WSR 24-21-013
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed October 3, 2024, 12:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-17-116.
Title of Rule and Other Identifying Information: WAC 182-507-0130 Refugee medical assistance (RMA), and 182-509-0001 Countable income for Washington apple health programs.
Hearing Location(s): On November 26, 2024, at 10:00 a.m. The health care authority (HCA) holds public hearings virtually without a physical meeting place. To attend the virtual public hearing, you must register in advance https://us02web.zoom.us/webinar/register/WN_zumlUaSYRMWndsccsc_AQA. If the link above opens with an error message, please try using a different browser. After registering, you will receive a confirmation email containing information about joining the public hearing.
Date of Intended Adoption: Not sooner than November 27, 2024.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, beginning October 4, 2024, 8:00 a.m., by November 26, 2024, by 11:59 p.m.
Assistance for Persons with Disabilities: Contact Johanna Larson, phone 360-725-1349, fax 360-586-9727, telecommunication relay service 711, email Johanna.Larson@hca.wa.gov, by November 8, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HCA is amending WAC 182-507-0130 and 182-509-0001 to update the income and resource eligibility standards for the refugee medical assistance program.
Reasons Supporting Proposal: See purpose.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Brian Jensen, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-0815; Implementation and Enforcement: Giovanny Delgado, P.O. Box 42722, Olympia, WA 98504-2722, 360-725-1919.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: The proposed rules pertain to client program eligibility and do not impose costs on businesses.
Scope of exemption for rule proposal:
Is fully exempt.
October 3, 2024
Wendy Barcus
Rules Coordinator
OTS-5828.1
AMENDATORY SECTION(Amending WSR 22-21-072, filed 10/13/22, effective 11/13/22)
WAC 182-507-0130Refugee medical assistance (RMA).
(1) You are eligible for refugee medical assistance (RMA) if all the following conditions are met. You:
(a) Meet immigration status requirements of WAC 182-507-0135;
(b) Have countable resources below (($1,000))$2,000 on the date of application;
(c) Have countable income equal to or below 200 percent of the federal poverty level (FPL) on the date of application. The following income is not considered when determining eligibility for RMA:
(i) Resettlement cash payments made by the voluntary agency (VOLAG);
(ii) Income of a sponsor is not counted unless the sponsor is also part of your assistance unit; and
(iii) Income received after the date of application.
(d) Provide the name of the VOLAG which helped bring you to the United States so that the department of social and health services (DSHS) can promptly notify the VOLAG (or sponsor) about the medical application.
(2) If you receive refugee cash assistance (RCA) you are eligible for RMA ((as long as))if you have countable resources below $2,000 on the date of application and you are not otherwise eligible for another medicaid or ((a)) children's health care program as described in WAC 182-505-0210. You do not have to apply for or receive RCA in order to qualify for RMA.
(3) You are not eligible to receive RMA if you are:
(a) Already eligible for another medicaid or ((a)) children's health care program as described in WAC 182-505-0210;
(b) A full-time student in an institution of higher education unless the educational activity is part of a DSHS-approved individual responsibility plan (IRP); or
(c) A nonrefugee spouse of a refugee.
(4) If approved for RMA, the agency or its designee issues an approval letter in both English and your primary language. The agency or its designee also sends a notice every time there are any changes or actions taken which affect your eligibility for RMA.
(5) You may be eligible for RMA coverage of medical expenses incurred during the three months prior to the first day of the month of the application. Eligibility determination will be made according to medicaid rules.
(6) If you are a victim of human trafficking you must provide the following documentation and meet the eligibility requirements in subsections (1) and (2) of this section to be eligible for RMA:
(a) Adults, 18 years of age or older, must provide the original certification letter from the United States Department of Health and Human Services (DHHS). No other documentation is needed. The eligibility period will be determined based on the entry date on your certification letter;
(b) A child victim under the age of 18 does not need to be certified. DHHS issues a special letter for children. Children also have to meet income eligibility requirements;
(c) A family member of a certified victim of human trafficking must have a T-2, T-3, T-4, or T-5 visa (derivative T-Visas), and the family member must meet eligibility requirements in subsections (1) and (2) of this section.
(7) The entry date for an asylee is the date that asylum status is granted. For example, you entered the United States on December 1, 1999, as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000, and were granted asylum on September 1, 2000. The date of entry is September 1, 2000, and that is the date used to establish eligibility for RMA.
(8) RMA certification period.
(a) RMA ends on either:
(i) The last day of the eighth month from the month the person entered the United States if they entered the United States on or before September 30, 2021. For example, if they entered the United States on September 30, 2021, they are eligible through April 30, 2022; or
(ii) The last day of the 12th month from the month the person entered the United States if they entered the United States on or after October 1, 2021. For example, if they entered the United States on October 25, 2021, they are eligible through September 30, 2022.
(b) You may receive RMA benefits for more months if you are in a category of persons for whom the federal Office of Refugee Resettlement has extended the eligibility period.
(9) If you are approved for RMA you are continuously eligible through the end of the initial RMA certification period, regardless of an increase in income.
