Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-040.

     Title of Rule: WAC 388-424-0010, 388-438-0110, 388-505-0210, and 388-505-0220.

     Purpose: Implementation of RCW 74.08A.100 and 74.09.415 as revised by SB 6833 (chapter 366, Laws of 2002). These amendments are necessary to eliminate DSHS state-funded medical coverage for undocumented children and for legal immigrant children and adults that are ineligible for Medicaid due to their INS status or the requirement of a five-year ban.

     Statutory Authority for Adoption: RCW 74.08A.100, 74.09.080, 74.09.415, and 74.08.090.

     Statute Being Implemented: RCW 74.08A.100 and 74.09.415 (chapter 366, Laws of 2002).

     Summary: See Purpose above.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, MAA, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1330.

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

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: These amendments are necessary to eliminate DSHS state-funded medical coverage for children with no INS status and for legal immigrant children and adults that are ineligible for Medicaid due to their INS status or the requirement of a five-year ban.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules only affect client eligibility. There is no impact on small businesses.

     RCW 34.05.328 applies to this rule adoption. These rules meet the definition of a significant legislative rule under RCW 34.05.328. However, RCW 34.05.328 (5)(b)(vii) exempts DSHS eligibility rules.

     Hearing Location: Office Building 2 - Auditorium (DSHS Headquarters) (parking at 12th and Washington), 1115 Washington, Olympia, WA 98502, on July 23, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 19, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., July 23, 2002.

     Date of Intended Adoption: Not sooner than July 24, 2002.

June 13, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) Qualified aliens who first physically entered the U.S. after August 21, 1996 cannot receive TANF, Medicaid, or CHIP for five years after their date of entry, unless they are any of the following:

     (a) An alien as described under WAC 388-424-0005 (3)(b), (d), (e), (g), or (h); or

     (b) A lawful permanent resident who is:

     (i) On active duty in the U.S. military, other than active duty for training;

     (ii) An honorably discharged U.S. veteran;

     (iii) A veteran of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, section 107 of the U.S. code;

     (iv) A Hmong or Highland Lao veteran who served in the military on behalf of the U.S. Government during the Vietnam conflict; or

     (v) The spouse or unmarried dependent child(ren) of a person described in subsection (2)(b)(i) through (iv) of this section.

     (3) The period of five years from the date of entry described in subsection (2) begins on the date of the person's entry into the United States with an INS status within the meaning of the term qualified alien.

     (4) A child born outside of the U.S. automatically becomes a U.S. citizen when:

     (a) At least one of the parents is a U.S. citizen by birth or naturalization;

     (b) The child is under eighteen years of age; ((and))

     (c) The child is residing in the U.S. in legal and physical custody of the citizen parent; and

     (d) The child was lawfully admitted into the U.S.

     (((4))) (5) An Indian as described in WAC 388-424-0020 (2)(b) and (c) may receive Medicaid or CHIP benefits.

     (((5))) (6) Aliens, including PRUCOL aliens as defined in WAC 388-424-0005(4), who would qualify for Medicaid benefits, but are determined ineligible because of alien status or requirements for a Social Security Number, may receive medical coverage as follows:

     (a) State-funded categorically needy (CN) scope of care for((:

     (i))) pregnant women, as described in WAC 388-462-0015((;

     (ii) Children as described in WAC 388-505-0210; or

     (iii) Family medical as described in WAC 388-505-0220.)); and

     (b) Alien emergency medical services as described in WAC 388-438-0110.

     (((6))) (7) Alien status does not ((effect)) affect eligibility for the medically indigent program described in WAC 388-438-0100.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, and Public Law 106-395. 02-03-008, § 388-424-0010, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 74.08.090 and 74.08A.100. 99-17-023, § 388-424-0010, filed 8/10/99, effective 9/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0010, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0520 and 388-518-1805.]

     (2) Except for the Social Security Number, citizenship, or alien status requirements, an alien must meet categorical Medicaid eligibility requirements as described in:

     (a) WAC 388-505-0110, for an SSI-related person;

     (b) WAC 388-505-0220, for family medical programs;

     (c) WAC 388-505-0210, for a child under the age of nineteen; or

     (d) WAC 388-523-0100, for medical extensions.

