PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-24-098.
Title of Rule: WAC 388-424-0010 Alien status -- Eligibility requirements for the temporary assistance for needy families and medical benefits.
Purpose: Include language initially inadvertently left out of rule concerning Canadian-born Indians and add new federal requirements concerning children born outside of the United States and adopted by United States citizens.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Public Law 106-395.
Statute Being Implemented: Public Law 106-395.
Summary: Add language initially inadvertently left out of rule concerning Canadian-born Indians and add new federal requirement concerning children born outside of the United States and adopted by United States citizens.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45534, Olympia, WA 98504-5534, (360) 725-1330.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Public Law 106-395.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule includes language initially inadvertently left out of rule concerning Canadian-born Indians and add new federal requirements concerning children born outside of the United States and adopted by United States citizens, pursuant to Public Law 106-395.
Proposal Changes the Following Existing Rules: This rule allows children born outside the United States but adopted by a United States citizen to immediately achieve citizenship.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule has no impact on small businesses. It affects eligibility for medical assistance programs.
RCW 34.05.328 applies to this rule adoption. This rule does meet the definition of a significant legislative rule, but it is exempt under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Office Building-2 Auditorium, DSHS Headquarters Building, 1115 Washington, 15th and Jefferson, Olympia, WA 98504, on December 26, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 21, 2001, 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 Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by 5:00 p.m., December 26, 2001.
Date of Intended Adoption: Not sooner than December 27, 2001.
November 15, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2897.6(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)(((f)))(b)(i) through (iv) of this
section.
(3) A child born outside of the U.S. automatically becomes a U.S. citizen upon adoption by a U.S. citizen when:
(a) At least one of the adoptive 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.
(4) An Indian as described in WAC 388-424-0020 (2)(b) and (c) may receive Medicaid or CHIP benefits.
(5) 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 ((specified)) described in WAC 388-462-0015;
(ii) Children as ((specified)) described in WAC 388-505-0210; or
(iii) ((Persons eligible for or receiving cash assistance
under the state family assistance program (SFA); or
(iv) Aliens who were lawfully residing in the U.S. before August 22, 1996, including PRUCOL aliens as defined in WAC 388-424-0005(4))) Family medical as described in WAC 388-505-0220.
(b) Alien emergency medical services as ((specified))
described in WAC 388-438-0110.
(((4))) (6) Alien status does not effect eligibility for the
medically indigent program described in WAC 388-438-0100.
[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.]