SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed October 19, 2018, 3:17 p.m.]
Preproposal statement of inquiry was filed as WSR 18-12-098.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) division of child support (DCS) is proposing to amend several sections in chapter 388-14A WAC as we implement Part I of SSB 6334 (chapter 150, Laws of 2018); the effective date of Part I of the act was June 7, 2018. These sections include WAC 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-3312 The division of child support serves a notice of support owed to establish a fixed dollar amount owed by either parent for medical support, 388-14A-3324 What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?, 388-14A-3925 Who can ask to modify an administrative support order?, 388-14A-4100 How does the division of child support enforce my obligation to provide health insurance for my children?, 388-14A-4110 If my support order requires me to provide medical support for my children, what do I have to do?, 388-14A-4111 When may DCS decline a request to enforce a medical support obligation?, 388-14A-4112 When does the division of child support enforce a custodial parent's obligation to provide medical support?, 388-14A-4120 DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage, 388-14A-4160 Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?, 388-14A-4175 Who is required to notify the division of child support when insurance coverage for the children ends?, 388-14A-4180 When must the division of child support communicate with the DSHS medicaid purchasing administration?, and 388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation.
SSB 6334 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 DCS enforces medical support obligations, most notably that an obligated parent can satisfy his or her health care coverage obligation by enrolling the child(ren) 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 as we commenced the permanent rule-making process, DCS adopted emergency rules effective June 7, 2018, under WSR 18-13-011; a second emergency rule was necessary because emergency rules may not remain in effect for longer than one hundred twenty days after filing with the office of the code reviser and it is not always possible to complete the permanent rule adoption process within that time limit. The second emergency rule, adopted under WSR 18-21-022, took effect on October 6, 2018, in order to maintain the status quo as the permanent rule adoption process continues; the text of the second emergency rule is exactly the same as the text of the first emergency rule.
The text of the proposed permanent rules differs from the text of the emergency rules; although the intent of the rules remains the same, there have been some changes made. Please review the text of the proposed rules carefully.
Hearing Location(s): On December 11, 2018, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than December 12, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., December 11, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by November 27, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DSHS DCS is proposing to adopt permanent rules to implement Part I of SSB 6334 (chapter 150, Laws of 2018), which made changes to the law and terminology concerning medical child support obligations. 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 DCS enforces medical support obligations, most notably that an obligated parent can satisfy his or her health care coverage obligation by enrolling the child(ren) in public health care coverage. In Washington, "public health care coverage" means medicaid and the other programs included in the apple health program.
Reasons Supporting Proposal: The proposed rules provide updates to, and clarification of, procedures and requirements dealing with medical support obligations. 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 ("Flexibility 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 Flexibility 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.
Statute Being Implemented: Part I of SSB 6334 (chapter 150, Laws of 2018), effective date June 7, 2018; SSB 6334 amended RCW 26.09.105
, and 74.20A.300
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507, 360-664-5065.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. RCW 34.05.328
(5)(b)(vii) provides that no cost-benefit analysis is required for rules of DSHS relating only to client medical or financial eligibility and rules concerning liability for care of dependents.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: RCW 19.85.025
(4) provides that chapter 19.85
RCW does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses. These rules apply only to the establishment of support obligations for dependent children.
October 16, 2018
Katherine I. Vasquez
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 18-22
issue of the Register.