WSR 08-09-110



(Health and Recovery Services Administration)

[ Filed April 21, 2008, 2:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-22-082 and 07-10-125.

Title of Rule and Other Identifying Information: The department is amending chapter 388-544 WAC, Vision care services.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on June 10, 2008, at 10:00 a.m.

Date of Intended Adoption: Not sooner than June 9, 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, fax (360) 664-6185, by 5 p.m. on June 10, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by June 3, 2008, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is reestablishing WAC 388-544-0575, addressing noncovered services, eyeglasses, and contact lenses. This section had previously been repealed due to a lack of sufficient notice to stakeholders when originally adopted. In addition, the department is relocating sections, updating cross references, adding the children's health program back in under eligibility, clarifying authorization requirements, including orthoptics and vision training therapy under covered services, requiring that all eyeglass lenses be placed into frames purchased by the department, and limiting frequency of incidental repairs to eyeglass frames, lowering the spherical requirement for high index lenses.

Reasons Supporting Proposal: The department is reestablishing the noncovered services, eyeglasses, and contact lenses section allowing for sufficient notice to stakeholders as required by the APA. The revision also provides a better organization, specified clarity, adds rule consistency, and updates cross references.

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: Marlene Black, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1577.

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 Marlene Black, P.O. Box 45506, Health and Recovery Services Administration, Olympia, WA 98504-5506, phone (360) 725-1577, fax (360) 586-9727, e-mail

April 15, 2008

Stephanie E. Schiller

Rules Coordinator

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 08-10 issue of the Register.

Washington State Code Reviser's Office