     (3) When an alien has monthly income which exceeds the CN medical standards, the department will consider AEM medically needy coverage for children or for adults who are age sixty-five or over or who meet SSI disability criteria. See WAC 388-519-0100.

     (4) To qualify for the AEM program, the alien must have:

     (a) An emergency medical condition as described in WAC 388-500-0005; or

     (b) Been approved by the department as requiring nursing facility or COPES level of care.

     (5) The alien's date of arrival in the United States is not used when determining eligibility for the AEM program.

     (6) The department does not deem a sponsor's income and resources as available to the client when determining eligibility for the AEM program. The department counts only the income and resources a sponsor makes available to the client.

[Statutory Authority: RCW 74.08.090 and C.F.R. 436.128, 436.406(c) and 440.255. 01-05-041, § 388-438-0110, filed 2/14/01, effective 3/17/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, 42 C.F.R. 435.139 and 42 C.F.R. 440.255. 99-23-082, § 388-438-0110, filed 11/16/99, effective 12/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-438-0110, filed 7/31/98, effective 9/1/98.]

     (a) The child's mother was eligible for and receiving coverage under a medical program at the time of the child's birth; and

     (b) The child remains with the mother and resides in the state.

     (2) Children under the age of nineteen are eligible for CN medical assistance when they meet the requirements for:

     (a) Citizenship or U.S. national status as described in WAC 388-424-0005(1) or immigrant status as described in WAC 388-424-0010 (1) or (2);

     (b) State residence as described in chapter 388-468 WAC;

     (c) A social security number as described in chapter 388-476 WAC; and

     (d) Family income levels as described in WAC 388-478-0075 (1)(c).

     (3) Children under the age of nineteen are eligible for the children's health insurance program (CHIP), as described in chapter 388-542 WAC, when:

     (a) They meet the requirements of subsection (2)(a) and (b) of this section;

     (b) They do not have other creditable health insurance coverage; and

     (c) Family income exceeds two hundred percent of the federal poverty level (FPL), but does not exceed two hundred fifty percent of the FPL as described in WAC 388-478-0075 (1)(c) and (d).

     (4) ((Children under the age of nineteen who first physically entered the U.S. after August 21, 1996 are eligible for state-funded CN scope of care when they meet the:

     (a) Eligibility requirements in subsection (2)(b), (c), and (d) of this section; and

     (b) Qualified alien requirements for lawful permanent residents, parolees, conditional entrants, or domestic violence victims as described in WAC 388-424-0005 (3)(a), (c), (f), or (i).

     (5))) Children under the age of twenty-one are eligible for CN medical assistance when they meet:

     (a) Citizenship or immigrant status, state residence, and social security number requirements as described in subsection (2)(a), (b), and (c) of this section;

     (b) Income levels described in WAC 388-478-0075 when income is counted according to WAC 388-408-0055 (1)(c); and

     (c) One of the following criteria:

     (i) Reside in a medical hospital, intermediate care facility for mentally retarded (ICF/MR), or nursing facility for more than thirty days;

     (ii) Reside in a psychiatric or chemical dependency facility;

     (iii) Are in foster care; or

     (iv) Receive subsidized adoption services.

     (((6))) (5) Children are eligible for CN medical assistance if they:

     (a) Receive Supplemental Security Income (SSI) payments based upon their own disability; or

     (b) Received SSI cash assistance for August 1996, and except for the August 1996 passage of amendments to federal disability definitions, would be eligible for SSI cash assistance.

     (((7))) (6) Children under the age of nineteen are eligible for Medically Needy (MN) medical assistance as defined in chapter 388-500 WAC when they:

     (a) Meet citizenship or immigrant status, state residence, and social security number requirements as described in subsection (2)(a), (b), and (c); and

     (b) Have income above the income levels described in WAC 388-478-0075 (1)(c).

     (((8) Children described in subsection (4)(a) and (b) whose countable income exceeds the standard in WAC 388-478-0075 (1)(c) are eligible for state-funded MN scope of care.

     (9))) (7) A child is eligible for SSI-related MN when the child:

     (a) Meets the blind and/or disability criteria of the federal SSI program or the condition in subsection (6)(b); and

     (b) Has countable income above the level described in WAC 388-478-0070(1).

