PROPOSED RULES
(Medicaid Program)
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-09-091.
Title of Rule and Other Identifying Information: WAC 182-507-0130 Refugee medical assistance (RMA) and 182-507-0135 Immigration status requirement for refugee assistance.
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Conference Room, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://maa.dshs.wa.gov/pdf/CherryStreetDirectionsNMap.pdf or directions can be obtained by calling (360) 725-1000), on September 4, 2012, at 10:00 a.m.
Date of Intended Adoption: Not sooner than September 5, 2012.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by September 4, 2012.
Assistance for Persons with Disabilities: Contact Kelly Richters by August 27, 2012, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: With passage of 2E2SHB 1738, the responsibility for RMA was transferred to HCA. HCA is recodifying the rules for RMA under TITLE 182 WAC.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 41.05.021.
Statute Being Implemented: Chapter 15, Laws of 2011 (2E2SHB 1738).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1344; Implementation and Enforcement: Dody McAlpine, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-9964.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The joint administrative rules review committee has not requested the filing of a small business economic impact statement, and these rules do not impose a disproportionate cost impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules [review] committee or applied voluntarily.
July 27, 2012
Kevin M. Sullivan
Rules Coordinator
OTS-4819.1
AMENDATORY SECTION(Amending WSR 12-02-034, filed 12/29/11,
effective 1/1/12)
WAC 182-507-0130
Refugee medical assistance (RMA).
(((1) Who can apply for refugee medical assistance?
Anyone can apply for refugee medical assistance (RMA) and have eligibility determined by the department of social and health services (DSHS).
(2) Who is eligible for refugee medical assistance?
(a) You are eligible for RMA if you meet all of the following conditions:
(i) Immigration status requirements of WAC 388-466-0005;
(ii) Income and resource requirements of WAC 388-466-0140;
(iii) Monthly income standards up to two hundred percent of the federal poverty level (FPL). Spenddown is available for applicants whose income exceeds two hundred percent of FPL (see WAC 388-519-0110); and
(iv) Provide the name of the voluntary agency (VOLAG) which helped bring you to this country, so that DSHS can promptly notify the agency (or sponsor) about your application for RMA.
(b) You are eligible for RMA if you:
(i) Receive refugee cash assistance (RCA) and are not eligible for medicaid or children's healthcare programs as described in WAC 388-505-0210; or
(ii) Choose not to apply for or receive RCA and are not eligible for medicaid or children's healthcare programs as described in WAC 388-505-0210, but still meet RMA eligibility requirements.
(3) Who is not eligible for refugee medical assistance?
You are not eligible to receive RMA if you are:
(a) Already eligible for medicaid or children's healthcare programs as described in WAC 388-505-0210;
(b) A full-time student in an institution of higher education unless the educational activity is part of a department-approved individual responsibility plan (IRP);
(c) A nonrefugee spouse of a refugee.
(4) If I have already received a cash assistance grant from voluntary agency (VOLAG), will it affect my eligibility for RMA?
No. A cash assistance payment provided to you by your VOLAG is not counted in determining eligibility for RMA.
(5) If I get a job after I have applied but before I have been approved for RMA, will my new income be counted in determining my eligibility?
No. Your RMA eligibility is determined on the basis of your income and resources on the date of the application.
(6) Will my sponsor's income and resources be considered in determining my eligibility for RMA?
Your sponsor's income and resources are not considered in determining your eligibility for RMA unless your sponsor is a member of your assistance unit.
(7) How do I find out if I am eligible for RMA?
DSHS will send you a letter in both English and your primary language informing you about your eligibility. DSHS will also let you know in writing every time there are any changes or actions taken on your case.
(8) Will RMA cover my medical expenses that occurred after I arrived in the U.S. but before I applied for RMA?
You may be eligible for RMA coverage of your medical expenses for three months prior to the first day of the month of your application. Eligibility determination will be made according to medicaid rules.
(9) If I am a victim of human trafficking, what kind of documentation do I need to provide to be eligible for RMA?
