institutional programs are in WAC 182-513-1350. The institutional standard chart is found at Long Term Care Standards.
  4. Countable resource standards for the noninstitutional MN program are:
    1. One person $2,000.
    2. A legally married couple $3,000.
    3. For each additional family member add $50.
  5. People who do not meet institutional status requirements use the "effective" MNIL income standard to determine eligibility for the MN program. The "effective" MNIL is the one-person federal benefit rate (FBR) established by SSA each year, or the MNIL listed in the chart below, whichever amount is higher. The FBR is the supplemental security income (SSI) payment standard. For example, in 2023 the FBR is $914.
1 2 3 4 5 6 7 8 9 10
914 914 914 914 914 975 1125 1242 1358 1483

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-505-0100 Monthly income standards for MAGI-based programs.

WAC 182-505-0100 Monthly income standards for MAGI -based programs.

Effective November 1, 2024.

  1. Each year, the federal government publishes new federal poverty level (FPL) income standards in the Federal Register found at https://aspe.hhs.gov/poverty-guidelines.
    1. The income standards for the following Washington apple health programs change on the first day of April every year based on the new FPL, except for subsections (2) and (3) of this section.
    2. The agency determines income eligibility by comparing countable income as determined of the person's medical assistance unit (MAU), under WAC 182-506-0010 and 182-506-0012, to the applicable income standard. Rules for determining countable income are in chapter 182-509 WAC.
  2. Parents and caretaker relatives under WAC 182-505-0240 must have countable income equal to or below the following standards:
    Medical Assistance Unit Size 1 2 3 4 5 6 7 8 9 10 11+
    Medical Assistance Unit Size $511 $658 $820 $972 $1,127 $1,284 $1,471 $1,631 $1,792 $1,951 $1,951
  3. Parents and caretaker relatives with earned income above the limits in subsection (2) of this section are the only people who may be eligible for the transitional medical program described in WAC 182-523-0100.
  4. Adults described in WAC 182-505-0250 who are not eligible under subsection (2) or (3) of this section must have countable income equal to or below 133 percent of the FPL.
  5. Pregnant people described in WAC 182-505-0115 must have countable income equal to or below 210 percent of the FPL.
  6. Children with countable income:
    1. Equal to or below 210 percent of the FPL as described in WAC 182-505-0210 (3)(a)(i) receive coverage at no cost.
    2. Greater than 210 percent but equal to or less than 312 percent as described in WAC 182-505-0210 receive premium-based coverage. Premium amounts are described in WAC 182-505-0225.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-517-0100 Federal medicare savings programs.

WAC 182-517-0100 Federal medicare savings programs.

