7300.1The District of Columbia (District) provides medical assistance to immigrant children who meet both financial and non-financial requirements under the provisions of this Chapter through a program, entitled the "Immigrant Children's Program."
7300.2The cost of medical assistance provided pursuant to this Chapter in any fiscal year shall not exceed the amount of local funds appropriated during that fiscal year for the purposes of this chapter.
7300.3The number of persons enrolled in this program shall not exceed the number authorized by statute, pursuant to D.C. Official Code § 1-307.03.
7300.4Nothing in this Chapter shall be interpreted to create or constitute an entitlement or right to medical assistance for any person, pursuant to D.C. Official Code § 1-307.03(e).
7300.5All individuals applying for the Immigrant Children's Program shall meet the following financial and non-financial eligibility factors:
(a) Reside in the District or meet the District's residency requirements in accordance with D.C. Official Code § 4-205.03;(b) Be under the age of twenty-one (21) years old;(c) Have a household income at or below the following thresholds (unless the individual is in foster care in accordance with § 7300.8):(1) Three hundred nineteen (319%) of the federal poverty level (FPL), as determined in accordance with § 7304, for individuals aged zero (0) through eighteen (18); and(2) Two hundred sixteen percent (216%) of the FPL, as determined in accordance with § 7304, for individuals aged nineteen (19) or twenty (20); and(d) Not be eligible for or enrolled in Medicaid.7300.6The Department shall use methodologies in accordance with § 7304 (as applicable) of this Chapter when determining the following:
(b) Household composition; and7300.7The Department shall not count an individual's resources when determining income eligibility.
7300.8An individual that is in foster care shall not be subject to an income test or other financial eligibility requirement when determining eligibility for the Immigrant Children's Program. The meaning of foster care under this chapter shall be consistent with the definition of foster care under 45 C.F.R § 1355.20.
7300.9The Department of Health Care Finance (Department) shall apply the following general standards in the administration of the Immigrant Children's Program:
(a) Information explaining the policies governing eligibility determinations and appeals shall be provided in writing on the DHCF and Department of Human Services websites and upon request, at application and renewal, in plain language and in a manner that is accessible and timely to all applicants and beneficiaries, including those with limited or no-English proficiency and those living with disabilities;(b) The Immigrant Children's Program information shall be provided to applicants and beneficiaries who have limited or no-English proficiency through the provision of language services at no cost to them pursuant to Title VI of the Civil Rights Act of 1964, effective July 2, 1964 (42 U.S.C. §§ 2000d, et seq.), and the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code §§ 2-1931et seq.) (Language Access Act), as amended; and(c) Applicants and beneficiaries shall be informed at the time of application, renewal, or redetermination that the Department shall obtain and use available information to the greatest extent possible to verify income, eligibility, and residency.7300.10The Department shall establish and maintain policies that govern the types of information about applicants and beneficiaries that are protected under federal and District law against unauthorized disclosure for purposes unrelated to the determination of eligibility. Protected information shall include, but is not limited to, the following:
(c) Social security number;(d) Medical services provided;(e) Social and economic conditions or circumstances;(f) Department evaluation of personal information;(g) Medical data, including diagnosis and past history of disease or disability;(h) Any information received for verifying income eligibility and the amount of medical payments; and(i) Any information received in connection with the identification of legally liable third party resources pursuant to applicable federal regulations.7300.11The Department shall provide notice, consistent with the requirements set forth under § 7307, or other communications to the applicant or beneficiary concerning the applicant's or beneficiary's eligibility for the Immigrant Children's Program.
7300.12The Department shall provide the following information regarding the Immigrant Children's Program by commonly available electronic means (including fax or online via a web-based portal), telephone, mail, or in person, as appropriate, to all applicants and other individuals upon request:
(a) Eligibility requirements of the program;(c) The rights and responsibilities of applicants and beneficiaries for eligibility or coverage under the Immigrant Children's Program; and(d) The process for appealing an agency determination.7300.13The Department shall issue and maintain all policies and procedures (including but not limited to transmittals or other sub-regulatory guidance) relevant to Immigrant Children's Program eligibility determinations. The Department shall make its policies available at www.dhcf.dc.gov and shall provide updates as necessary.
D.C. Mun. Regs. tit. 29, r. 29-7300
Final Rulemaking published at 48 DCR 8971 (September 28, 2001); Errata Notice published at 57 DCR 5049 (June 11, 2010); amended by Final Rulemaking published at 70 DCR 1668 (2/3/2023) Authority: An Act to enable the District of Columbia to receive federal financial assistance under Title XIX of the Social Security Act for a medical assistance program and for other purposes approved December 27, 1967 (81 Stat. 774; D. C. Official Code, § 1-307.02) and the Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6) )