WSR 07-03-174

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

(Medical Assistance)

[ Filed January 24, 2007, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-19-078.

Title of Rule and Other Identifying Information: WAC 388-424-0006 Citizenship and alien status--Date of entry.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on February 27, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 28, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on February 27, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by February 23, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Current WAC describes certain groups of "qualified aliens" that are exempt from the five-year ban on receipt of Medicaid, including conditional entrants.

Any newly arriving conditional entrants are not exempt from the five-year ban.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.050, and 74.09.530.

Rule is necessary because of federal law, Medicaid Manual, Chapter 3211.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joanie Scotson, P.O. Box 45531, Olympia, WA 98504-5531, (360) 725-1542.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Client eligibility rules for medical assistance are exempt from this requirement according to RCW 34.05.328 (5)[(b)](vii).

January 19, 2007

Jim Schnellman, Chief

Office of Administrative Resources

3828.1
AMENDATORY SECTION(Amending WSR 05-16-055, filed 7/28/05, effective 8/28/05)

WAC 388-424-0006   Citizenship and alien status -- Date of entry.   (1) A person who physically entered the U.S. prior to August 22, 1996 and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on TANF, nonemergency Medicaid, and SCHIP.

(2) A person who entered the U.S. prior to August 22, 1996 but became "qualified" on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996 and who requires five years of residency to be eligible for federal Basic Food, can only count years of residence during which they were a "qualified alien."

(3) A person who physically entered the U.S. on or after August 22, 1996 is subject to the five-year bar on TANF, nonemergency Medicaid, and SCHIP unless exempt. The five-year bar starts on the date that "qualified" status is obtained.

(4) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar:

(a) Amerasian lawful permanent residents;

(b) Asylees;

(c) ((Conditional entrants;

(d))) Cuban/Haitian entrants;

(((e))) (d) Persons granted withholding of deportation or removal;

(((f))) (e) Refugees;

(((g))) (f) Victims of trafficking who have been certified or had their eligibility approved by the office of refugee resettlement (ORR); and

(((h))) (g) Lawful permanent residents, parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-16-055, 388-424-0006, filed 7/28/05, effective 8/28/05; 04-15-004, 388-424-0006, filed 7/7/04, effective 8/7/04.]

Washington State Code Reviser's Office