WSR 08-08-115

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed April 2, 2008, 9:03 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-03-092.

Title of Rule and Other Identifying Information: The department is creating new WAC 388-502-0270 Review of department's provider dispute decision.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on May 6, 2008, at 10:00 a.m.

Date of Intended Adoption: Not sooner than May 7, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on May 6, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 29, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to provide a single process for those disputes reviewed by the DSHS/HRSA deputy assistant secretary.

Reasons Supporting Proposal: Current department rules permit providers to dispute certain department actions. These rules contain varying dispute procedures. This single process should reduce complexity for providers and the department and streamline the dispute process.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090.

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

Name of Proponent: Department of social and health services, health and recovery services administration, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Brian Jensen, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1585.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule amendments and concludes that they do not impose a disproportionate cost impact on small businesses. As a result, the preparation of a small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brian Jensen, P.O. Box 45504, Health and Recovery Service Administration, Olympia, WA 98504-5504, phone (360) 725-1585, fax (360) 586-9727, e-mail jenseb@dshs.wa.gov.

March 28, 2008

Katherine D. Vasquez, Manager

Rules and Policies Assistance Unit

3960.2
NEW SECTION
WAC 388-502-0270   Review of department's provider dispute decision.   (1) This section applies only when department rules allow review of a department dispute decision under this section. The deputy assistant secretary of the health and recovery services administration (HRSA) or designee conducts the review.

(2) Providers and former providers may request a review of a department dispute decision. The request must be in writing and sent to: HRSA, Attn: Deputy Assistant Secretary, PO Box 45504, Olympia, WA 98504-5504. The department must receive the written dispute review request within twenty-eight calendar days of the date on the department's written dispute decision.

(3) When the department receives a timely dispute review, the deputy or designee may schedule a dispute review conference. "Dispute review conference" means an informal conference for the purpose of resolving disagreements between the department and a provider or former provider who is dissatisfied with a department decision. The dispute review conference is not governed by the administrative procedure act, chapter 34.05 RCW. If the deputy or designee chooses to schedule a dispute review conference, the deputy or designee will conduct the conference within ninety calendar days of the dispute review request unless the deputy or designee and the party requesting review agree to an extension.

(4) The deputy or designee will issue a dispute review decision to the provider or former provider requesting review within thirty calendar days of receiving the dispute review request or within thirty calendar days of the dispute review conference, whichever is later, unless both parties agree to an extension.

(5) The deputy review is the final level of department review for disputes to which this section applies.

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Washington State Code Reviser's Office