Effective April 1, 2024

  1. Available programs. The medicaid agency offers eligible clients the following medicare savings programs (MSPs):
    1. The qualified medicare beneficiary (QMB) program;
    2. The specified low-income medicare beneficiary (SLMB) program;
    3. The qualified individual (QI-1) program; and
    4. The qualified disabled and working individuals (QDWI) program.
  2. Eligibility requirements.
    1. To be eligible for an MSP, a client must:
      1. Be entitled to medicare Part A; and
      2. Meet the general eligibility requirements under WAC 182-503-0505.
    2. To be eligible for QDWI, a client must be under age 65.
    3. Income limits.
      1. Income limits for all MSPs are found at www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/program-standard-income-and-resources.
      2. If a client's countable income is less than or equal to 110 percent of the federal poverty level (FPL), the client is income eligible for the QMB program.
      3. If a client's countable income is over 100 percent of the FPL, but does not exceed 120 percent of the FPL, the client is income eligible for the SLMB program.
      4. If a client's countable income is over 120 percent of the FPL, but does not exceed 138 percent of the FPL, the client is income eligible for the QI-1 program.
      5. If a client's countable income is over 138 percent of the FPL, but does not exceed 200 percent of the FPL, the client is income eligible for the QDWI program if the client is employed and meets disability requirements described in WAC 182-512-0050.
    4. The federal MSPs do not require a resource test.
  3. MSP income eligibility determinations.
    1. The agency has two methods for determining if a client is eligible for an MSP:
      1. The agency first determines if the client is eligible based on SSI-rated methodologies under chapter 182-512 WAC. Under this method, the agency calculates the household's net countable income and compares the result to the one-person standard. However, if the spouse's income is deemed to the client, or if both spouses are applying, the household's net countable income is compared to the two-person standard.
      2. If the client is not eligible under the methodology described in (a)(i) of this subsection, the agency compares the same countable income, as determined under (a)(i) of this subsection, to the appropriate FPL standard based on family size. The number of individuals that count for family size include:
        1. The client;
        2. The client's spouse who lives with the client;
        3. The client's dependents who live with the client;
        4. The spouse's dependents who live with the spouse, if the spouse lives with the client; and
        5. Any unborn children of the client, or of the spouse if the spouse lives with the client.
    2. Under both eligibility determinations, the agency follows the rules for SSI-related people under chapter 182-512 WAC for determining
      1. Countable income;
      2. Availability of income;
      3. Allowable income deductions and exclusions; and
      4. Deemed income from and allocated income to a nonapplying spouse and dependents.
      5. The agency uses the eligibility determination that provides the client with the highest level of coverage.
        1. If the MSP applicant is eligible for QMB coverage under (a)(i) of this subsection, the agency approves the coverage.
        2. If the MSP applicant is not eligible for QMB coverage, the agency determines if the applicant is eligible under (a)(ii) of this subsection.
        3. If neither eligibility determination results in QMB coverage, the agency uses the same process to determine if the client is eligible under any other MSP.
      6. When calculating income under this section:
        1. The agency subtracts client participation from a long-term care client's countable income under WAC 182-513-1380, 182-515-1509, or 182-515-1514.
        2. The agency counts the annual Social Security cost-of-living increase beginning April 1st each year.
  4. Covered costs.
    1. The QMB program pays:
      1. Medicare Part A and Part B premiums using the start date in WAC 182-504-0025; and
      2. Medicare coinsurance, copayments, and deductibles for Part A, Part B, and Part C, subject to the limitations in WAC 182-502-0110.
    2. If the client is eligible for both SLMB and another medicaid program:
      1. The SLMB program pays the Part B premiums using the start date in WAC 182-504-0025; and
      2. The medicaid program pays medicare coinsurance, copayments, and deductibles for Part A, Part B, and Part C subject to the limitations in WAC 182-502-0110.
    3. If the client is only eligible for SLMB, the SLMB program covers medicare Part B premiums using the start date in WAC 182-504-0025.
    4. The QI-1 program pays medicare Part B premiums using the start date in WAC 182-504-0025 until the agency's federal funding allotment is spent. The agency resumes QI-1 benefit payments the beginning of the next calendar year.
    5. The QDWI program covers medicare Part A premiums using the start date in WAC 182-504-0025.
  5. MSP eligibility. Medicaid eligibility may affect MSP eligibility:
    1. QMB and SLMB clients may receive medicaid and still be eligible to receive QMB or SLMB benefits.
    2. QI-1 and QDWI clients who begin receiving medicaid are no longer eligible for QI-1 or QDWI benefits, but may be eligible for the state-funded medicare buy-in program under WAC 182-517-0300.
  6. Right to request administrative hearing. A person who disagrees with agency action under this section may request an administrative hearing under chapter 182-526 WAC.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Medicare and spenddown

Revised date
Purpose statement

This section provides information about what the department allows as medical expenses for individuals who have spenddown, are entitled to Medicare and who may qualify for a Medicare Savings Program (MSP).

To qualify for Medicaid, individuals who are entitled to Medicare must apply for and enroll in Medicare. See the Application for Medicare chapter for more information about this requirement.

Allowable expenses for the Medically Needy program must not be reimbursable by Medicare or other third-party coverage. Expenses must be the responsibility of the applicant/recipient. The amount left over after Medicare or other insurance pays is usually patient responsibility and usable against the spenddown liability. For more information about Medicare program coverage and allowable medical expenses please see the Allowable medical expenses chapter.

Individuals applying for medical benefits should be considered for all programs and if the individual is Medicare eligible the Medicare Savings Programs need to be considered. An individual can receive any of the MSPs while pending a spenddown. When an individual meets their spenddown amount the Medicaid case can open and be open concurrently to the QMB and SLMB programs. It is only QI-1 that cannot be open with an MSP. ACES will require the QI-1 case be closed and guide the user through the process.

