(1) A participant is exempt from community engagement activity participation requirements if a participant's income exceeds an amount equal to or above the average of 80 hours per month multiplied by the minimum wage for each reporting period.

(2) The department shall review available electronic data sources on a monthly basis to identify an exemption under this subsection.

(3) If the department is unable to verify an income-based exemption through data review, a participant may provide documentation to meet the exemption under this subsection. Such documents may include:

(a) documentation of income, including pay stubs or other means of employment certification; or

(b) income tax forms, financial statements, or other supporting income documentation of self-employment.

(4) The department shall implement and enforce this rule only upon receiving approval from the U.S. Secretary of Health and Human Services of the department's 1115 waiver application filed August 30, 2019, and in accordance with the terms and conditions of the approval.