WAC 182-503-0535

Effective October 1, 2013

WAC 182-503-0535 Washington apple health -- Citizenship and alien status.

(1) To receive Washington apple health (WAH) coverage, you must meet all other eligibility requirements and be one of the following as defined in WAC 182-503-0530:

(a) A United States (U.S.) citizen;

(b) A U.S. national;

(c) A qualified alien; or

(d) A nonqualified alien and you are a:

(i) Pregnant woman;

(ii) Person who is otherwise eligible for medical care services (see WAC 182-508-0005);

(iii) Child under age nineteen; or

(iv) Child under age twenty-one who resides in an institution.

(2) If you are a nonqualified alien approved under deferred action childhood arrivals (DACA), then you are not eligible for WAH under subsection (1)(d) of this section. However, you may qualify under subsection (6) of this section.

(3) If you are a qualified alien as defined in WAC 182-503-0530, and you physically entered the U.S. before August 22, 1996, you may receive WAH for nonpregnant adults if you:

(a) Became a qualified alien before August 22, 1996; or

(b) Became a qualified alien on or after August 22, 1996 and have continuously resided in the U.S. between your date of entry into the U.S. and the date on which you became a qualified alien.

(4) If you are a qualified alien who physically entered the U.S. on or after August 22, 1996, you are not eligible to receive WAH for nonpregnant adults for five years beginning on the day you most recently became a qualified alien, unless you meet one of the exemptions in subsection (5) of this section. This is called the five-year bar. The five-year bar starts on the day you obtain qualified alien status.

(5) You are exempt from the five-year bar if you are one of the following qualified aliens as defined in WAC 182-503-0530:

(a) Amerasian lawful permanent residents;

(b) Asylees;

(c) Cuban/Haitian entrants;

(d) Persons granted withholding of deportation or removal;

(e) Refugees;

(f) Special immigrants from Iraq and Afghanistan;

(g) Victims of trafficking who have been certified or had their eligibility approved by the Office of Refugee Resettlement (ORR); and

(h) Lawful permanent residents, parolees, or battered aliens, who are also an armed services member or veteran, or a family member of an armed services member of veteran, as described below:

(i) On active duty in the U.S. military, other than active duty for training;

(ii) An honorably discharged U.S. veteran;

(iii) A veteran of the military forces of the Philippines who served prior to July 1st, 1946, as described in Title 38, Section 107 of the U.S. Code; or

(iv) The spouse, unremarried widow or widower, or unmarried dependent child of a veteran or active duty service member.

(6) If you are ineligible for WAH because of the five-year bar or because of your immigration status, including if you are approved under DACA, you may be eligible for:

(a) The WAH alien emergency medical program as described in WAC 182-507-0110 through 182-507-0125;

(b) WAH pregnancy medical for noncitizen women as described in WAC 182-505-0115;

(c) WAH for kids for pregnant minors as described in WAC 182-505-0117;

(d) State-funded WAH for kids as described in WAC 182-505-0210; or

(e) The medical care services (MCS) program as described in chapter 182-508 WAC.

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.