(10) The agency, or its designee, determines eligibility for medicaid and other medical programs for your spouse when the spouse arrives in the United States. If the spouse is not eligible for medicaid due to your countable income, the spouse is still eligible for RMA under subsection (8) of this section.
(11) If you disagree with a decision or action taken on the case by the agency, or its designee, you have the right to request a review of the case action(s) or request an administrative hearing (see chapter 182-526 WAC). The request must be received by the agency, or its designee, within 90 days of the date of the decision or action.
OTS-5829.1
AMENDATORY SECTION(Amending WSR 23-11-009, filed 5/4/23, effective 6/4/23)
WAC 182-509-0001Countable income for Washington apple health programs.
(1) For purposes of Washington apple health (((WAH))) program eligibility, a person's countable income is income which remains when:
(a) The income cannot be specifically excluded; and
(b) All appropriate deductions and disregards allowed by a specific program have been applied.
(2) A person's countable income may not exceed the income standard for the specific ((WAH))Washington apple health program, unless the program allows for those limits to be exceeded. Specific program standards are described below:
(a) For modified adjusted gross income (MAGI)-based programs described in WAC 182-503-0510, see WAC 182-505-0100 for the applicable program standard based on a percentage of the federal poverty level (FPL);
(b) For ((WAH))Washington apple health SSI-related CN coverage, see WAC 182-512-0010;
(c) For ((WAH))Washington apple health MN coverage, see WAC 182-519-0050;
(d) For ((WAH))Washington apple health medicare savings programs, see WAC 182-517-0100;
(e) For ((WAH))Washington apple health noninstitutional medical in an alternative living facility, see WAC 182-513-1205; and
(f) For ((WAH))Washington apple health long-term care programs, see WAC 182-513-1315 and 182-513-1395.
(3) For the MAGI-based programs listed below, the agency or its designee determines eligibility based on the countable MAGI income of the members of the person's medical assistance unit as determined per WAC 182-506-0010:
(a) ((WAH))Washington apple health for parents and caretaker relatives program as described in WAC 182-505-0240;
(b) ((WAH))Washington apple health pregnancy program as described in WAC 182-505-0115;
(c) ((WAH))Washington apple health for kids programs as described in WAC 182-505-0210 with the following exceptions:
(i) Newborn children born to a ((woman))person who is eligible for ((WAH))Washington apple health on the date of the newborn's birth, including a retroactive eligibility determination;
(ii) Children who are receiving SSI;
(iii) Children who are in foster care or receiving subsidized adoption services.
(d) ((WAH))Washington apple health MAGI-based adult medical as described in WAC 182-505-0250; and
(e) ((WAH))Washington apple health MAGI-based alien emergency medical as described in WAC 182-507-0110.
(4) For the following SSI-related ((WAH))Washington apple health programs, unless the state has adopted more liberal rules, income rules for the SSI program are used to determine a person's countable income:
(a) ((WAH))Washington apple health noninstitutional SSI-related CN or medically needy (MN) coverage described in chapters 182-511 and 182-512 WAC;
(b) ((WAH))Washington apple health institutional SSI-related CN or MN long-term care or hospice coverage described in chapters 182-513 and 182-515 WAC;
(c) ((WAH))Washington apple health alien emergency medical programs based on age 65 or older or disability described in chapter 182-507 WAC; and
(d) ((WAH))Washington apple health medicare savings programs described in chapter 182-517 WAC.
(5) Anticipated nonrecurring lump sum payments received by an applicant or recipient of a ((WAH))Washington apple health SSI-related medical program are counted as income in the month of receipt, subject to reporting requirements, with the exception of retroactive supplemental security income (SSI)/Social Security disability lump sum payments. See WAC 182-512-0300(4) and 182-512-0700 for more information.
(6) Countable income for the ((WAH))Washington apple health refugee medical (RMA) program and ((WAH))Washington apple health MN program for pregnant ((women))people and children is determined as follows:
(a) The agency or its designee allows the following deductions from a ((person's))household's gross earnings:
(i) ((Fifty))The first $500 of earnings and 50 percent of ((gross earned income))the remaining earnings;
(ii) Actual work-related child and dependent care expenses, which are the person's responsibility; and
(iii) Court or administratively ordered current or back support paid to meet the needs of legal dependents.
(b) Only income actually contributed to ((an alien client))a person from the ((alien's))person's sponsor is countable unless the sponsor signs the affidavit of support I-864 or I-864A.
(c) Nonrecurring lump sum payments are counted as income in the month of receipt and as a resource if the person retains the payment after the month of receipt (resource limits do not apply to MN coverage for pregnant ((women))people and children). For RMA, nonrecurring lump sum payments are counted as income if received in the month of application and not considered if received thereafter per WAC 182-507-0130.
(7) Countable income rules for other ((WAH))Washington apple health programs that are not MAGI-based or SSI-related are described in the specific program rules listed in WAC 182-503-0510 (3)(c).
(8) Some ((WAH))Washington apple health programs are not based on a person's or household's countable income but are based on a specific status or entitlement in federal rule. The rules for these deemed eligible ((WAH))Washington apple health programs are described in WAC 182-503-0510(4).