WSR 99-16-115

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed August 4, 1999, 11:27 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amending WAC 246-650, Newborn screening.

Purpose: Add a new section setting a fee to support specialty treatment clinics as authorized by ESB 5141, chapter 76, Laws of 1999 and revise WAC 246-650-990 to provide consistent language and distinguish between the newly authorized clinic support fee and the charge for newborn screening services.

Statutory Authority for Adoption: RCW 70.83.040.

Statute Being Implemented: Chapter 76, Laws of 1999.

Summary: Sets a new fee of $3.50 per child born to support specialty clinics that provide treatment services for hemoglobin diseases, phenylketonuria, congenital adrenal hyperplasia, and congenital hypothyroidism. And, makes clarifying changes to existing language concerning charges for screening services.

Reasons Supporting Proposal: The 1999 legislature found that support of these specialty clinics through a new fee is necessary to help prevent the tragic consequences of inadequate treatment of these diseases. Clarification and consistent language is needed to distinguish between the new clinic support fee and charges for the screening services that detect children affected by these disorders.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Glass, 1610 N.E. 150th, Shoreline, 98155, (206) 361-2890.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule sets a fee of $3.50 to be charged for each child born in the state and to be collected through the facility where the child is born. The fee will be used to support specialty clinics that provide treatment services for hemoglobinopathies, phenylketonuria, congenital adrenal hyperplasia and congenital hypothyroidism as authorized by ESB 5141, chapter 76, Laws of 1999. The legislature has found that this support is necessary to assure that those affected by these disorders in Washington have access to treatment services needed to prevent otherwise tragic consequences. The rule will also clarify language to distinguish between the new fee and charges for the screening services that detect infants with these disorders.

Proposal Changes the Following Existing Rules: Adds a new section to WAC 246-650 setting a new fee and clarifying language.

No small business economic impact statement has been prepared under RCW 19.85. The rule is exempted under the provisions of RCW 19.85.025 and 34.05.310(4) because it adopts Washington state statute ( RCW 70.83.040) without material change; the content is explicitly and specifically dictated by statute ( RCW 70.83.040); its purpose is to set a fee pursuant to legislative standards; and it clarifies language of an existing rule without changing its effect.

RCW 34.05.328 does not apply to this rule adoption. The rule is exempted by RCW 34.05.328 [(5)](b) because it adopts Washington state statute ( RCW 70.83.040) without material change; the content is explicitly and specifically dictated by statute ( RCW 70.83.040); its purpose is to set a fee pursuant to legislative standards; and it clarifies language of an existing rule without changing its effect.

Hearing Location: Department of Health, Public Health Lab, 1610 N.E. 150th, Shoreline, 98155, on September 14, 1999, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Mike Glass by September 7, 1999, TDD (800) 833-6388.

Submit Written Comments to: Michael Glass, fax (206) 361-4996, by September 13, 1999.

Date of Intended Adoption: September 16, 1999.

Mary C. Selecky

Secretary



[AMENDATORY SECTION (Amending Order 224, filed 12/23/91)]WAC 246-650-990
Screening charge Fees.

The department has the authority under RCW 43.20B.020 to require a reasonable fee charge from parents or responsible parties for the costs of newborn metabolic screening. The charge is to be collected through the hospital facility where the specimen was obtained.

[Statutory Authority: RCW 43.20B.020.  92-02-018 (Order 224), 246-650-990, filed 12/23/91, effective 1/23/92.  Statutory Authority: RCW 43.20.050.  91-02-051 (Order 124B), recodified as 246-650-990, filed 12/27/90, effective 1/31/91.  Statutory Authority: RCW 43.20.050 and RCW 70.83.050.  87-11-040 (Order 303), 248-103-030, filed 5/18/87.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

[NEW SECTION]WAC 246-650-991
Specialty clinic support fee

The department has the authority under RCW 70.83.040 to collect a fee for each infant screened to fund specialty clinics that provide treatment services for hemoglobin diseases, phenylketonuria, congenital adrenal hyperplasia and congenital hypothyroidism. The specialty clinic support fee is $3.50. It is to be collected in conjunction with the screening charge from the parents or other responsible party through the facility where the screening specimen is obtained.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.