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
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.
Richard E. Mitchell
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.