PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: To comply with recently passed federal legislation pertaining to the Children's Health Insurance Program Reauthorization Act (CHIPRA) and Section 8120, Title VIII, Division A of Department of Defense Appropriation Act of 2010 which was signed into law on December 19, 2009, and became Public Law 111-118. The amendments include adding certain PRUCOL (permanently residing under color of law) aliens in the group eligible for pregnancy medical and children's medical; and updating eligibility for assistance for special immigrants from Iraq and Afghanistan. Compliance with federal regulations is required to continue to receive federal funding. The rules also update and clarify current language.
Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0009 and 388-424-0010.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, and 74.08.090.
Other Authority: CHIPRA of 2009, Public Law 111-3, Section 214; Section 8120, Title VIII, Division A of Department of Defense Appropriation Act of 2010, Public Law 111-118.
Adopted under notice filed as WSR 10-11-110 on May 18, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: July 15, 2010.
Katherine I. Vasquez
Rules Coordinator
4185.5(2) The following immigrants are not required to apply for an SSN:
(a) An alien, regardless of immigration status, who is applying for a program listed in WAC 388-476-0005(7);
(b) A PRUCOL (permanently residing under color of law)
alien ((as defined in WAC 388-424-0001)) who is not in one of
the PRUCOL groups listed in WAC 388-424-0010(4); and
(c) Members of a household who are not applying for benefits for themselves.
(3) "Qualified aliens," as defined in WAC 388-424-0001, and PRUCOL aliens in any of the PRUCOL groups listed in WAC 388-424-0010(4), who are applying for federal benefits but who are not authorized to work in the U.S., must still apply for a nonwork SSN. The department must assist them in this application without delay.
(4) An immigrant who is otherwise eligible for benefits may choose not to provide the department with an SSN without jeopardizing the eligibility of others in the household. See WAC 388-450-0140 for how the income of such individuals is treated.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-004, § 388-424-0009, filed 7/7/04, effective 8/7/04.]
(a) A United States (U.S.) citizen;
(b) A U.S. national;
(c) An American Indian born outside the U.S.;
(d) A "qualified alien";
(e) A victim of trafficking; or
(f) A Hmong or Highland Lao((; or
(g) A special immigrant from Iraq or Afghanistan eligible for eight months of federally funded assistance from your date of entry into the United States or from the date you received special immigrant status)).
(2) A "qualified alien" who first physically entered the
U.S. before August 22, 1996 as described in WAC 388-424-0006(1) may receive TANF, ((nonemergency)) medicaid,
and ((SCHIP)) CHIP.
(3) A "qualified alien" who first physically entered the
U.S. on or after August 22, 1996 cannot receive TANF,
((nonemergency)) medicaid, or ((SCHIP)) CHIP for five years
after obtaining status as a qualified alien unless((:
(a) He or she is an alien as described in WAC 388-424-0006(4); or
(b) He or she is an alien as described in WAC 388-424-0006(5) applying for nonemergency medicaid or SCHIP)) the criteria in WAC 388-424-0006 (4) or (5) are met.
(4) A child or pregnant woman in one of the following PRUCOL (permanently residing under color of law) groups may receive medicaid or CHIP:
(a) A citizen of a compact of free association state (Micronesia, Marshall Islands or Palau) who has been admitted to the U.S. as a nonimmigrant;
(b) An individual in temporary resident status as an amnesty beneficiary;
(c) An individual in temporary protected status;
(d) A family unity beneficiary;
(e) An individual currently under deferred enforced departure;
(f) An individual who is a spouse or child of a U.S. citizen with an approved Visa petition pending adjustment of status;
(g) A parent or child of an individual with special immigration status;
(h) A fiance of a U.S. citizen;
(i) A religious worker;
(j) An individual assisting the Department of Justice in a criminal investigation; or
(k) An individual with a petition of status pending of three years or longer.
(5) An alien who is ineligible for TANF, medicaid or CHIP because of the five-year bar or because of their immigration status may be eligible for:
(a) Emergency benefits as described in WAC 388-436-0015
(consolidated emergency assistance program) and WAC 388-438-0110 (alien ((emergency)) medical program); or
(b) State-funded cash or chemical dependency benefits as described in WAC 388-424-0015 (state family assistance (SFA), general assistance (GA) and the alcohol and drug addiction treatment and support act (ADATSA)), and medical benefits as described in WAC 388-424-0016; or
(c) Pregnancy medical benefits as described in WAC 388-462-0015; or
(d) ((Children's healthcare benefits)) Apple health for
kids as described in WAC 388-505-0210 (2) or (5).
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and P.L. No. 111-3 (H.R. 2, Title II, Sec. 214 - Children's Health Insurance Program Reauthorization Act of 2009); P.L. No. 111-08 Omnibus Appropriations Act of 2009, Office of Refugee Resettlement State Letter #09-17. 09-15-082, § 388-424-0010, filed 7/14/09, effective 8/14/09. 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, § 388-424-0010, filed 6/30/08, effective 8/1/08. Statutory Authority: RCW 74.08.090, 74.09.530, and 74.09.415. 05-23-013, § 388-424-0010, filed 11/4/05, effective 1/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-004, § 388-424-0010, filed 7/7/04, effective 8/7/04. Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-424-0010, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, and Public Law 106-395. 02-03-008, § 388-424-0010, filed 1/4/02, effective 2/4/02. 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.]