WSR 15-02-006

PERMANENT RULES

[Filed December 26, 2014, 9:11 a.m., effective January 26, 2015]

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

Purpose: Amendments in Title 388 WAC remove medical references, support the creation of the housing and essential needs (HEN) referral program and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA). These amendments are currently in effect via emergency rule making filed on October 31, 2014, as WSR 14-22-067. This permanent filing supersedes the emergency filing currently in effect.

Chapter 15, Laws of 2011, (2E2SHB 1738) designated the health care authority (HCA) as the single state agency responsible for the administration of Washington's medical assistance programs. This law also gave HCA the authority to adopt rules to carry out the medical assistance programs. HCA recodified medical assistance program rules to Title 182 WAC. The department is eliminating corresponding medical assistance rules under Title 388 WAC. Amendments also support the creation of the new HEN referral program created under chapter 10, Laws of 2013, (SHB 2069) and also remove references related to ADATSA, as the legislature did not appropriate funds for ADATSA. Beginning January 1, 2014, ADATSA-related medical care services recipients are medicaid eligible under the Affordable Care Act.

Additional amendments spell out the acronym, ABD, identifying it as the aged, blind or disabled program.

Citation of Existing Rules Affected by this Order: Amending WAC 388-406-0005, 388-406-0035, 388-406-0045, 388-424-0010, 388-424-0015, 388-436-0030, 388-450-0015, 388-450-0025, 388-450-0040, 388-450-0156, 388-450-0170, 388-472-0005, and 388-473-0010.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.62.030.

Other Authority: 2E2SHB 1738, chapter 15, Laws of 2011; chapter 10, Laws of 2013; and RCW 41.05.021, 74.04.050, 74.08.090, 74.09.035, 74.09.530, and the 2013 biennial budget.

Adopted under notice filed as WSR 14-12-076 on June 3, 2014.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-450-0156 (1)(d) was amended to eliminate "Washington apple health coverage" as a result of comments received.

WAC 388-418-0005 is withdrawn from this permanent rule making, as it will be pursued in another rule-making action.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 13, Repealed 0.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 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 13, Repealed 0.

Date Adopted: December 23, 2014.

Katherine I. Vasquez

Rules Coordinator