WSR 15-03-057

PROPOSED RULES

[Filed January 15, 2015, 9:09 a.m.]

Preproposal statement of inquiry was filed as WSR 14-16-111.

Title of Rule and Other Identifying Information: New WAC 388-877A-0400 How individuals can express concern about their rights, services, or treatment, 388-877A-0410 Grievance system—Definitions, 388-877A-0420 Grievance process, 388-877A-0430 Notice of action, 388-877A-0440 Appeal process, 388-877A-0450 Administrative hearings, 388-877A-0460 Individual rights specific to medicaid recipients and 388-877-0605 DBHR complaint process; and repealing WAC 388-865-0255 Consumer grievance process.

Hearing Location(s): Office Building 2, 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 March 10, 2015, at 10:00 a.m.

Date of Intended Adoption: Not earlier than March 11, 2015.

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 5:00 p.m., March 10, 2015.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, TTY (360) 664-6178 or (360) 664-6094 or e-mail Kildaja@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new rules inform individuals applying for, eligible for, or receiving mental health services of their right to express dissatisfaction regarding a mental health service and how to use the regional support network's grievance system. The rules inform consumers of behavioral health services how to use the division of behavioral health and recovery's complaint process, and update and clarify individual rights specific to the medicaid program. The department is repealing WAC 388-865-0255 that is outdated due to these new rules.

Statutory Authority for Adoption: Chapter 49.60 RCW, RCW 71.05.560, 71.24.035 (5)(c), and 71.34.380; 42 C.F.R. §438.400.

Statute Being Implemented: Chapter 49.60 RCW, RCW 71.05.560, 71.24.035 (5)(c), and 71.34.380; 42 C.F.R. §438.400.

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: Dennis Malmer, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-3747.

A small business economic impact statement has been prepared under chapter 19.85 RCW. See Reviser's note below.

A copy of the statement may be obtained by contacting Kathy Sayre, Rules Manager, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.sayre@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 725-2280, e-mail kathy.sayre@dshs.wa.gov.

January 14, 2015

Katherine I. Vasquez

Rules Coordinator