Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-400-0035 Refugee medical assistance -- Summary of eligibility requirements.

Purpose: To bring in[to] compliance with WAC 388-466-0130 and to comply with federal law in order to continue to meet federal refugee funding requirements.

Statutory Authority for Adoption: RCW 74.20A.310.

Statute Being Implemented: RCW 74.20A.310, 74.08.090, 74.04.050, and 74.08A.320.

Summary: ORIA believes that the new rule will be more efficient and easier to understand and will result in better customer service.

Reasons Supporting Proposal: Efficiency, customer service.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, ORIA Program Manager, P.O. Box 45420, Olympia, WA, (360) 413-3285.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, C.F.R. Title 45 400.101, 400.103 and 400.104.

Explanation of Rule, its Purpose, and Anticipated Effects: Federal law requires several changes such as: Requirement to prohibit from considering any cash assistance payment received by refugee from VOLAG when determining eligibility; requirement to determine eligibility on the basis of applicant's income and resources on the date of the application rather than averaging income over the application processing period; requirement of financial eligibility standard established at 200% of national poverty level; requirement to transfer refugee, who is residing in U.S. less than eight months and who lost his/her eligibility for Medicaid due to earnings, to refugee medical assistance program without eligibility determination. General eligibility requirements are also amended by clarifying that RMA is only available to refugees who are ineligible for Medicaid or CHIP.

Proposal Changes the Following Existing Rules: Amends WAC 388-400-0035 to incorporate above changes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect business.

RCW 34.05.328 does not apply to this rule adoption. This is not [a] significant legislative rule under RCW 34.05.328.

Hearing Location: Blake Office Park, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 5, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by May 31, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopeKD@dshs.wa.gov].

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 5, 2001.

Date of Intended Adoption: No sooner than June 6, 2001.

April 26, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(a) Provide the name of the voluntary agency (VOLAG) which resettled ((them; and)) you;

(b) Meet the immigration status requirements of WAC 388-466-0005((.

(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));

(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);

(d) Receive refugee cash assistance (RCA); or

(((b) Is)) (e) Be eligible for, but choose((s)) not to apply for or receive RCA.

(((3) Persons))

(2) You are not eligible to receive RMA if ((they)) you are:

(a) Eligible for Medicaid;

(b) ((Are)) Not eligible for RCA because ((they)) you have not met the employment and training requirements of WAC ((388-466-0015)) 388-466-0150; or

(c) ((Are)) A full-time student((s)) in institution((s)) of higher education unless the educational activity is part of a department-approved employability plan.

(((4))) (3) Refugee families, including families with children who are United States citizens, ((will be)) are treated as single assistance units according to chapter 388-408 WAC.

(((5) A person))

(4) If you are meeting the requirements of this section ((is)), you are eligible for RMA only during the eight-month period beginning in the first month ((the person)) you entered the United States (see WAC 388-466-0130).

(((6))) (5) A recipient of ((RCA and)) RMA ((who becomes ineligible for RCA due to an increase in income)) whose earned 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)) RMA eligibility period.

(((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))

(6) A refugee recipient of Medicaid, whose eligibility ended due to excess earned income, is 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.]

Washington State Code Reviser's Office