Purpose: The department is adopting emergency rules to implement Part I of SSB 6334 (chapter 150, Laws of 2018). The effective date of Part I of the act is June 7, 2018.

Part I of SSB 6334 amended various statutes dealing with medical child support obligations as required under the final rule entitled flexibility, efficiency, and modernization in child support enforcement programs ("final rule"), which was published on December 20, 2016, in the Federal Register, Volume 81, Number 244, on page 93492. Under the final rule, 45 C.F.R. 303.31 (a)(2) defines "health care coverage" to include "fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public health care coverage under which medical services could be provided to the dependent child(ren)."

The statutory change introduces new terminology, but does not change the way that medical support obligations are established, either in court or in the administrative process. However, there are changes in the policies and procedures regarding how the division of child support (DCS) enforces medical support obligations, most notably that an obligated parent can satisfy his or her health care coverage obligation by enrolling the child or children in public health care coverage. In Washington, "public health care coverage" means medicaid and the other programs included in the apple health program.

At the same time the department adopts emergency rules, the department is filing a CR-101 Preproposal notice of inquiry, to commence the permanent rule-making process under chapter 34.05 RCW.

Citation of Rules Affected by this Order: Amending WAC 388-14A-1020, 388-14A-3312, 388-14A-3324, 388-14A-3925, 388-14A-4100, 388-14A-4110, 388-14A-4111, 388-14A-4112, 388-14A-4120, 388-14A-4160, 388-14A-4175, 388-14A-4180, and 388-14A-6300.

Statutory Authority for Adoption: Part I of SSB 6334 (chapter 150, Laws of 2018), effective date June 7, 2018; RCW 26.09.105, 26.18.170, 26.23.050, 34.05.220 (1)(a), 34.05.350(1), 74.08.090, 74.20.040(9).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The department is implementing Part I of SSB 6334 (chapter 150, Laws of 2018), which takes effect on June 7, 2018.

Part I of SSB 6334 amended various statutes dealing with medical child support obligations as required under the final rule entitled flexibility, efficiency, and modernization in child support enforcement programs ("final rule"), which was published on December 20, 2016, in the Federal Register, Volume 81, Number 244, on page 93492. Under the implementation schedule for the final rule, 45 C.F.R. 303.31 (a)(2) was required to be implemented on or before July 1, 2018. In light of that requirement, the Washington legislature passed SSB 6334 and made Part I of the bill effective on June 7, 2018. Other parts of the bill take effect January 1, 2019.

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 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.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 18-14 issue of the Register.