EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(WorkFirst Division, ORIA)
Date of Adoption: July 18, 2000.
Purpose: Adopting new rules to implement federal changes to the refugee medical assistance program.
Citation of Existing Rules Affected by this Order: Repealing 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 law and in order to continue to meet federal refugee funding requirements.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 1. Effective Date of Rule: Immediately.
July 18, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2788.1(1) Who can apply for refugee medical assistance (RMA)?
Any individual can apply for refugee medical assistance and have eligibility determined by department of social and health services (DSHS).
(2) Who is eligible for refugee medical assistance?
You are eligible for RMA:
(a) If you meet all of the following:
(i) Meet the immigration status requirements of WAC 388-466-0005; and
(ii) Meet the income and resource requirements of WAC 388-466-0010; and
(iii) Meet the monthly income standards as follows:
| Family size | 200% Federal Poverty Level |
| 1 | $1,374 |
| 2 | $1,844 |
| 3 | $2,314 |
| 4 | $2,784 |
| 5 | $3,254 |
| 6 | $3,724 |
| 7 | $4,194 |
| 8 | $4,664 |
| 9 | $5,134 |
| 10 | $5,604 |
If your income exceeds the standard for your family, you may be able to deduct some or all of your medical expenses to help meet the income requirements. This is called spenddown. See WAC 388-519-0110. Spenddown is available for applicants for RMA only.
(iv) Provide the name of the voluntary agency (VOLAG) which resettled you, so that DSHS can promptly notify the agency (or sponsor) about your application for RMA.
(b) Or you meet one of the following:
(i) Receive refugee cash assistance (RCA) and are not eligible for Medicaid or children's health insurance program) (CHIP); or
(ii) Choose not to apply for or receive RCA and are not eligible for Medicaid or CHIP, but still meet RMA eligibility requirements.
(3) Who is not eligible for refugee medical asssistance?
You are not eligible to receive RMA if you:
(a) Are already eligible for Medicaid or CHIP;
(b) Are a full-time student in institutions of higher education unless the educational activity is part of a department-approved employability plan; or
(c) Are a nonrefugee spouse of a refugee.
(4) If I have already received a cash assistance grant from another agency (VOLAG), will it affect my eligibility for RMA?
No. A cash assistance payment provided to you by VOLAG is not counted in determining eligibility for RMA.
(5) If I get a job after I have applied but before I have been approved for RMA, will my new income be counted in determining my eligibility?
No. Your RMA eligibility is determined on the basis of your income and resources on the date of the application.
(6) Will my sponsor's income be considered in determining my eligibility for RMA?
No, if your sponsor is not a member of your assistance unit.
(7) How do I find out if I am eligible for refugee medical assistance?
We will send you a letter in both English and your primary language informing you about your eligibility. We will also let you know in writing every time there are any changes or actions taken on your case.
(8) When does my medical assistance start?
Your medical coverage begins on the first day of the month of your entry date into the U.S. or ninety days prior to the first day of the month of your application, whichever is later.
(9) If I am an asylee, what date will be used as an entry date?
If you are an asylee, your entry date will be the date that your asylum status is granted. For example, if you entered the United States on December 1, 2000 as a tourist, then applied for asylum on April 1, 2000, had an interview with the asylum office on July 1, 2000 and had your asylum granted on September 1, 2000, your date of entry is September 1, 2000. On September 1, 2000 you will be eligible to access refugee medical assistance.
(10) When does my medical assistance end?
Your medical assistance will end on the last day of the eighth month from the month of your entry into the United States. Start counting the eight months from the first day of the month of your entry into the U.S.
(11) What happens if my income goes above the income standards?
(a) If you are getting RMA, your medical eligibility will not be effected by the amount of your earnings;
(b) If you had Medicaid, and it was terminated because of your earnings, we will transfer you to RMA for the rest of your RMA eligibility period without eligibility re-determination.
(12) Will my spouse also be eligible for RMA, if he/she arrives into the U.S. after me?
Every newly arriving refugee has their own eight months time limit for RMA, provided that they meet the eligibility requirements. Eligibility for other medical programs will be determined prior to determining eligibility for RMA.
(13) What do I do if I disagree with a decision or action that has been taken by DSHS on my case?
If you disagree with the decision or action taken on your case by DSHS you have the right to request a review of your case by the leadworker/supervisor or request a fair hearing (see WAC 388-08-413). Your request must be made within ninety days of the decision or action).
(14) What happens to my medical coverage after my eligibility period is over?
We will determine your eligibility for other medical programs and you will be asked to complete an application, if appropriate.
[]
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.2792.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 388-400-0035 | Refugee medical assistance--Summary of eligibility requirements. |