WSR 07-08-058

OFFICE OF THE GOVERNOR


[ Filed March 29, 2007, 10:28 a.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)



Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

On February 15, 2007, the Governor received an appeal from Edwin D. Rauzi relating to the Department of Social and Health Service's denial of a petition to adopt new rules regarding "safe harbor' language for providers who receive DSHS reimbursements. The Governor's Office denied the Petition on March 26, 2007.

DATE: March 28, 2007

Richard E. Mitchell

General Counsel to the Governor

March 26, 2007

Edwin Rauzi

Davis Wright Tremaine LLP

1600 Century Square

1501 Fourth Avenue

Seattle, WA 98101-1688

Dear Mr. Rauzi

This letter is in response to your February 15, 2007, appeal (dated February 13, 2007), of the denial of your petition for rulemaking to the Department of Social and Health Services (Department).


In your appeal to the Department, you requested that it adopt new rules implementing Section 6032 of the federal Deficit Reduction Act of 2005 (DRA) relating to employee education about false claims recovery. Specifically, you requested that the Department promulgate new rules codifying "safe harbor" language that Washington health care providers can use to comply with the DRA. In a letter dated February 2, 2007, the Department denied your petition stating in part: "Nothing in the DRA requires the Department to adopt regulations effectively assuring providers that use of such language will meet their obligations under the DRA."


Under the Administrative Procedures Act, the Governor does not have jurisdiction to consider petitions where the petitioner is petitioning an agency's denial to adopt a new rule. RCW 34.05.330. It is for this jurisdictional reason that the Governor cannot consider your petition.


Notwithstanding the lack of jurisdiction, the Governor encourages you to address your concerns for more clarity to the U.S. Department's of Health & Human Services' Centers for Medicare and Medicaid Services, which has independent authority to enforce the DRA.

Sincerely,

Richard E. Mitchell

General Counsel

cc: Robin Arnold-Williams, Director, Department of Social and Health Services

Jonathan Seib, Executive Policy Advisor

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.

Washington State Code Reviser's Office