WSR 13-18-005

PERMANENT RULES

[Filed August 22, 2013, 8:32 a.m., effective October 1, 2013]

Effective Date of Rule: October 1, 2013.

Purpose: The department is amending the following rules to remove medical language references: WAC 388-404-0005, 388-406-0010, 388-406-0040, 388-406-0060, 388-406-0065, 388-418-0007, 388-418-0020, 388-422-0005, 388-422-0010, 388-422-0020, 388-422-0030, 388-424-0006, 388-424-0009, 388-434-0005, 388-458-0011, 388-458-0016, 388-458-0025, 388-458-0030, 388-470-0005, 388-470-0012, 388-470-0045, 388-470-0060, 388-470-0070, 388-476-0005, 388-478-0005, 388-488-0005, 388-489-0020, 388-490-0005, and 388-492-0110. The department is repealing WAC 388-416-0010. These changes are necessary as the health care authority (HCA) is amending, repealing or creating medical assistance programs rules under Title 182 WAC to implement new regulations. The changes comply with 2E2SHB 1738, chapter 15, Laws of 2011, which designated HCA as the single state agency responsible for administration and supervision of Washington's medicaid programs.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-416-0010; and amending WAC 388-404-0005, 388-406-0010, 388-406-0040, 388-406-0060, 388-406-0065, 388-418-0007, 388-418-0020, 388-422-0005, 388-422-0010, 388-422-0020, 388-422-0030, 388-424-0006, 388-424-0009, 388-434-0005, 388-458-0011, 388-458-0016, 388-458-0025, 388-458-0030, 388-470-0005, 388-470-0012, 388-470-0045, 388-470-0060, 388-470-0070, 388-476-0005, 388-478-0005, 388-488-0005, 388-489-0020, 388-490-0005, and 388-492-0110.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510.

Other Authority: 2E2SHB 1738, chapter 15, Laws of 2011.

Adopted under notice filed as WSR 13-11-025 on May 8, 2013.

Changes Other than Editing from Proposed to Adopted Version: 1. Language removed in the proposed rule in WAC 388-424-0008 Citizenship and alien status—Work quarters, was added back into the rule during the permanent filing. The change was made because federal medical programs are considered federal means-testing benefits, and should be considered when determining Social Security work quarters. The permanent rule keeps the language in WAC 388-424-0008 as currently written.

2. Language was amended in WAC 388-422-0005 What happens to my child, spousal and medical support when I get public assistance?, to clarify what services a family will receive when they agree to cooperate with the division of child support (DCS) in providing IV-D services. Changes include (1) retaining the definition of "medical support" in subsection (1)(e); (2) adding the word "cash" to subsection (2) to clarify the type of support; (3) creating a new subsection (3) to state the following, "When you receive TANF or SFA cash benefits, DCS will open up a full support enforcement services case for you. "Full support enforcement services" is defined in WAC 388-14A-1020; (4) adding the word "cash" to subsection (4) to clarify the type of support.

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 29, Repealed 1.

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 0, Amended 29, Repealed 1.

Date Adopted: August 14, 2013.

Katherine I. Vasquez

Rules Coordinator