WSR 10-09-055

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed April 16, 2010, 7:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-06-116.

Title of Rule and Other Identifying Information: WAC 388-535-1084 Covered dental-related services for clients through age twenty -- Restorative services, 388-535-1090 Covered dental-related services for clients through age twenty -- Prosthodontics (removable), 388-535-1100 Dental-related services not covered for clients through age twenty, 388-535-1261 Covered dental-related services for clients age twenty-one and older -- Endodontic services, 388-535-1266 Covered dental-related services for clients age twenty-one and older -- Prosthodontics (removable), 388-535-1267 Covered dental-related services for clients age twenty-one and older -- Oral and maxillofacial surgery services, 388-535-1269 Covered dental-related services for clients age twenty-one and older -- Adjunctive general services, and 388-535-1271 Dental-related services not covered for clients age twenty-one and older.

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 June 8, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than June 9, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 8, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 25, 2010, 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 department is amending sections in chapter 388-535 WAC in order to, for clients through age twenty, reduce coverage of restorative services (crowns) and reduce coverage for repairs to partial dentures; for clients age twenty-one and older, reduce coverage for endodontic treatment and oral and maxillofacial surgery; and for all clients, reduce coverage for partial dentures. The amendments also update and clarify other language in this chapter.

Reasons Supporting Proposal: These amendments are necessary for the department to fully meet the legislatively mandated appropriation reduction in section 1109, chapter 564, Laws of 2009 (ESHB 1244) for dental and dental-related services for fiscal years 2010-2011, and to further clarify the department's coverage policy.

Statutory Authority for Adoption: Section 1109, chapter 564, Laws of 2009 (ESHB 1244), RCW 74.08.090 and 74.09.800.

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, governmental.

Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1342; Implementation and Enforcement: Dr. John Davis, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1748.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department analyzed the proposed rule amendments and concludes that they will impose no new costs on small businesses. The preparation of a comprehensive 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 Dr. John Davis, Program Manager, HRSA/DHS, P.O. Box 45506, Olympia, WA 98504-5506, phone (360) 725-1748, fax (360) 586-1590, e-mail johndavis2@dshs.wa.gov.

April 1, 2010

Katherine I. Vasquez

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 10-10 issue of the Register.

Washington State Code Reviser's Office