WAC 388-466-0130

Effective August 1, 2008

WAC 388-466-0130 Refugee medical assistance (RMA)

1.      Who can apply for refugee medical assistance?

Anyone can apply for refugee medical assistance (RMA) and have eligibility determined by the department of social and health services (DSHS).

2.      Who is eligible for refugee medical assistance?

a.      You are eligible for RMA if you meet all of the following conditions: 

                          i.            Immigration status requirements of WAC 388-466-0005;

                        ii.            Income and resource requirements of WAC 388-466-0140;

                      iii.            Monthly income standards up to two hundred percent of the federal poverty level (FPL). Spenddown is available for applicants whose income exceeds two hundred percent of FPL (see WAC 388-519-0110)); and

                       iv.            Provide the name of the voluntary agency (VOLAG) which helped bring you to this country, so that DSHS can promptly notify the agency (or sponsor) about your application for RMA.

b.      You are eligible for RMA if you:

                          i.            Receive refugee cash assistance (RCA) and are not eligible for Medicaid or children's healthcare programs as described WAC 388-505-0210; or

                        ii.            Choose not to apply for or receive RCA and are not eligible for Medicaid or children's healthcare programs as described in WAC 388-505-0210, but still meet RMA eligibility requirements.

3.      Who is not eligible for refugee medical assistance?

You are not eligible to receive RMA if you are:

a.      Already eligible for Medicaid or children's healthcare programs as described in WAC 388-505-0210;

b.      A full-time student in an institution of higher education unless the educational activity is part of a department-approved individual responsibility plan (IRP);

c.      A nonrefugee spouse of a refugee.

4.      If I have already received a cash assistance grant from voluntary agency (VOLAG), will it affect my eligibility for RMA?

No. A cash assistance payment provided to you by your VOLAG is not counted in determining eligibility for RMA.

5.      If I get a job after I have applied but before I have been approved for RMA, will my new income be counted in determining my eligibility?

No. Your RMA eligibility is determined on the basis of your income and resources on the date of the application.

6.      Will my sponsor's income and resources be considered in determining my eligibility for RMA?

Your sponsor's income and resources are not considered in determining your eligibility for RMA unless your sponsor is a member of your assistance unit.

7.      How do I find out if I am eligible for RMA?

DSHS will send you a letter in both English and your primary language informing you about your eligibility. DSHS will also let you know in writing every time there are any changes or actions taken on your case.

8.      Will RMA cover my medical expenses that occurred after I arrived in the U.S. but before I applied for RMA?

You may be eligible for RMA coverage of your medical expenses for three months prior to the first day of the month of your application. Eligibility determination will be made according to Medicaid rules.

9.      If I am a victim of human trafficking, what kind of documentation do I need to provide to be eligible for RMA?

You are eligible for RMA to the same extent as a refugee, if you are:

a.   An adult victim, eighteen years of age or older, and you provide the original certification letter from the U. S. Department of Health and Human Services (DHHS). You also have to meet eligibility requirements in subsections (2) (d) and (b) of this section. You do not have to provide any other documentation of your immigration status. Your entry date will be the date on your certification letter.

b.   A child victim under the age of eighteen, in which case you do 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, you have a T-2, T-3, T-4, or T-5 Visa (Derivative T-Visas), and you meet eligibility requirements in subsections 2(a) and (b) of this section.

10. If I am an asylee, what date will be used as an entry date?

If you are an asylee, your entry date will be the date that your asylum status is granted. For example, if 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 granted asylum on September 1, 2000, your date of entry is September 1, 2000. On September 1, 2000 you may be eligible for refugee medical assistance.

11. When does my RMA end?

a.   Your refugee medical assistance will end on the last day of the eighth month from the month of your entry into the United States. Start counting the eight months with the first day of the month of your entry into the U.S. For example, if you entered the U.S. on May 28, 2000, your last month is December 2000.

b.   If you are from Afghanistan and were granted Special Immigrant status under section 101 (a) (27) of the Immigration and Nationality Act (INA), your RMA ends on the last day of the sixth month starting with the month of your arrival to the United States or from the month you received Special Immigrant status if this occurred after your U. S. entry.

12. What happens if my earned income goes above the income standards?

a.      If you are getting RMA, your medical eligibility will not be affected by the amount of your earnings;

b.      If you were getting Medicaid and it was terminated because of your earnings, we will transfer you to RMA for the rest of your RMA eligibility period. You will not need to apply.

13. Will my spouse also be eligible for RMA, if he/she arrives into the U.S. after me?

When your spouse arrives in the U.S., we will determine his/her eligibility for Medicaid and other medical programs.

a.   Your spouse may be eligible for RMA; if so, he/she would have a maximum of eight months of RMA starting on the first day of the month of his/her arrival.

b.   Spouses from Afghanistan who have been granted Special Immigrant status under section 101 (a) (27) of the Immigration and Nationality Act (INA), are eligible for RMA for a maximum of six months from the date of entry into the United States or from the month they received Special Immigrant status if this occurred after their U.S. entry.

14. What do I do if I disagree with a decision or action that has been taken by DSHS on my case?

If you disagree with the decision or action taken on your case by department you have the right to request a review of your case or request a fair hearing (see WAC 388-02-0090). Your request must be made within ninety days of the decision or action).

15. What happens to my medical coverage after my eligibility period is over?

We will determine your eligibility for other medical programs. You may have to complete an application for another program.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.