WSR 02-03-008



(Medical Assistance Administration)

[ Filed January 4, 2002, 8:17 a.m. ]

Date of Adoption: December 31, 2001.

Purpose: To adopt language inadvertently left out of rule concerning Canadian-born Indians and add new federal requirements concerning the automatic acquisition of citizenship for certain children born outside the United States.

Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0010.

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

Other Authority: Public Law 106-395.

Adopted under notice filed as WSR 01-23-070 on November 20, 2001.

Changes Other than Editing from Proposed to Adopted Version: At subsection (3) deleted "upon adoption by a U.S. citizen"; and at subsection (3)(a) deleted "adoptive."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

December 31, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-17-023, filed 8/10/99, effective 9/10/99)

WAC 388-424-0010   Alien status--Eligibility requirements for the temporary assistance for needy families program and medical benefits.   (1) Qualified aliens as described in WAC 388-424-0005(3) who were residing in the United States (U.S.) before August 22, 1996 may receive temporary assistance for needy families (TANF), Medicaid, and CHIP benefits.

(2) Qualified aliens who first physically entered the U.S. after August 21, 1996 cannot receive TANF, Medicaid, or CHIP for five years after their date of entry, unless they are any of the following:

(a) An alien as described under WAC 388-424-0005 (3)(b), (d), (e), (g), or (h); or

(b) A lawful permanent resident who is:

(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 1, 1946, as described in Title 38, section 107 of the U.S. code;

(iv) A Hmong or Highland Lao veteran who served in the military on behalf of the U.S. Government during the Vietnam conflict; or

(v) The spouse or unmarried dependent child(ren) of a person described in subsection (2)(((f)))(b)(i) through (iv) of this section.

(3) A child born outside of the U.S. automatically becomes a U.S. citizen when:

(a) At least one of the parents is a U.S. citizen by birth or naturalization;

(b) The child is under eighteen years of age; and

(c) The child is residing in the U.S. in legal and physical custody of the citizen parent.

(4) An Indian as described in WAC 388-424-0020 (2)(b) and (c) may receive Medicaid or CHIP benefits.

(5) Aliens, including PRUCOL aliens as defined in WAC 388-424-0005(4), who would qualify for Medicaid benefits, but are determined ineligible because of alien status or requirements for a Social Security Number, may receive medical coverage as follows:

(a) State-funded categorically needy (CN) scope of care for:

(i) Pregnant women, as ((specified)) described in WAC 388-462-0015;

(ii) Children as ((specified)) described in WAC 388-505-0210; or

(iii) ((Persons eligible for or receiving cash assistance under the state family assistance program (SFA); or

(iv) Aliens who were lawfully residing in the U.S. before August 22, 1996, including PRUCOL aliens as defined in WAC 388-424-0005(4))) Family medical as described in WAC 388-505-0220.

(b) Alien emergency medical services as ((specified)) described in WAC 388-438-0110.

(((4))) (6) Alien status does not effect eligibility for the medically indigent program described in WAC 388-438-0100.

[Statutory Authority: RCW 74.08.090 and 74.08A.100. 99-17-023, 388-424-0010, filed 8/10/99, effective 9/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0010, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0520 and 388-518-1805.]

Washington State Code Reviser's Office