WSR 03-14-060

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed June 25, 2003, 4:26 p.m. , effective July 1, 2003 ]

Date of Adoption: June 23, 2003.

Purpose: To initiate six-month eligibility reviews for DSHS/MAA clients of family and children's medical programs; and to eliminate continuous eligibility for children. The FY 2003 supplemental budget (SSB 5403, chapter 10, Laws of 2003) included provision to eliminate continuous eligibility for child and implement six-month reviews for family and children's medical programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-416-0015, 388-418-0005, 388-418-0025 and 388-434-0005.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.530, and the fiscal year 2003 supplemental budget (SSB 5403, chapter 10, Laws of 2003).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Budget assumptions included in the fiscal year 2003 supplemental budget include savings that will result from policy changes affecting the rules listed in this order. Further, all changes that may be construed to result in more restrictive eligibility under the Medicaid program must be implemented before September 2, 2003, to ensure state receipt of enhanced federal funding made available under the federal Jobs and Growth Tax Relief Reconciliation Act of 2003, HR.2. Observing the time requirements of regular rule-making procedures would prevent the department from implementing the changes in a timeframe that is required under the spending authority in the supplemental budget. It would, in addition, prevent implementation of the changes prior to the deadline to ensure receipt of the enhanced federal funding. Therefore, immediate adoption of the proposed amendments is necessary to implement the State Supplemental Budget Act and ensure receipt of enhanced federal funding of the Medicaid program.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.
Effective Date of Rule: July 1, 2003.

June 23, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-15 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office