[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.211]



[Page 374]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                        Subpart J_Federal Funding

 

Sec.  400.211  Methodology to be used to determine time-eligibility of

refugees.



    (a) The time-eligibility period for refugee cash assistance and 

refugee medical assistance will be determined by the Director each year, 

based on appropriated funds available for the fiscal year. The Director 

will make a determination of the eligibility period each year as soon as 

possible after funds are appropriated for the refugee program, and also 

at subsequent points during the fiscal year, only if a reduction in the 

eligibility period is indicated, based on updated information on refugee 

flows and State reports on receipt of assistance and expenditures. The 

method to be used to determine the RCA/RMA eligibility period will 

include the following steps and will be applied to various RCA/RMA time-

eligibility periods in order to determine the time-eligibility period 

which will provide the most number of months without incurring a 

shortfall in funds for the fiscal year.

    (1) The time-eligibility population for the projected fiscal year 

will be estimated on the basis of the refugee admissions ceiling 

established by the President for that fiscal year and the anticipated 

arrival of other persons eligible for refugee assistance, to the extent 

that data on these persons are available. The anticipated pattern of 

refugee flow for the projected fiscal year will be estimated based on 

the best available historical and current refugee flow information that 

will most accurately forecast the refugee flow for the projected fiscal 

year. These arrival figures will then be used to determine the time-

eligible population for a given duration of RCA/RMA benefits.

    (2) The average annual number of RCA and RMA recipients will be 

determined by multiplying the estimated time-eligible population 

established in paragraph (a)(1) of this section by the estimated RCA and 

RMA participation rates. The RMA participation rate will take into 

account both RCA recipients, who are also eligible for RMA, and RMA-only 

recipients. Recipient data from quarterly performance reports submitted 

by States for the most recent 4 quarters for which reports are available 

will be used to determine the appropriate participation rates for 

various RCA/RMA time-eligibility periods.

    (3) The average annual per recipient cost for RCA and RMA will be 

estimated separately, based on estimated per recipient costs for the 

most recent fiscal year, using available data, and inflated for the 

projected fiscal year using projected increases in per capita cash 

assistance costs for RCA and per capita Medicaid costs for RMA.

    (4) The expected average number of RCA recipients will be multiplied 

by the expected RCA per recipient cost to derive estimated RCA costs. 

The expected average annual number of RMA recipients will be multiplied 

by the expected RMA per recipient cost to derive estimated RMA costs.

    (5) State administrative costs for the projected fiscal year for all 

States in the aggregate will be estimated based on total actual 

allowable expenditures for State administration for the most recent 

fiscal year. The variable portion of administrative costs will be 

adjusted for changes in program participation and inflated by the 

Consumer Price Index (CPI) for all items as estimated by the Office of 

Management and Budget (OMB). The fixed portion of administrative costs 

will be adjusted by the CPI inflator only.

    (6) The total estimated costs for the projected fiscal year will 

equal the combined estimated costs for RCA, RMA, and State 

administration as calculated in paragraphs (a)(1) through (5) of this 

section.

    (b) If, as the Director determines, the period of eligibility needs 

to be changed from the eligibility period in effect at the time, the 

Director will publish a final notice in the Federal Register, announcing 

the new period of eligibility for refugee cash assistance and refugee 

medical assistance and the effective date for implementing the new 

eligibility period. States will be given as much notice as available 

funds will allow without resulting in a further reduction in the 

eligibility period. At a minimum, States will be given 30 days' notice.



[58 FR 64507, Dec. 8, 1993, as amended at 65 FR 15450, Mar. 22, 2000]



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