PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-14-043.
Title of Rule: WAC 388-438-0110 Alien emergency medical (AEM) program.
Purpose: The proposed amendment is necessary to include the client population eligible for nursing facility or COPES services.
Statutory Authority for Adoption: RCW 74.08.090 and C.F.R. 436.128, 436.406(c) and 440.255.
Statute Being Implemented: RCW 74.08.090 and C.F.R. 436.128, 436.406(c) and 440.255.
Summary: A person determined by the department to require nursing facility or COPES level of care meets the emergency medical condition criteria of the alien emergency medical program.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, Medical Assistance Administration, Mailstop 45534, Olympia, Washington 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: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose 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 affects eligibility for medical assistance programs.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to eligibility.
Hearing Location: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 23, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper by January 16, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by January 23, 2001.
Date of Intended Adoption: No sooner than January 24, 2001.
December 11, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2780.3 (2) Except for the Social Security Number, citizenship, or
alien status requirements, ((the)) 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.
[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.]