In summary, the Medicare Savings Program has four levels of coverage, based on income, with the lowest income standard to qualify for QMB and the highest income standard to qualify for QDWI. QDWI has other eligibility criteria primarily that the individual has lost free Part A due to no-longer being considered disabled.

Qualified Medicare Beneficiary (QMB)

  • Pays Part A and Part B premiums
  • Pays deductibles
  • Pays copayments except for prescriptions

Specified Low-Income Medicare Beneficiary (SLMB)

  • Pays Part B premiums

Qualified Individual (QI-1)

  • Pays Part B premiums

Qualified Disabled Working Individual (QDWI)

  • Pays Part A premiums

Qualified Medicare Beneficiaries (QMB)

The QMB program is the only MSP that pays:

  • Medicare Part A and Part B premiums; and
  • Medicare Part A, Part B, and Part C coinsurance charges, deductibles, and copayments.

QMB does not pay for Part C or Part D premiums or for Part D prescription drug copayments. Very few medical expenses can be used to meet a spenddown liability when individuals have both QMB and Medicare because between these two programs they are already fully covered.

QMB recipients cannot be charged the customary 20% after Medicare. Balance billing of QMB recipients is not permitted by CMS.

Example: Joe brings you a current Explanation of Benefits (EOB) statement showing a recent 10-day hospital stay ($15,000) and what Medicare paid on the bill.

Medicare assigned $1,068 to Joe's Medicare deductible and charged him an additional $2670 for coinsurance.

Medicare paid $6,800 to the hospital. The hospital did an insurance adjustment for the remaining balance.

  • If Joe is eligible for QMB coverage, his charges of $1,068 and $2,670 will be paid by the QMB program and can't be used towards his spenddown liability.
  • If Joe isn't eligible for QMB coverage, these charges could be used towards meeting his spenddown liability.

Medicare premiums

Medicare premiums may only be allowed as an expense towards meeting spenddown when HCA (through the MSP programs, for Part A and Part B) or the federal government (through the Part D low-income subsidy) is not paying them. Allowable Medicare premiums are coded in ACES as a spenddown expense and aren't used as an income deduction on the MEDX screen. Enter the expense based on the date it is incurred by the individual.

Medicare Part A

HCA pays Part A premiums when the individual is eligible for the QMB (S03) program or the Qualified Disabled Working Individual (QDWI) (S04) program in ACES. HCA allows Part A premium expenses for spenddown only if:

  • The individual incurred the expense in the month of application and is not eligible for QMB until the first of the following month; or
  • The individual is eligible under an MSP that does not pay for Part A costs; or
  • The individual incurred the expenses in the three months prior to the application month and was not a QMB or QDWI recipient at that time.

Medicare Part B

HCA pays Part B premiums under the QMB (S03) program and Specified Low-Income Medicare Beneficiary (SLMB) (S05) program until the certification period ends. HCA does not allow Part B premiums as a spenddown medical expense for individuals who receive coverage under these programs.

HCA pays Part B premiums under the Qualified Individual (QI)-1 (S06) program (formerly known as the Expanded Specified Low-Income Medicare Beneficiary (ESLMB) program) as long as the individual is not eligible for CN or MN coverage and pays under the State Medicare Buy-In program when they are otherwise eligible for CN or MN coverage.

Note: When a QI-1 individual becomes MN or CN eligible, the QI-1 closes. If MN or CN coverage ends, the individual remains eligible for the rest of their original QI-1 certification. Be sure to reopen the S06 AU at the time you initiate the review on an MN program.

Medicare Part C

Part C premiums are paid by the individual; HCA no longer pays them. Part C is an option for Medicare individuals who choose to receive Medicare services through a Managed Care plan instead of through the original Medicare fee-for-service program. Part C coverage is also known as Medicare Advantage.

Some Part C plans also include a prescription drug benefit as part of their Part C coverage. An individual who receives prescription drug coverage under Part C doesn't have to enroll in a separate Part D plan. Since Part C premiums can't be paid by the department, do not refer Part C individuals to the Premium Payment program for assistance.

