WSR 15-07-084 PROPOSED RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed March 17, 2015, 1:38 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-03-055.
Title of Rule and Other Identifying Information: WAC 182-503-0530 Citizenship and alien status and 182-503-0535 Washington apple health—Citizenship and alien status.
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Pear Conference Room, CSP 107, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on April 21, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than April 22, 2015.
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 5:00 p.m. on April 21, 2015.
Assistance for Persons with Disabilities: Contact Kelly Richters by April 13, 2015, 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: The proposed rule combines text from both sections with the intention of repealing WAC 182-503-0530. The proposed rule clarifies policy by simplifying the subsections about client eligibility, and the five-year bar. Only necessary terms appear in the definition section, and supplemental resource information has been removed.
Reasons Supporting Proposal: Reconstruction of these rules is necessary to reduce the risk of conflict with federal law.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1842; Implementation and Enforcement: Mick Pettersen, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-0913.
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.
March 17, 2015
Jason R. P. Crabbe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-16-052, filed 7/29/14, effective 8/29/14)
WAC 182-503-0535 Washington apple health—Citizenship and ((alien)) immigration status.
(((1) To receive Washington apple health (WAH) coverage, you must meet all other eligibility requirements and be one of the following as defined in WAC 182-503-0530:
(a) A United States (U.S.) citizen;
(b) A U.S. national;
(c) A qualified alien; or
(d) A nonqualified alien and you are a:
(i) Pregnant woman;
(ii) Person who is otherwise eligible for medical care services (see WAC 182-508-0005);
(iii) Child under age nineteen; or
(iv) Child under age twenty-one who resides in an institution.
(2) If you are a nonqualified alien approved under deferred action childhood arrivals (DACA), then you are not eligible for WAH under subsection (1)(d) of this section. However, you may qualify under subsection (6) of this section.
(3) If you are a qualified alien as defined in WAC 182-503-0530, who physically entered the U.S. before August 22, 1996, you may receive WAH for nonpregnant adults if you:
(a) Became a qualified alien before August 22, 1996; or
(b) Became a qualified alien on or after August 22, 1996, and have continuously resided in the U.S. between your date of entry into the U.S. and the date on which you became a qualified alien.
(4) If you are a qualified alien who physically entered the U.S. on or after August 22, 1996, and you are a nonpregnant adult, you are not eligible to receive WAH for five years beginning on the day you most recently became a qualified alien, unless you meet one of the exemptions in subsection (5) of this section. This is called the five-year bar. The five-year bar starts on the day you obtain qualified alien status.
(5) You are exempt from the five-year bar if you are one of the following qualified aliens as defined in WAC 182-503-0530:
(a) Amerasian lawful permanent residents;
(b) Asylees;
(c) Cuban/Haitian entrants;
(d) Persons granted withholding of deportation or removal;
(e) Refugees;
(f) Special immigrants from Iraq and Afghanistan;
(g) Victims of trafficking who have been certified or had their eligibility approved by the Office of Refugee Resettlement (ORR); and
(h) American Indians born outside the U.S. without regard to immigration status or date of entry if:
(i) They were born in Canada and are fifty percent American Indian blood (but need not belong to a federally recognized tribe); or
(ii) They are members of a federally recognized Indian tribe or Alaskan Native village or corporation; and
(i) Lawful permanent residents, parolees, or battered aliens, who are also an armed services member or veteran, or a family member of an armed services member or veteran, as described below:
(i) On active duty in the U.S. military, other than active duty for training;
(ii) An honorably discharged U.S. veteran;
(iii) A veteran of the military forces of the Philippines who served prior to July 1st, 1946, as described in Title 38, Section 107 of the U.S. Code; or
(iv) The spouse, unremarried widow or widower, or unmarried dependent child of a veteran or active duty service member.
(6) If you are ineligible for WAH because of the five-year bar or because of your immigration status, including if you are approved under DACA, you may be eligible for:
(a) The WAH alien emergency medical program as described in WAC 182-507-0110 through 182-507-0125;
(b) WAH pregnancy medical for noncitizen women as described in WAC 182-505-0115;
(c) WAH for kids for pregnant minors as described in WAC 182-505-0117;
(d) State-funded WAH for kids as described in WAC 182-505-0210; or
(e) The medical care services (MCS) program as described in chapter 182-508 WAC.)) (1) Definitions.
(a) Nonqualified alien means someone who is lawfully present in the United States (U.S.) but who is not a qualified alien, a U.S. citizen, a U.S. national, or a qualifying American Indian born abroad.
(b) Qualified alien means someone who is lawfully present in the United States and who is one or more of the following:
(i) A person lawfully admitted for permanent residence (LPR).
