WSR 11-16-056




[ Filed July 29, 2011, 8:24 a.m. , effective August 29, 2011 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: To bring citizenship/alien status rules into compliance with the federal Center for Medicare and Medicaid (CMS) guidelines. It expands the eligibility group of legally residing individuals which will allow: (1) Some children who are currently in a state-funded medical program to qualify for federally-funded medical coverage, and (2) some pregnant women to have their post partum period covered by federally funded medical. Note: The term PRUCOL has been replaced in this amendment by the term "nonqualified alien." Those formerly known as PRUCOL persons are still eligible for some state-funded benefits.

Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0010, 388-424-0001, 388-424-0006, 388-424-0009, 388-424-0010, 388-424-0015, and 388-450-0156.

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

Adopted under notice filed as WSR 11-10-073 on May 3, 2011.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-400-0010:

(2)(b) You are ((a alien who is permanently residing in the United States under color of law (PRUCOL) as defined in WAC 388-424-0001)) a nonqualified alien as defined in WAC 388-424-0001, who meets the Washington state residency requirements as listed in WAC 388-468-0005;

WAC 388-424-0001:

(1) "Lawfully present" are immigrants or noncitizens who have been inspected and admitted into the United States and not overstayed the period for which they were admitted, or have current permission from the U.S. Citizenship and Immigration Services (CIS) to stay or live in the U.S.

(3) "Nonqualifed [nonqualified] aliens" are noncitizens who are lawfully present in the U.S. and who are not included in the definition of qualified aliens in subsection (1) of this section. Nonqualifed [nonqualified] aliens may include but are not limited to:

(4) "Undocumented aliens" are noncitizens without a lawful immigration status as defined in subsections (2) or (3) of this section....

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 7, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 7, Repealed 0.

Date Adopted: July 27, 2011.

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-17 issue of the Register.

Washington State Code Reviser's Office