Part C premiums are an allowable medical expense for spenddown. Enter the expense into ACES as the expense is incurred. Part C premiums are not allowed as an income deduction so do not code Part C premiums as a medical deduction on the MEDX screen.

Medicare Part D

The department doesn't pay Part D premiums. Individuals with income below certain standards may apply to the federal government for help paying Part D premiums. This is called the Low-Income Subsidy (LIS) program. Once the government determines individuals are eligible for the LIS, they remain eligible until the end of the calendar year.

Each year in January, individuals need to reapply for the LIS unless they are Medicaid individuals. Medicaid individuals are automatically "deemed" eligible for the LIS and remain eligible until the end of the calendar year in which they lose their Medicaid eligibility.

All States have a range of "benchmark" Part D plans. Benchmark plans are considered average Medicare plans. They have adequate health care coverage, and their premiums can be fully covered by the LIS. Other Part D plans have higher premiums than the benchmark plans. The premiums for these plans are higher than what the LIS covers. In these plans, the LIS pays a portion of the premium (up to the benchmark amount) and the individual pays the amount above the LIS limit if they want to remain with a specific Part D plan.

HCA does not allow Part D premiums as an allowable expense for spenddown unless they were:

  • Incurred prior to a period of eligibility for the LIS; or
  • The individual is paying the portion above the subsidy amount, in which case HCA allows only the amount the individual is actually paying.

When are a Medicare individual's prescription drug costs allowed for spenddown?

For the purposes of Medicaid spenddown, incurred Part D prescription costs are treated just like any other costs incurred for medical care. Apply all the usual rules for determining an individual's liability, insurance coverage and spenddown eligibility. Costs paid in whole or in part by a public program may be counted as incurred medical expenses to establish eligibility under a Medicaid spenddown.

Part D enrollment is voluntary, so not all Medicare individuals will be enrolled in a Medicare Part D plan (PDP) or a Medicare Part C Advantage Plan (MA-PD) when HCA first receives a medical application.

However, under WAC 182-503-0505, Part D enrollment is a condition of eligibility for Medicaid coverage. HCA notifies the federal government (CMS) when an individual becomes eligible for MN coverage. The individual is then automatically eligible for the LIS and enrolled in a Part D plan.

Note: Even if an individual is only eligible for MN coverage in one three-month base period a year, that certification provides extra help (through LIS) paying Part D premiums for the rest of that calendar year.

Enrollment in a PDP or MA-PD doesn't ensure that all drugs are covered. Each plan has a different combination of covered drugs, deductibles, copays, and coverage gaps.

Worker Responsibilities

  • Always open QMB coverage whenever an individual is eligible, because HCA gets federal reimbursement for part of what it pays out for QMB individuals.
  • Carefully review medical expense for a QMB eligible individual before using any portion of the expense towards meeting spenddown liability.
  • To determine if drug costs incurred by Medicare individuals are allowable for spenddown, apply the following rules:
    • If the individual was not enrolled in a PDP or MA-PD on the date of service, allow the prescription drug cost. The reason the individual wasn't enrolled when the expense was incurred doesn't matter.
    • If the individual was enrolled in a Part D plan on the date of service and chose to self-pay for a covered prescription to try and meet spenddown liability, the expense can't be allowed because the drug was covered under their Part D plan.
    • If the individual was enrolled in a PDP or MA-PD on the date of service, the plan must issue a periodic (at least monthly) statement to the individual explaining all benefits paid and denied, and amounts attributed to cost-sharing. If the drug charge is identified on the statement as an individual's liability, such as part of a deductible, copay or coverage gap, allow the expense.
    • When a plan denies coverage of a prescription, the individual has the right to request an exception for coverage of the drug. The individual receives a written decision on any exception requested. If the drug charge appears on the statement as a denial, and no exception was requested, do not allow the charge.
    • If the drug charge appears on the statement as a denial, and an exception was requested and denied by the plan, allow the charge.
  • Important: Ask for and review the monthly plan statements for questionable expenses before allowing the expenses towards meeting spenddown liability.

ProviderOne services card and health plan card

Revised date
Purpose statement

To explain the ProviderOne services card mailed from the Health Care Authority and the health plan card mailed from an individual’s selected health or managed care plan.

