WSR 25-16-101
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed August 6, 2025, 8:29 a.m., effective September 6, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority (agency) amended its rules to reduce the eligibility period for refugee medical assistance from 12 months to four months for persons whose date of eligibility is on or after May 5, 2025. The agency determined that this rule amendment is necessary to align with the eligibility period set by the director of the federal Office of Refugee Resettlement.
Citation of Rules Affected by this Order: Amending WAC 182-504-0015, 182-504-0035, and 182-507-0130.
Other Authority: Office of Refugee Resettlement, Notice of Change of Eligibility, 90 F.R. 13370 (March 21, 2025).
Adopted under notice filed as WSR 25-14-057 on June 26, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: August 6, 2025.
Wendy Barcus
Rules Coordinator
RDS-6474.1
AMENDATORY SECTION(Amending WSR 25-12-035, filed 5/28/25, effective 7/1/25)
WAC 182-504-0015Washington apple health—Certification periods for categorically needy programs.
(1) A certification period is the period of time we determine that you are eligible for a categorically needy (CN) Washington apple health program. Unless otherwise stated in this section, the certification period begins on the first day of the month of application and continues through the end of the last month of the certification period.
(2) Newborn coverage begins on the child's date of birth and continues through the end of the month of the child's first birthday.
(3) If you are eligible for apple health based on pregnancy, the certification period continues through the last day of the month the pregnancy ends. After-pregnancy coverage begins the first day of the month, following the end of the pregnancy, and ends the last day of the 12th month from the time after-pregnancy coverage began.
(4) If you are newly eligible for apple health coverage and had a pregnancy end within the last 12 months, your certification period for after-pregnancy coverage:
(a) Begins the first day of the month you are eligible; and
(b) Ends the last day of the 12th month following the end of your pregnancy.
(5) If you are eligible for the refugee program, the certification period ends at the end of the ((12th))fourth month following your date of entry to the United States.
(6) If you are a child under age six receiving apple health for kids, with or without premiums, your certification period ends the last day of the month of your sixth birthday.
(7) If you are eligible for newborn coverage, your coverage continues through the last day of the month of your first birthday. Apple health for kids coverage begins automatically on the first day of the month after your newborn coverage ends and the certification period ends the last day of the month of your sixth birthday.
(8) For all other CN coverage, the certification period is 12 months.
(9) If you are a child, eligibility is continuous throughout the certification period regardless of a change in circumstances, unless you:
(a) Turn age 19;
(b) Move out-of-state; or
(c) Die.
(10) When you turn 19, the certification period ends after the redetermination process described in WAC 182-504-0125 is completed, even if the 12-month period is not over, unless:
(a) You are receiving inpatient services (described in WAC 182-514-0230) on the last day of the month you turn 19;
(b) The inpatient stay continues into the following month or months; and
(c) You remain eligible except for turning age 19.
(11) A retroactive certification period is described in WAC 182-504-0005.
(12) Coverage under premium-based programs included in apple health for kids as described in chapter 182-505 WAC begins no sooner than the month after creditable coverage ends.
AMENDATORY SECTION(Amending WSR 25-12-035, filed 5/28/25, effective 7/1/25)
WAC 182-504-0035Washington apple health—Renewals.
(1) For all Washington apple health programs, the following applies:
(a) You are required to complete a renewal of eligibility at least every 12 months with the following exceptions:
(i) If you are eligible for apple health medically needy with spenddown, then you must complete a new application at the end of each three- or six-month base period;
(ii) If you are eligible for apple health alien emergency medical, then you are certified for a specific period of time to cover emergency inpatient hospitalization costs only (see WAC 182-507-0115(8));
(iii) If you are eligible for apple health refugee coverage, you must complete a renewal of eligibility after ((12))four months; or
(iv) If you are a child under age six on apple health for kids, with or without premiums, your first renewal is due the month of your sixth birthday.
(b) You may complete renewals online, by phone, or by paper application that you mail or fax to us (the agency or the agency's designee).
(c) If your apple health is renewed, we decide the certification period according to WAC 182-504-0015.
(d) We review all eligibility factors subject to change during the renewal process.
(e) We redetermine eligibility as described in WAC 182-504-0125 and send you written notice as described in WAC 182-518-0005 before apple health is terminated.
(f) If you need help meeting the requirements of this section, we provide equal access services as described in WAC 182-503-0120.
(2) For programs based on modified adjusted gross income (MAGI) as described in WAC 182-503-0510:
(a) Sixty days prior to the end of the certification period:
(i) When information from electronic sources shows income is reasonably compatible (as defined in WAC 182-500-0095), we administratively renew your coverage (as defined in WAC 182-500-0010) for a new certification period and send you a notice of renewal with the information used. You are required to inform us if any of the information we used is wrong.
(ii) If we are unable to complete an administrative renewal (as defined in WAC 182-500-0010), you must give us a signed renewal in order for us to decide if you will continue to get apple health coverage beyond the current certification period.
(iii) We follow the requirements described in WAC 182-518-0015 to request any additional information needed to complete the renewal process or to terminate coverage for failure to renew.
(b) If your apple health coverage is terminated because you did not renew, you have 90 days from the termination date to give us a completed renewal. If we decide you are still eligible to get apple health coverage, we will restore your apple health without a gap in coverage.
(3) For non-MAGI based programs (as described in WAC 182-503-0510):
(a) Forty-five days prior to the end of the certification period, we send notice with a renewal form. You must renew before the end of the certification period by either calling the department of social and health services at the number listed on the form to renew by telephone, renew online at www.washingtonconnection.org, or mailing or delivering to the department of social and health services a signed renewal form with the information required by WAC 182-503-0005.