     (((10) Noncitizen children, including visitors or students from another country and undocumented children, under the age of eighteen are eligible for the state-funded children's health program, if:

     (a) The department determines the child ineligible for any CN or MN scope of care medical program;

     (b) They meet family income levels described in WAC 388-478-0075 (1)(a); and

     (c) They meet state residency requirements as described in chapter 388-468 WAC.

     (11))) (8) There are no resource limits for children under((:

     (a) CN or MN coverage;

     (b) State-funded CN or MN scope of care; or

     (c) The children's health programs.

     (12))).

     (9) Children may also be eligible for:

     (a) Family medical as described in WAC 388-505-0220; or

     (b) Medical extensions as described in WAC 388-523-0100.

     (((13))) (10) Except for a client described in subsection (((5)))(4)(c)(i) and (ii), an inmate of a public institution, as defined in WAC 388-500-0005, is not eligible for CN or MN medical coverage.

[Statutory Authority: RCW 74.08.090, 74.04.050, [74.04.]055, and [74.04.]057. 01-11-110, § 388-505-0210, filed 5/21/01, effective 6/21/01. Statutory Authority: RCW 74.08.090 and 74.08A.100. 99-17-023, § 388-505-0210, filed 8/10/99, effective 9/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-505-0210, filed 7/31/98, effective 9/1/98. Formerly WAC 388-509-0905, 388-509-0910 and 388-509-0920.]

     (a) Receiving temporary assistance for needy families (TANF) cash benefits;

     (b) Receiving cash diversion assistance described in chapter 388-222 WAC;

     (c) Eligible for TANF cash benefits but choose not to receive; or

     (d) Not eligible for or receiving TANF cash assistance, but meet the eligibility criteria for aid to families with dependent children (AFDC) in effect on July 16, 1996 except that:

     (i) Earned income is treated as described in WAC 388-450-0210; and

     (ii) Resources are treated as described in WAC 388-470-0005 for applicants and WAC 388-470-0050 and 388-470-0026 for recipients.

     (2) A person is eligible for CN family medical coverage when the person is not eligible for or receiving cash benefits solely because the person:

     (a) Received sixty months of TANF cash benefits or is a member of an assistance unit which has received sixty months of TANF cash benefits;

     (b) Failed to meet the school attendance requirement in chapter 388-400 WAC;

     (c) Is an unmarried minor parent who is not in a department-approved living situation;

     (d) Is a parent or caretaker relative who fails to notify the department within five days of the date the child leaves the home and the child's absence will exceed ninety days;

     (e) Is a fleeing felon or fleeing to avoid prosecution for a felony charge, or a probation and parole violator;

     (f) Was convicted of a drug related felony;

     (g) Was convicted of receiving benefits unlawfully;

     (h) Was convicted of misrepresenting residence to obtain assistance in two or more states;

     (i) Has gross earnings exceeding the TANF gross income level; or

     (j) Is not cooperating with WorkFirst requirements.

     (3) ((A person is eligible for state-funded CN scope of care family medical when the person:

     (a) Is eligible for or receiving SFA cash benefits;

     (b) Is receiving SFA cash diversion assistance described in chapter 388-222 WAC;

     (c) Is not eligible for or receiving SFA solely due to factors described in subsection (2)(a) through (j) of this section; or

     (d) Meets the criteria of (1)(d) of this section.

     (4))) An adult must cooperate with the division of child support in the identification, use, and collection of medical support from responsible third parties, unless the person meets the medical exemption criteria described in WAC 388-505-0540 or the medical good cause criteria described in chapter 388-422 WAC.

     (((5) When the only eligible child in an SFA cash assistance unit is over nineteen years of age the assistance unit is not eligible for a family medical program, but individual members shall be redetermined for eligibility for other medical programs.

     (6))) (4) Except for a client described in WAC 388-505-0210 (5)(c)(i) and (ii), a person who is an inmate of a public institution, as defined in WAC 388-500-0005, is not eligible for CN or MN medical coverage.

[Statutory Authority: RCW 74.08.090, 74.04.050, [74.04.]055, and [74.04.]057. 01-11-110, § 388-505-0220, filed 5/21/01, effective 6/21/01; 98-16-044, § 388-505-0220, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0740 and 388-522-2210.]

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