ProviderOne services card

Each family member enrolled in Apple Health gets a ProviderOne Card. Your ProviderOne services card is activated while you are eligible for Apple Health. The card includes your name and client ProviderOne number which ends with a "WA" and stays with you for life when you are eligible and receive Apple Health. This number is needed to receive health-related medical services. You may also need to show a picture identification (ID) or provide other information to prevent unauthorized use of the card. Your providers will verify your eligibility for medical services based on client identification or ProviderOne number.

If you lose your ProviderOne services card:

  1. Call Apple Health Customer Service at 1-800-562-3022 and follow the voice response prompts to ask for a new services card. 
  2. If you have access to the Washington Healthplanfinder app you can access a digital card.
  3. Request a card through the online client portal.
  4. Request a change online - Select the topic "Services Card"

You may still be able to receive medical services while waiting for a replacement care.
Your provider will need your name and your date of birth to verify your Apple Health enrollment.

Health plan card

The health plan you enroll in will also send you an ID card. This card may include:

  • Your name and date of birth
  • Client or Medicaid ID# (ends with WA)
  • Member ID#
  • Subscriber ID#
  • Group#
  • Primary care provider information

 You should have both your ProviderOne services card and your health plan ID card to:

  • Get health care services.
  • Make, cancel, or check appointments.
  • Order or pick up prescriptions.

Please call your health plan’s customer service number if any information on the card they send you is wrong, the card is lost, stolen, or needs to be replaced.

The phone numbers for the five managed health care plans are:

  • Community Health Plan of Washington (CHPW) 1-800-440-1561
  • Coordinated Care of Washington (CCW) 1-877-644-4613
  • Molina Healthcare of Washington (MHW) 1-800-869-7165
  • UnitedHealthcare Community Plan of Washington (UHC) 1-877-542-8997
  • Wellpoint (WLP) 1-833-731-2167

For more information about the ProviderOne services card and health plan card, including replacement options, see the First Timers' Guide to Washington Apple Health (Medicaid).

Health care for aged, blind, or disabled

Revised date
Purpose statement

SSI Program (S01):

This program provides CN coverage to individuals receiving SSI cash benefits. SSI is for individuals who meet one of the following requirements:

  • Age 65 or older
  • Totally or partially blind
  • Have a medical condition that keeps you from working and is expected to last at least one year or result in death.

Eligibility for SSI is determined by the Social Security Administration and communicated to the states by the State Data Exchange (SDX).

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

SSI-related program (S02):

This program provides CN coverage to individuals who meet the SSI income and resource limits as well as one of the following requirements:

  • 65 years old or older (aged), or
  • Blind (as defined by the Social Security Administration and determined by DSHS), or
  • Disabled (as defined by the Social Security Administration and determined by DSHS).

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective January 1, 2023

Household Size Monthly Income Limit Resource Limit
1 $914 $2,000
2 $1,371 $3,000

SSI-related MN program (S95, S99):

This program provides MN coverage to individuals with income above the SSI income and resource limits. Individuals who qualify and enroll in the Apple Health SSI-related MN Program become eligible for MN coverage after incurring medical costs equal to the amount of the household income that is above the SSI income standard. For an explanation of Medically Needy benefits, please see that section of this publication.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective January 1, 2023

Household Size Monthly Income Limit
1 $914
2 $914
3 $914
4 $914
5 $914
6 $975

Apple health for workers with disabilities (HWD) (S08):

This program provides CN coverage to people with disabilities and with earned income who purchase health care coverage based on a sliding income scale.

HWD has no asset test, age or income limit.

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

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

Effective January 1, 2020

This section describes the apple health 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 HWD program also provides long-term services and supports described in chapters 182-513 and 182-515 WAC for a client who meets the functional requirements for those programs, are approved for those services, and choose to enroll in HWD.
  3. 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.
  4. A person who is eligible for another medicaid program may choose not to participate in the HWD program.
  5. A person is not eligible for HWD coverage for a month in which the person received benefits under the medically needy (MN) program.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

To be eligible, an individual must meet federal disability requirements, and be employed (including self-employment) full or part time. To receive HWD benefits, enrollees pay a monthly premium determined as a percentage of their income. The premium will never exceed 7.5% of total income. American Indians and Alaska Natives are exempt from paying premiums for HWD.