WSR 97-08-074
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Public Assistance)
[Filed April 2, 1997, 8:20 a.m.]
Date of Adoption: April 1, 1997.
Purpose: Eliminates organ transplants and related medical coverage for aliens otherwise eligible for emergency medical services.
Citation of Existing Rules Affected by this Order: Amending WAC 388-505-0520.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, and 74.08.090.
Other Authority: 42 CFR 440.255, Section 401 of HR 3734.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Federal requirement.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.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: Immediately.
April 1, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3983, filed 6/6/96, effective 7/7/96)
WAC 388-505-0520 Citizenship and alien status. (1) The department shall provide Medicaid to an otherwise eligible person who is:
(a) A citizen of the United States; or
(b) A North American Indian born in Canada claiming fifty percent:
(i) Indian blood; or
(ii) Or less Indian blood and who has maintained United States residency since before December 25, 1952.
(c) An alien lawfully admitted for permanent residence or otherwise permanently residing under color of law (PRUCOL) in the United States; or
(d) An alien lawfully present in the United States according to sections 203 (a)(7), 207(c), 208, and 212 (d)(5) of the Immigration and Nationality Act (INA); or
(e) An alien granted lawful temporary residence, or permanent residence according to sections 245(a), 210, 210(f), and 210A of INA and sections 202 and 302 of the Immigration Reform and Control Act (IRCA), unless five years from the date Immigration and Naturalization Service (INS) grants lawful temporary resident status has not passed; or
(f) An alien approved by the INS under the family unity program, unless five years from the date INS grants lawful temporary resident status for the petitioning relative has not passed.
(2) When an alien as described under subsection (1)(e) or (f) of this section has not passed the five-year disqualification period, the department shall provide Medicaid to an otherwise eligible person when the alien is:
(a) Aged, blind, or disabled; or
(b) Seventeen years of age or under; or
(c) Pregnant; or
(d) A Cuban/Haitian entrant as defined in sections 501 (e)(1) and (2)(A) of P.L. 96-422.
(3) When an alien as described under subsection (1)(e) or (f) of this section is still under the five-year disqualification period, and is not described under subsection (2) of this section, the department shall provide medical care and services as necessary for treatment of the alien's emergency medical condition as defined under WAC 388-500-0005.
(4) For any other alien, when such alien meets the eligibility requirements of a Medicaid program other than citizenship or alien status requirements, the department shall provide Medicaid as follows:
(a) Full scope medical services for a pregnant woman; or
(b) Medical care and services, with the exception of organ transplants and related medical services, as necessary for treatment of the alien's emergency medical condition as defined under WAC 388-500-0005.
(5) Medical care services and children's health programs do not
require citizenship/alien status.
[Statutory Authority: RCW 74.08.090. 96-13-002 (Order 3983), 388-505-0520, filed 6/6/96, effective 7/7/96. Statutory Authority: RCW 74.08.090 and 1995 2nd sp.s. c 18. 95-24-016 (Order 3923), 388-505-0520, filed 11/22/95, effective 12/23/95. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-505-0520, filed 5/3/94, effective 6/3/94. Formerly WAC 388-83-015.]