WSR 13-19-061 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Behavioral Health and Service Integration Administration) [Filed September 17, 2013, 8:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-112.
Title of Rule and Other Identifying Information: The department is repealing WAC 388-865-0217 Psychiatric indigent inpatient program.
Hearing Location(s): Office Building 2, Lookout Room, 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), on October 22, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 22, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 22, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 8, 2013, 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 department is repealing WAC 388-865-0217 because individuals eligible for the psychiatric indigent inpatient (PII) program may be considered newly eligible under the Affordable Care Act (ACA) rules beginning January 1, 2014.
Reasons Supporting Proposal: The PII program has been repealed due to lack of legislative appropriation. Individuals eligible under the PII program will be covered under the federal ACA rules beginning January 1, 2014.
Rule is necessary because of federal law, Patient Protection and Affordable Care Act.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1342; Implementation and Enforcement: Pete Marburger, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1513.
No small business economic impact statement has been prepared under chapter 19.85 RCW. State funding for the PII program was not legislatively appropriated beginning January 1, 2014. Individuals eligible under the PII program will be covered under the federal ACA rules beginning January 1, 2014. Under RCW 19.85.025(3), a small business economic impact statement is not required.
A cost-benefit analysis is not required under RCW 34.05.328. The content of the rule is explicitly and specifically dictated by statute (RCW 74.04.057). Beginning January 1, 2014, an individual eligible for the PII program may be considered medicaid eligible under the new ACA rules. Under RCW 34.05.328 (5)(b)(v), a cost-benefit analysis is not required.
September 11, 2013
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following section of the Washington Administrative Code is repealed:
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