PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-10-047.
Title of Rule: WAC 388-438-0110 The alien emergency medical (AEM) program.
Purpose: Implements administrative simplification of the alien emergency medical program.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.
Statute Being Implemented: 42 C.F.R. 435.139 and 42 C.F.R. 440.255.
Summary: This proposed amendment explains the alien emergency medical program in clearer terms and removes language prohibiting organ transplants.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45530, Olympia, Washington 98504-5534, (360) 753-7462.
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: See Purpose and Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule has no impact on small businesses. It effects eligibility for medical assistance programs.
RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 9, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by October 26, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 9, 1999.
Date of Intended Adoption: No sooner than November 10, 1999.
September 30, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2547.8
((An alien who is not eligible for other medical programs, is
eligible for emergency medical care and services:
(1) Regardless of their date of arrival in the United States;
(2) Except for citizenship, meets Medicaid eligibility requirements as described in WAC 388-505-0210, 388-505-0220 or WAC 388-505-0110; and
(3) Limited to the necessary treatment of an alien's emergency medical condition as defined in WAC 388-500-0005, except that organ transplants and related medical care services are not covered))
(1) The alien emergency medical (AEM) program is a federally-funded program. It is for aliens who are ineligible for other Medicaid programs, due to citizenship or alien status requirements described in WAC 388-424-0005 and 388-424-0010.
(2) Except for the Social Security Number, citizenship, or alien status requirements, the 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 meet SSI disability criteria. See WAC 388-519-0100.
(4) To qualify for the AEM program, the alien must have an emergency medical condition as described in WAC 388-500-0005.
(5) The alien's date of arrival in the United States is not used when determining eligibility for the AEM program.
[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.]