(ii) An abused spouse or child, a parent of an abused child, or a child of an abused spouse who no longer resides with the person who committed the abuse, and who has one of the following:
(A) A pending or approved I-130 petition or application to immigrate as an immediate relative of a U.S. citizen or as the spouse of an unmarried LPR younger than twenty-one years of age.
(B) Proof of a pending application for suspension of deportation or cancellation of removal under the Violence Against Women Act (VAWA).
(C) A notice of prima facie approval of a pending self-petition under VAWA. An abused spouse's petition covers his or her child if the child is younger than twenty-one years of age. In that case, the child retains qualified alien status even after he or she turns twenty-one years of age.
(iii) A person who has been granted parole into the U.S. for one year or more, under the Immigration and Nationality Act (INA) Section 212 (d)(5), including public interest parolees.
(iv) A member of a Hmong or Highland Laotian tribe that rendered military assistance to the U.S. between August 5, 1964, and May 7, 1975, including the spouse, unremarried widow or widower, and unmarried dependent child of the tribal member.
(v) A person who was admitted into the U.S. as a conditional entrant under INA Section 203 (a)(7) before April 1, 1980.
(vi) A person admitted to the U.S. as a refugee under INA Section 207.
(vii) A person who has been granted asylum under INA Section 208.
(viii) A person granted withholding of deportation or removal under INA Section 243(h) or 241 (b)(3).
(ix) A Cuban or Haitian national who was paroled into the U.S. or given other special status.
(x) An Amerasian child of a U.S. citizen under 8 C.F.R. Section 204.4(a).
(xi) A person from Iraq or Afghanistan who has been granted special immigrant status under INA Section 101 (a)(27).
(xii) A person who has been certified or approved as a victim of trafficking by the federal office of refugee resettlement, or who is:
(A) The spouse or child of a trafficking victim of any age; or
(B) The parent or minor sibling of a trafficking victim who is younger than twenty-one years of age.
(c) U.S. citizen means someone who is a United States citizen under federal law.
(d) U.S. national means someone who is a United States national under federal law.
(e) Undocumented person means someone who is not lawfully present in the U.S.
(f) Qualifying American Indian born abroad means someone who:
(i) Was born in Canada and has at least fifty percent American Indian blood, regardless of tribal membership; or
(ii) Was born outside of the United States and is a member of a federally recognized tribe or an Alaska Native enrolled by the Secretary of the Interior under the Alaska Native Claims Settlement Act.
(2) Eligibility.
(a) A U.S. citizen, U.S. national or qualifying American Indian born abroad may be eligible for:
(i) Apple health for adults;
(ii) Apple health for kids;
(iii) Apple health for pregnant women; or
(iv) Classic medicaid.
(b) A qualified alien who meets or is exempt from the five-year bar may be eligible for:
(i) Apple health for adults;
(ii) Apple health for kids;
(iii) Apple health for pregnant women; or
(iv) Classic medicaid.
(c) A qualified alien who neither meets nor is exempt from the five-year bar may be eligible for:
(i) Alien medical programs;
(ii) Apple health for kids;
(iii) Apple health for pregnant women; or
(iv) Medical care services.
(d) A nonqualified alien may be eligible for:
(i) Alien medical programs;
(ii) Apple health for kids;
(iii) Apple health for pregnant women; or
(iv) Medical care services.
(e) An undocumented person may be eligible for:
(i) Alien medical programs;
(ii) State-only funded apple health for kids; or
(iii) State-only funded apple health for pregnant women.
(3) The five-year bar.
(a) A qualified alien meets the five-year bar if he or she:
(i) Continuously resided in the U.S. for five years or more from the date he or she became a qualified alien; or
(ii) Entered the U.S. before August 22, 1996, and:
(A) Became a qualified alien before August 22, 1996; or
(B) Became a qualified alien on or after August 22, 1996, and has continuously resided in the U.S. between the date of entry into the U.S. and the date he or she became a qualified alien.
(b) A qualified alien is exempt from the five-year bar if he or she is:
(i) A qualified alien as defined in subsections (1)(b)(vi) through (xii) of this section;
(ii) An LPR, parolee, or abused person, who is also an armed services member or veteran, or a family member of an armed services member or veteran, as described below:
(A) An active-duty member of the U.S. military, other than active-duty for training;
(B) An honorably discharged U.S. veteran;
(C) A veteran of the military forces of the Philippines who served before July 1, 1946, as described in Title 38 U.S.C. Section 107; or
(D) The spouse, unremarried widow or widower, or unmarried dependent child of an honorably discharged U.S. veteran or active-duty member of the U.S. military.
REPEALER
The following section of the Washington Administrative Code is repealed:
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