WSR 08-12-012

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed May 27, 2008, 11:59 a.m. , effective June 27, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this new rule, WAC 388-502-0270, is to provide a single process for those disputes reviewed by the department of social and health services' health and recovery services administration's deputy assistant secretary.

Statutory Authority for Adoption: RCW 74.08.090.

Adopted under notice filed as WSR 08-08-115 on April 2, 2008.

Changes Other than Editing from Proposed to Adopted Version: Added the word "review" to subsection (3) When the department receives a timely dispute review request, the deputy or designee may schedule a dispute review conference.

A final cost-benefit analysis is available by contacting Brian Jenson, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1585, fax (360) 586-9727, e-mail jenseb@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: May 27, 2008.

Robin Arnold-Williams

Secretary

3960.3
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 request, 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