WSR 12-24-073

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Office of the Secretary)

[ Filed December 4, 2012, 2:43 p.m. ]

Title of Rule and Other Identifying Information: WAC 388-02-0005(4) referencing chapter 388-526 WAC.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185 , AND RECEIVED BY February 4, 2013.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 388-02-0005(4) currently references chapter 388-526 WAC which will no longer exist upon adoption of the health care authority (HCA) regulations under TITLE 182 WAC. WAC 388-02-0005 needs to be amended to reference chapter 182-526 WAC rather than chapter 388-526 WAC.

Reasons Supporting Proposal: Accuracy in referencing regulations outside of chapter 388-02 WAC.

Statutory Authority for Adoption: RCW 34.05.353 (1)(a) and (c) and 34.05.020.

Statute Being Implemented: Chapter 34.05 RCW, Parts IV and V, RCW 34.05.220 (1)(a) and (b).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Conant, P.O. Box 45803, Olympia, WA 98504-5803, (360) 664-6081.

November 28, 2012

Katherine I. Vasquez

Rules Coordinator

4387.1
AMENDATORY SECTION(Amending WSR 12-05-043, filed 2/10/12, effective 2/25/12)

WAC 388-02-0005   What is the purpose and scope of this chapter?   This chapter describes the general procedures that apply to the resolution of disputes between you and the various programs within the department of social and health services (DSHS). The rules of this chapter are intended to supplement for DSHS both the Administrative Procedure Act (APA), chapter 34.05 RCW, and the model rules, chapter 10-08 WAC, adopted by the office of administrative hearings (OAH).

(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)) 182-526 WAC.

[Statutory Authority: RCW 74.09.741 and 34.05.020. 12-05-043, 388-02-0005, filed 2/10/12, effective 2/25/12. Statutory Authority: RCW 34.05.020. 00-18-059, 388-02-0005, filed 9/1/00, effective 10/2/00.]