EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(WorkFirst Division)
Date of Adoption: October 31, 2000.
Purpose: To amend WAC 388-400-0035 Refugee medical assistance -- Summary of eligibility requirements, to bring it into compliance with new WAC 388-466-0130 Refugee medical assistance.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0035.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.08A.320.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: In response to change in federal and state law and in order to continue to meet federal refugee funding requirements.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: November 1, 2000.
October 31, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2881.1(1) To be eligible for refugee medical assistance (RMA), persons must:
(a) Provide the name of the voluntary agency (VOLAG) which
resettled them; ((and))
(b) Meet the immigration status requirements of WAC 388-466-0005; and
(c) Meet monthly income standards up to two hundred percent of Federal Poverty Level (FPL). Spenddown is available for applicants whose income exceeds two hundred percent of FPL (see WAC 388-519-0110).
(2) Except for a person who is not eligible under subsection (3) of this section, a person is eligible for RMA if the person:
(a) Receives refugee cash assistance (RCA); or
(b) Is eligible for but chooses not to apply for or receive RCA.
(3) Persons are not eligible to receive RMA if they are:
(a) Eligible for Medicaid;
(b) Are not eligible for RCA because they have not met the employment and training requirements of WAC 388-466-0015; or
(c) Are full-time students in institutions of higher education unless the educational activity is part of a department-approved employability plan.
(4) Refugee families, including families with children who are United States citizens, will be treated as single assistance units according to chapter 388-408 WAC.
(5) A person meeting the requirements of this section is eligible for RMA only during the eight-month period beginning in the first month the person entered the United States.
(6) A recipient of ((RCA and)) RMA ((who becomes ineligible
for RCA due to an increase in income)) whose income goes above
the income standard remains eligible for ((extended)) RMA
benefits until the end of the eighth month period following entry
into the United States.
(7) A ((person will have his or her eligibility for RMA
determined based on the rules for the medically needy program if
the person is:
(a) Not eligible for Medicaid; or
(b) Not eligible for RCA because of excess income, unless the person is eligible for extended RMA under subsection (6) of this section)) recipient of Medicaid, whose eligibility ended due to excess income, will be transferred to RMA without eligibility determination for the remainder of the RMA eligibility period.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0035, filed 7/31/98, effective 9/1/98.]