PROPOSED RULES
SOCIAL AND HEALTH SERVICES
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-14-097.
Title of Rule and Other Identifying Information: The department is amending its procedural rules in chapter 388-02 WAC to provide notice to its customers of where they may find information regarding dispute resolution. The department is adopting a new rule section to tell customers that they may file petitions involving both DSHS and health care authority (HCA) in one appeal.
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 December 27, 2011, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 28, 2011.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 27, 2011.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 6, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends WAC 388-02-0005 to direct our customers to new chapter 388-823 [388-526] WAC, which contains procedural rules for hearings before the HCA. It is designed to inform our customers of the scope of our chapter, and the scope of the HCA chapter, so that they will know which department to contact for informal dispute resolution and other services.
New section, WAC 388-02-0387, implements RCW 74.09.741(5). It follows the governor's "no wrong door" policy and allows petitions for review that involve issues from the department and the HCA to be heard in one hearing. The rule text is identical to that of the new HCA procedural rule in WAC 388-823-0387 [388-526-0387].
Statutory Authority for Adoption: RCW 34.05.020.
Statute Being Implemented: Chapter 74.09 RCW, RCW 74.09.741(5).
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, Implementation and Enforcement: Marjorie Gray, P.O. Box 45803, Olympia, WA 98504-5803, (360) 664-6062.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These are procedural rules and are exempt under RCW 19.85.025(3) and 34.005.310 [34.05.310] (4)(g)(i).
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are not "significant legislative rule" under RCW 34.05.328 (5)(c)(iii). Under RCW 34.05.328 (5)(a)(i), a cost-benefit analysis is only required for significant legislative rules.
November 18, 2011
Katherine I. Vasquez
Rules Coordinator
4311.2(1) This chapter:
(a) Establishes rules encouraging informal dispute resolution between DSHS and persons or entities who disagree with its actions;
(b) Regulates all hearings involving DSHS; and
(c) Consolidates most DSHS hearing procedural rules into one chapter.
(2) Nothing in this chapter is intended to affect the constitutional rights of any person or to limit or change additional requirements imposed by statute or other rule. Other laws or rules determine if you have a hearing right, including the APA and DSHS program rules or laws.
(3) Specific DSHS program hearing rules prevail over the rules in this chapter.
(4) Rules encouraging informal dispute resolution between the health care authority and persons or entities who disagree with its actions, and regulating hearings for the medical services programs established under chapter 74.09 RCW are governed by chapter 388-526 WAC.
[Statutory Authority: RCW 34.05.020. 00-18-059, § 388-02-0005, filed 9/1/00, effective 10/2/00.]
(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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