WSR 11-18-065

EMERGENCY RULES

HEALTH CARE AUTHORITY


[ Filed September 2, 2011, 9:46 a.m. , effective September 2, 2011, 9:46 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The emergency rule-making order adopted as WSR 11-18-011 on August 25, 2011, indicated that WAC 182-535-1247, 182-535-1255, 182-535-1257, 182-535-1259, 182-535-1261, 182-535-1263, 182-535-1266, 182-535-1267, 182-535-1269, 182-535-1271, and 182-535-1280 were being repealed. Unfortunately, those sections were erroneously omitted from the text that was filed. This emergency rule corrects that omission.

Purpose of WSR 11-18-011: Upon order of the governor, the health care authority (HCA) reduced its budget expenditures for fiscal year 2011 by 6.3 percent. To achieve the expenditure reduction required under Executive Order 10-04, HCA eliminated dental-related services from program benefit packages for clients twenty-one years of age and older and clients receiving medical care services under the disability lifeline (DL) and Alcohol and Drug Abuse Treatment and Support Act (ADATSA) programs. Clients who are classified as developmentally disabled under RCW 71A.10.020 who are twenty-one years of age and older will continue to receive dental-related services under chapter 182-535 WAC.

Citation of Existing Rules Affected by this Order: Repealing WAC 182-535-1247, 182-535-1255, 182-535-1257, 182-535-1259, 182-535-1261, 182-535-1263, 182-535-1266, 182-535-1267, 182-535-1269, 182-535-1271, and 182-535-1280.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: Section 209(1), chapter 37, Laws of 2010, (ESSB 6444); sections 201 and 209, chapter 564, Laws of 2009, (ESHB 1244).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: Governor Gregoire issued Executive Order 10-04 on September 13, 2010, under the authority of RCW 43.88.110(7). In the executive order, the governor required HCA and all other state agencies to reduce their expenditures in state fiscal year 2011 by approximately 6.3 percent. As a consequence of the executive order, funding will no longer be available as of January 1, 2011, for the benefits that are being eliminated as part of these regulatory amendments.

The immediate adoption of these cuts to optional services is necessary to maintain the mandatory medicaid services for the majority of HCA clients. The rule continues the emergency rule filed under WSR 11-10-031 on April 28, 2011, that complies with sections 201 and 209 of the operating budget for fiscal years 2010 and 2011 with respect to dental services. CR-101s were filed under WSR 09-14-093 on June 30, 2009, and WSR 10-20-160 on October 6, 2010. HCA is currently preparing drafts for the permanent rule to share with providers for their input. Following this, HCA plans to formally adopt the permanent rule.

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 0, Amended 0, Repealed 11.

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 0, Amended 0, Repealed 11.

Date Adopted: September 2, 2011.

Kevin M. Sullivan

Rules Coordinator

OTS-4252.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 182-535-1247 Dental-related services for clients age twenty-one and older -- General.
WAC 182-535-1255 Covered dental-related services -- Adults.
WAC 182-535-1257 Covered dental-related services for clients age twenty-one and older -- Preventive services.
WAC 182-535-1259 Covered dental-related services for clients age twenty-one and older -- Restorative services.
WAC 182-535-1261 Covered dental-related services for clients age twenty-one and older -- Endodontic services.
WAC 182-535-1263 Covered dental-related services for clients age twenty-one and older -- Periodontic services.
WAC 182-535-1266 Covered dental-related services for clients age twenty-one and older -- Prosthodontics (removable).
WAC 182-535-1267 Covered dental-related services for clients age twenty-one and older -- Oral and maxillofacial surgery services.
WAC 182-535-1269 Covered dental-related services for clients age twenty-one and older -- Adjunctive general services.
WAC 182-535-1271 Dental-related services not covered for clients age twenty-one and older.
WAC 182-535-1280 Obtaining prior authorization for dental-related services for clients age twenty-one and older.

Washington State Code Reviser's Office