WSR 08-05-104

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 19, 2008, 8:41 a.m. ]

Subject of Possible Rule Making: The division of employment and assistance programs is proposing to amend WAC 388-466-0005 Immigration status requirements for refugee assistance, 388-466-0120 Refugee cash assistance, 388-466-0130 Refugee medical assistance, 388-424-0010 Citizenship and alien status -- Eligibility restrictions for temporary assistance for needy families program and medical benefits, including nonemergency Medicaid and state children's health insurance program (SCHIP), 388-424-0020 How does my alien status impact my eligibility for the federally funded Washington Basic Food program benefits?, 388-505-0110 Medical assistance coverage for adults not covered under family medical programs, and other related WACs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.320, 74.09.035, and 74.09.522.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule change is needed to allow Iraqi/Afghan special immigrants to be eligible for refugee cash assistance and refugee medical assistance and services as allowed under federal law. The amendments will also reflect that Iraqi/Afghan special immigrants are eligible for entitlement programs, as cited in the Consolidated Appropriations Act, 2008. The preproposal statement of inquiry is in response to the Consolidated Appropriations Act, 2008, which was signed into law on December 26, 2007, guidance from Brent Orrell, acting director of the office of refugee resettlement, and the National Defense Bill which passed on January 28, 2008.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Berry, Program Manager, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4617, fax (360) 413-3293, e-mail berrytj@dshs.wa.gov.

February 19, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office