Date of Adoption: April 27, 2001.

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, 74.08A.320, and 74.20A.310.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

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