WSR 09-14-075

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed June 29, 2009, 2:57 p.m. ]

Subject of Possible Rule Making: New sections and/or amendments in chapter 388-14A WAC to implement statutory changes contained in SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders, which has an effective date of October 1, 2009. It is possible that the division of child support (DCS) may need to adopt emergency rules in order to meet the statute's effective date, but we will continue with the regular rule-making process in order to adopt final rules as soon as possible.

Statutes Authorizing the Agency to Adopt Rules on this Subject: SHB 1845 (chapter 476, Laws of 2009), RCW 26.18.170(14), 26.23.050(8), 26.23.110(13), 34.05.020, 34.05.220, 74.04.055, 74.04.057, 74.08.090, 74.20.040, 74.20A.310, 74.20A.055(9), 74.20A.056(11).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pursuant to federal regulations contained in 45 C.F.R. Parts 302, 303, 304, 305, and 308, effective July 21, 2008, the Washington legislature adopted SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders. DCS must adopt rules to implement this legislation, which changes the way that medical support obligations are established and enforced.

Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS/DCS headquarters as soon as possible. DCS will post information regarding this rule development project and others on its web site, which can be found at www.wa.gov/dshs/dcs, or on the DSHS economic services administration's policy review web site, which can be found at http://www1.dshs.wa.gov/esa/extpolicy/. DSHS/DCS encourages the public to take part in developing the rules. After the rules are drafted, DSHS will file a copy with the office of the code reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nancy Koptur, DCS Rules Coordinator, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, toll-free 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

June 29, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office