Section 182-511-1150 - Apple health for workers with disabilities (HWD)-Disability requirementsThis 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):(a) (XV) for the basic coverage group (BCG); or(b) (XVI) for the medical improvement group (MIG).(2) The BCG consists of individuals who: (a) Meet federal disability requirements for the supplemental security income (SSI) or Social Security Disability Insurance (SSDI) program; or(b) Are determined by the department of social and health services (DSHS), division of disability determination services (DDDS), to meet federal disability requirements for the HWD program.(3) The MIG consists of individuals who: (a) Were previously eligible and approved for the HWD program as a member of the BCG; and(b) Are determined by DDDS to have a medically improved disability. The term "medically improved disability" refers to the particular status granted to persons described in subsection (1)(b). For these people, a continuation of HWD coverage is provided to help them maintain their employment.(4) A person age 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/lnx/0410501001).Wash. Admin. Code § 182-511-1150
Amended by WSR 15-14-080, Filed 6/29/2015, effective 7/30/2015Amended by WSR 19-08-025, Filed 3/27/2019, effective 4/27/2019Amended by WSR 19-23-063, Filed 11/15/2019, effective 1/1/202011-24-018, recodified as WAC 182-511-1150, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW 74.08.090, Section 1902(a)(10)(A)(ii) of the Social Security Act, and 2001 c 7 § 209(5), Part II. 02-01-073, § 388-475-1150, filed 12/14/01, effective 1/14/02.