WSR 13-05-028

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Policy and External Relations)

[ Filed February 12, 2013, 9:46 a.m. , effective March 15, 2013 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-02-0005.

Statutory Authority for Adoption: RCW 34.05.020.

Adopted under notice filed as WSR 12-24-073 on December 4, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: February 7, 2013.

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.]