SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Purpose: Adopting amended and new rules in chapter 388-424 WAC, and repealing WAC 388-424-0005 (see below for a list of WAC affected by this order). These rule changes are necessary to conform to changes in federal law and to address gaps and ambiguities in the current rules.
New sections WAC 388-424-0001 Citizenship and alien status--Definitions, 388-424-0006 Citizenship and alien status--Date of entry, 388-424-0007 Citizenship and alien status--Armed services or veteran status, 388-424-0008 Citizenship and alien status--Work quarters, 388-424-0009 Citizenship and alien status -- Social Security number (SSN) requirements, and 388-424-0016 Citizenship and alien status--Immigrant eligibility restrictions for state medical benefits; and repealing WAC 388-424-0005 The effect of citizenship and alien status on eligibility for benefits; and amending WAC 388-424-0010 Citizenship and alien status--Immigrant eligibility restrictions for TANF and medical benefits, including Medicaid and SCHIP, 388-424-0015 Citizenship and alien status -- Immigrant eligibility restrictions for the SFA, GA, and ADATSA programs, 388-424-0020 How does my alien status impact my eligibility for federally-funded Washington Basic Food program benefits?, and 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?
Citation of Existing Rules Affected by this Order: Repealing WAC 388-424-0005; and amending WAC 388-424-0010, 388-424-0015, 388-424-0020, and 388-424-0025.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Adopted under notice filed as WSR 04-10-100 on May 4, 2004.
Changes Other than Editing from Proposed to Adopted Version: (1) WAC 388-424-0001 is changed:
• To make clear that, under the definition of "qualified aliens," children of abused spouses are included in a parent's petition;
• To substitute the definition of "victim of trafficking" in federal statute (P.L. 106-386) for the definition in the proposed rule;
• To clarify that only victims of trafficking who have been certified or approved by ORR are treated as refugees; and
• To reflect that under federal law (P.L. 108-193) derivative beneficiaries of certified trafficking victims are eligible for federal benefits.
(2) The term "public interest" is deleted from the reference to "parolees" in WAC 388-424-0006.
(3) WAC 388-424-0008 is changed to clarify that the given definition of "federal means tested benefits" is specifically applicable toward the counting of Social Security work quarters.
(4) WAC 388-424-0009 is changed to clarify that all qualified aliens must apply for an SSN, even if not work-authorized, and that the department is obligated to assist in their application.
Number of Sections Adopted in Order to Comply with Federal Statute: New 4, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, 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 1, Amended 4, Repealed 1.
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 6, Amended 4, Repealed 1.
Date Adopted: July 1, 2004.
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-16 issue of the Register.