(b) We follow the requirements in WAC 182-518-0015 to request any additional information needed to complete the renewal process or to terminate coverage for failure to renew.
(c) To complete your renewal, you must give us all the other information requested on the application that is needed to determine your eligibility.
(d) If you are terminated for failure to renew, you have 30 days from the termination date to submit a completed renewal. If still eligible, we will restore your apple health without a gap in coverage.
(4) If we determine that you are not eligible for renewal of your apple health coverage, we:
(a) Consider your eligibility for all other apple health programs before ending your apple health coverage; and
(b) Coordinate with the health benefit exchange any request for information that is necessary to determine your eligibility for:
(i) Other apple health programs; and
(ii) With respect to qualified health plans, health insurance premium tax credits (as defined in WAC 182-500-0045) and cost-sharing reductions (as defined in WAC 182-500-0020).
(5) We reconsider our decision that you are not eligible for apple health coverage without a new application from you when:
(a) We receive the information that we need to decide if you are eligible within 30 days of the date on the termination notice; or
(b) You request a hearing within 90 days of the date on the renewal denial letter and an administrative law judge (ALJ) or HCA review judge decides our decision was wrong (per chapter 182-526 WAC).
(6) If you disagree with our decision, you can ask for a hearing. If we decided that you are not eligible for renewal because we do not have enough information, the ALJ will consider the information we already have and anymore information you give us. The ALJ does not consider the previous absence of information or failure to respond in determining if you are eligible.
RDS-6360.2
AMENDATORY SECTION(Amending WSR 24-24-057, filed 11/27/24, effective 12/28/24)
WAC 182-507-0130Refugee medical assistance (RMA).
(1) You are eligible for refugee medical assistance (RMA) if all the following conditions are met. You:
(a) Meet immigration status requirements of WAC 182-507-0135;
(b) Have countable resources below $2,000 on the date of application;
(c) Have countable income equal to or below 200 percent of the federal poverty level (FPL) on the date of application. The following income is not considered when determining eligibility for RMA:
(i) Resettlement cash payments made by ((the voluntary agency (VOLAG)))a resettlement agency;
(ii) Income of a sponsor is not counted unless the sponsor is also part of your assistance unit; and
(iii) Income received after the date of application.
(d) Provide the name of the ((VOLAG))resettlement agency which helped bring you to the United States so that the department of social and health services (DSHS) can promptly notify the ((VOLAG))resettlement agency (or sponsor) about the medical application.
(2) If you receive refugee cash assistance (RCA) you are eligible for RMA if you have countable resources below $2,000 on the date of application and you are not otherwise eligible for another medicaid or children's health care program as described in WAC 182-505-0210. You do not have to apply for or receive RCA in order to qualify for RMA.
(3) You are not eligible to receive RMA if you are:
(a) Already eligible for another medicaid or children's health care program as described in WAC 182-505-0210;
(b) A full-time student in an institution of higher education unless the educational activity is part of a DSHS-approved individual responsibility plan (IRP); or
(c) A nonrefugee spouse of a refugee.
(4) If approved for RMA, the agency or its designee issues an approval letter in both English and your primary language. The agency or its designee also sends a notice every time there are any changes or actions taken which affect your eligibility for RMA.
(5) You may be eligible for RMA coverage of medical expenses incurred during the three months prior to the first day of the month of the application. Eligibility determination will be made according to medicaid rules.
(6) If you are a victim of human trafficking you must provide the following documentation and meet the eligibility requirements in subsections (1) and (2) of this section to be eligible for RMA:
(a) Adults, 18 years of age or older, must provide the original certification letter from the United States Department of Health and Human Services (DHHS). No other documentation is needed. The eligibility period will be determined based on the entry date on your certification letter;
(b) A child victim under the age of 18 does not need to be certified. DHHS issues a special letter for children. Children also have to meet income eligibility requirements;
(c) A family member of a certified victim of human trafficking must have a T-2, T-3, T-4, ((or)) T-5, or T-6 visa (derivative T-Visas), and the family member must meet eligibility requirements in subsections (1) and (2) of this section.
(7) The entry date for an asylee is the date that asylum status is granted. For example, you entered the United States on December 1, 1999, as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000, and were granted asylum on September 1, 2000. The date of entry is September 1, 2000, and that is the date used to establish eligibility for RMA.
(8) RMA certification period.
(a) RMA ends on either:
(i) The last day of the eighth month from the month the person entered the United States if they entered the United States on or before September 30, 2021. For example, if they entered the United States on September 30, 2021, they are eligible through April 30, 2022; ((or))
(ii) The last day of the 12th month from the month the person entered the United States if they entered the United States on or after October 1, 2021, through May 4, 2025. For example, if they entered the United States on October 25, 2021, they are eligible through September 30, 2022; or
(iii) The last day of the fourth month from the month the person entered the United States if they entered the United States on or after May 5, 2025. For example, if they entered the United States on June 20, 2025, they are eligible through September 30, 2025.
(b) The number of months you may receive RMA benefits ((for more months))could change if ((you are in a category of persons for whom)) the federal Office of Refugee Resettlement ((has extended))changes the eligibility period.
(9) If you are approved for RMA you are continuously eligible through the end of the initial RMA certification period, regardless of an increase in income.
(10) The agency, or its designee, determines eligibility for medicaid and other medical programs for your spouse when the spouse arrives in the United States. If the spouse is not eligible for medicaid due to your countable income, the spouse is still eligible for RMA under subsection (8) of this section.
(11) If you disagree with a decision or action taken on the case by the agency, or its designee, you have the right to request a review of the case action(s) or request an administrative hearing (see chapter 182-526 WAC). The request must be received by the agency, or its designee, within 90 days of the date of the decision or action.