WSR 08-14-052

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed June 24, 2008, 2:17 p.m. , effective July 25, 2008 ]


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

Purpose: The department is reestablishing a noncovered services, eyeglasses, and contact lenses section (WAC 388-544-0575) which was previously repealed due to a lack of sufficient notice to stakeholders as required by the Administrative Procedure Act (APA). In addition to this, 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, limiting frequency of incidental repairs to eyeglass frames, and lowering the spherical requirement for high index lenses. When effective, this permanent rule replaces the emergency rule filed as WSR 08-11-048 filed on May 15, 2008.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-544-0450; and amending WAC 388-544-0010, 388-544-0050, 388-544-0100, 388-544-0150, 388-544-0250, 388-544-0300, 388-544-0350, 388-544-0400, 388-544-0500, 388-544-0550, and 388-544-0600.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: RCW 74.09.510, 74.09.520.

Adopted under notice filed as WSR 08-09-110 on April 21, 2008.

A final cost-benefit analysis is available by contacting Marlene Black, P.O. Box 45506, Olympia, WA 98504-5506, phone (360) 725-1577, fax (360) 586-9727, e-mail blackml@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 11, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 11, Repealed 1.

Date Adopted: June 24, 2008.

Robin Arnold-Williams

Secretary

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 08-15 issue of the Register.

Washington State Code Reviser's Office