You are eligible for RMA to the same extent as a refugee, if you are:
(a) An adult victim, eighteen years of age or older, and you provide the original certification letter from the U.S. Department of Health and Human Services (DHHS). You also have to meet eligibility requirements in subsections (2)(a) and (b) of this section. You do not have to provide any other documentation of your immigration status. Your entry date will be the date on your certification letter.
(b) A child victim under the age of eighteen, in which case you do not need to be certified. DHHS issues a special letter for children. Children also have to meet income eligibility requirements.
(c) A family member of a certified victim of human trafficking, you have a T-2, T-3, T-4, or T-5 Visa (Derivative T-Visas), and you meet eligibility requirements in subsections (2)(a) and (b) of this section.
(10) If I am an asylee, what date will be used as an entry date?
If you are an asylee, your entry date will be the date that your asylum status is granted. For example, if you entered the United States on December 1, 1999 as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000 and granted asylum on September 1, 2000, your date of entry is September 1, 2000. On September 1, 2000 you may be eligible for refugee medical assistance.
(11) When does my RMA end?
Your refugee medical assistance will end on the last day of the eighth month from the month of your entry into the United States. Start counting the eight months with the first day of the month of your entry into the U.S. For example, if you entered the U.S. on May 28, 2000, your last month is December 2000.
(12) What happens if my earned income goes above the income standards?
(a) If you are getting RMA, your medical eligibility will not be affected by the amount of your earnings;
(b) If you were getting medicaid and it was terminated because of your earnings, we will transfer you to RMA for the rest of your RMA eligibility period. You will not need to apply.
(13) Will my spouse also be eligible for RMA, if he/she arrives into the U.S. after me?
When your spouse arrives in the U.S., we will determine his/her eligibility for medicaid and other medical programs.
(a) If your spouse is eligible for RCA, he/she is automatically eligible for RMA.
(b) If your spouse is not eligible for RCA because your household's countable income exceeds the TANF income and resource standards described in chapter 388-450 and 388-470 WAC, he/she is eligible for RMA as long as the countable household income is below two hundred percent of federal poverty level (FPL) per WAC 388-466-0140(2).
(c) If your spouse is approved for RMA, he/she would have a maximum of eight months of RMA starting on the first day of the month of his/her arrival.
(14) What do I do if I disagree with a decision or action that has been taken by DSHS on my case?
If you disagree with the decision or action taken on your case by department you have the right to request a review of your case or request an administrative hearing (see WAC 388-02-0090). Your request must be made within ninety days of the date of the decision or action.
(15) What happens to my medical coverage after my eligibility period is over?
We will determine your eligibility for other medical programs. You may have to complete an application for another program.)) (1) An individual is eligible for refugee medical assistance (RMA) if the following conditions are met. The individual:
(a) Meets immigration status requirements of WAC 182-507-0135;
(b) Has countable resources below one thousand dollars on the date of application;
(c) Has countable income equal to or below two hundred percent of the federal poverty level (FPL) on the date of application. The following income is not considered when determining eligibility for RMA:
(i) Resettlement cash payments made by the voluntary agency (VOLAG);
(ii) Income of a sponsor is not counted unless the sponsor is also part of the individual's assistance unit; and
(iii) Income received after the date of application.
(d) Provides the name of the VOLAG which helped bring the individual to the United States so that the department of social and health services (DSHS) can promptly notify the VOLAG (or sponsor) about the medical application.
(2) An individual who receives refugee cash assistance (RCA) is eligible for RMA as long as the individual is not otherwise eligible for medicaid or a children's health care program as described in WAC 182-505-0210. An individual does not have to apply for or receive RCA in order to qualify for RMA.
(3) An individual is not eligible to receive RMA if the individual is:
(a) Already eligible for medicaid or a children's health care program as described in WAC 182-505-0210;
(b) A full-time student in an institution of higher education unless the educational activity is part of a DSHS-approved individual responsibility plan (IRP); or
(c) A nonrefugee spouse of a refugee.
(4) If approved for RMA, the agency or its designee issues an approval letter in both English and the individual's primary language. The agency or its designee also sends a notice every time there are any changes or actions taken which affect the individual's eligibility for RMA.
