WSR 05-15-095



(Health and Recovery Services Administration)

[ Filed July 15, 2005, 1:21 p.m. ]

Subject of Possible Rule Making: Chapter 388-537 WAC, School services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 20 U.S.C. 1400 et. seq., Individuals with Disabilities Education Act; chapter 28A.155 RCW, Special education; RCW 74.08.090 Rule-making authority and enforcement; chapter 74.09 RCW, Public assistance, medical care; 42 C.F.R. 440.110, State licensure requirements for physical therapy, occupational therapy, and speech therapy; and chapter 392-172 WAC, rules for the provision of special education students.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In response to an audit conducted by the Centers for Medicare and Medicaid Services, the Health and Recovery Services Administration (HRSA) is amending WAC 388-537-0100 School medical services for students in special education programs, to bring the program into compliance with federal Medicaid rules and regulations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Centers for Medicare and Medicaid Services (CMS) is reviewing and will approve HRSA's state plan amendment. Office of Superintendent of Public Instruction (OSPI) will review drafts of the rule and submit feedback.

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Wendy L. Boedigheimer, Rules Program Manager, Health and Recover Services Administration (HRSA), P.O. Box 45533, Olympia, WA 98504-5533, phone (360) 725-1306, fax (360) 586-9727, TTY 1-800-848-5429, e-mail

July 15, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office