WSR 17-11-086

PREPROPOSAL STATEMENT OF INQUIRY

[Filed May 19, 2017, 8:43 a.m.]

Subject of Possible Rule Making: The department is proposing to amend WAC 388-449-0010 What evidence do we consider to determine disability?, 388-447-0005 What evidence does the department consider to determine incapacity?, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 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, 41.05.021, 74.09.035, 74.09.530.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These proposed amendments are necessary to conform to new standards adopted by the Social Security Administration (SSA), DI 22505.003 Evidence from an Acceptable Medical Source (AMS), which expand the federal definition of an AMS. These amendments will ensure that eligibility standards adopted by the department are consistent with, and not more restrictive than, standards adopted by SSA.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Erik Peterson, 712 Pear Street S.E., Olympia, WA 98501, phone (360) 725-4622, fax (360) 725-4904, email erik.peterson@dshs.wa.gov.

May 15, 2017

Katherine I. Vasquez

Rules Coordinator