WSR 13-20-063 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Behavioral Health and Service Integration Administration) [Filed September 26, 2013, 4:10 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-16-104.
Title of Rule and Other Identifying Information: The department is repealing WAC 388-800-0040 What is ADATSA?, 388-800-0045 What services are offered by ADATSA?, and 388-800-0120 As an eligible ADATSA client, when would I get state-funded medical assistance?
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 November 5, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 6, 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 November 5, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 22, 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 these sections because the legislature did not appropriate any funds for the Alcohol and Drug Addiction Treatment and Support Act (ADATSA) program in the new biennium budget. ADATSA-related medical care services recipients will be medicaid eligible under the Affordable Care Act (ACA) starting January 1, 2014.
Reasons Supporting Proposal: The ADATSA program has been repealed due to lack of legislative appropriation. Individuals eligible under the ADATSA program will be covered under the federal ACA rules beginning January 1, 2014.
Statutory Authority for Adoption: RCW 41.05.021, 74.04.050, Patient Protection and ACA established under Public Law 111-148; 42 C.F.R. § 431, 435, and 457, and at 45 C.F.R. § 155.
Statute Being Implemented: RCW 41.05.021, 74.04.050, 74.08.090, 74.09.035, 74.09.530; Patient Protection and ACA established under Public Law 111-148; 42 C.F.R. § 431, 435, and 457, and at 45 C.F.R. § 155.
Rule is necessary because of federal law, Patient Protection and ACA.
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. 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 ADATSA program may be considered medicaid eligible under the new ACA rules. Under RCW 34.05.328 (5)(b)(v), a cost-benefit analysis [small business economic impact statement] is not required.
A cost-benefit analysis is not required under RCW 34.05.328. State funding for the ADATSA program was not legislatively appropriated beginning January 1, 2014. Individuals eligible under the ADATSA 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 [cost-benefit analysis] is not required.
September 23, 2013
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following sections of the Washington Administrative Code are repealed:
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