(5) An individual may be eligible for RMA coverage of medical expenses incurred during the three months prior to the first day of the month of the application. Eligibility determination will be made according to medicaid rules.
(6) A victim of human trafficking must provide the following documentation and meet the eligibility requirements in subsections (1) and (2) of this section to be eligible for RMA:
(a) Adults, eighteen years of age or older, must provide the original certification letter from the United States Department of Health and Human Services (DHHS). No other documentation is needed. The eight-month eligibility period will be determined based on the entry date on the individual's certification letter;
(b) A child victim under the age of eighteen does not need to be certified. DHHS issues a special letter for children. Children also have to meet income eligibility requirements;
(c) A family member of a certified victim of human trafficking must have a T-2, T-3, T-4, or T-5 visa (derivative T-Visas), and the family member must meet eligibility requirements in subsections (1) and (2) of this section.
(7) The entry date for an asylee is the date that the individual's asylum status is granted. For example, an individual entered the United States on December 1, 1999, as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000, and was granted asylum on September 1, 2000. The date of entry is September 1, 2000, and that is the date used to establish eligibility for RMA.
(8) RMA ends on the last day of the eighth month from the month the individual entered the United States. For example, an individual who entered the United States on May 28, 2011, is eligible through the end of December 2011.
(9) An individual approved for RMA is continuously eligible through the end of the eighth month after the individual's entry to the United States, regardless of an increase in income.
(10) The agency, or its designee, determines eligibility for medicaid and other medical programs for an individual's spouse when the spouse arrives in the United States. If the spouse is not eligible for medicaid due to the countable income of the individual, the spouse is still eligible for RMA for eight months following the spouse's entry into the United States.
(11) An individual who disagrees with a decision or action taken on the case by the agency, or its designee, has the right to request a review of the case action(s) or request an administrative hearing (see chapter 182-526 WAC). The request must be received by the agency, or its designee, within ninety days of the date of the decision or action.
[12-02-034, recodified as § 182-507-0130, filed 12/29/11, effective 1/1/12. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.320, Pub. L. No. 110-181, National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 111-08, the Omnibus Appropriations Act of 2009, Division F, Title VI, Section 602; Office of Refugee Resettlement State Letter 09-17 from April 9, 2009; and federal guidance issued on May 15, 2009, by the Food and Nutrition Service, United States Department of Agriculture. 09-21-046, § 388-466-0130, filed 10/14/09, effective 11/4/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08A.320, 74.08.090, and Public Law 110-161 Section 525; Public Law 110-181 Section 1244; FNS Admin Notice 08-17; State Letter 04-12 from the Office of Refugee Resettlement. 08-14-116, § 388-466-0130, filed 6/30/08, effective 8/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-05-010, § 388-466-0130, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.08.090, 74.08A.320. 00-21-065, § 388-466-0130, filed 10/16/00, effective 11/1/00.]
(a) Admitted as a refugee under section 207 of the Immigration and Nationalities Act (INA);
(b) Paroled into the United States as a refugee or asylee under section 212 (d)(5) of the INA;
(c) Granted conditional entry under section 203 (a)(7) of the INA;
(d) Granted asylum under section 208 of the INA;
(e) Admitted as an Amerasian immigrant from Vietnam through the orderly departure program, under section 584 of the Foreign Operations Appropriations Act, incorporated in the FY88 continuing resolution P.L. 100-212;
(f) A Cuban-Haitian entrant who was admitted as a public interest parolee under section 212 (d)(5) of the INA;
(g) Certified as a victim of human trafficking by the federal Office of Refugee Resettlement (ORR);
(h) An eligible family member of a victim of human trafficking certified by ORR who has a T-2, T-3, T-4, or T-5 visa; or
(i) Admitted as special immigrant from Iraq or Afghanistan under section 101 (a)(27) of the INA.
(2) A permanent resident alien meets the immigration status requirements for RCA and RMA if the individual was previously in one of the statuses described in subsection (1)(a) through (g) of this section.
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