WSR 11-22-045

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Financial Services Administration)

[ Filed October 27, 2011, 10:57 a.m. , effective October 29, 2011 ]


Effective Date of Rule: October 29, 2011.

Purpose: The new section WAC 388-02-0387 is intended to implement the governor's "no wrong door" policy and allow petitions for review filed with DSHS in matters in which an applicant or recipient of medical services programs set forth in chapter 74.09 RCW seeks review of decisions made by more than one agency to go forward.

Statutory Authority for Adoption: RCW 74.09.741, 34.05.020.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The new section WAC 388-02-0387 is intended to implement the governor's "no wrong door" policy and allow petitions for review filed with DSHS in matters in which an applicant or recipient of medical services programs set forth in Title 74 RCW seeks review of decisions made by more than one agency to go forward in accordance with RCW 74.09.741.

A CR-101 for a new permanent rule was filed in WSR 11-14-097 on July 1, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: October 26, 2011.

Katherine I. Vasquez

Rules Coordinator

4311.3
NEW SECTION
WAC 388-02-0387   How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?   The following requirements apply only to adjudicative proceedings in which an applicant or recipient of medical services programs set forth in chapter 74.09 RCW seeks review of decisions made by more than one agency.

(1) When you file a single application for an adjudicative proceeding seeking review of decisions by more than one agency, this review shall be conducted initially in one adjudicative proceeding. The administrative law judge (ALJ) may sever the proceeding into multiple proceedings on the motion of any of the parties, when:

(a) All parties consent to the severance; or

(b) Either party requests severance without another party's consent, and the ALJ finds there is good cause for severing the matter and that the proposed severance is not likely to prejudice the rights of an appellant who is a party to any of the severed proceedings.

(2) If there are multiple adjudicative proceedings involving common issues or parties where there is one appellant and both the health care authority and the department are parties, upon motion of any party or upon his or her own motion, the ALJ may consolidate the proceedings if he or she finds that the consolidation is not likely to prejudice the rights of the appellant who is a party to any of the consolidated proceedings.

(3) If the ALJ grants the motion to sever the hearing into multiple proceedings or consolidate multiple proceedings into a single proceeding, the ALJ will send out an order and a new notice of hearing to the appropriate parties in accordance with WAC 388-02-0250.

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Washington State Code Reviser's Office