Subject of Possible Rule Making: Chapter 388-502 WAC, Electronic health records (EHR) incentive payment program (new).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, American Recovery and Reinvestment Act (ARRA) of 2009 (§ 495.370 and § 447.253(e)).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has opted-in to the new EHR incentive program. Rules are needed to administer this new federal program. These rules will:

     •     Directly benefit medicaid providers by establishing an orderly procedure for addressing disagreements over issues of eligibility and meaningful use, and facilitating the orderly issuance of millions of dollars in incentive money to those in the provider community who are eligible and demonstrate meaningful use.

     •     Provide the department with an effective tool for encouraging discussion, engaging with providers, and managing risk.

     •     Reduce the number of disputes and appeals that go to superior court.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone 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 Jason Crabbe, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1346, fax (360) 586-9727, TTY 1-800-848-5429, e-mail jason.crabbe@dshs.wa.gov.

January 18, 2011

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office