WSR 19-14-048
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed June 27, 2019, 2:07 p.m., effective July 28, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency is amending this rule to allow a limited exception to the requirement that an attorney representing an appellant in a hearing must file a notice of appearance. The exception applies to an attorney representing an appellant who was also the person that originally requested the appellant's hearing. The agency is also amending the list of people who may not represent an appellant in a hearing to include an employee of the department of children, youth, and families.
Citation of Rules Affected by this Order: Amending WAC 182-526-0155.
Adopted under notice filed as WSR 19-11-074 on May 16, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 27, 2019.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-23-201, filed 11/22/17, effective 12/23/17)
WAC 182-526-0155Appellant's representation in the hearing.
(1) ((An))Appellants may act as ((his or her))their own representative or may choose to have someone represent ((him or her))them including, but not limited to, a friend, relative, community advocate, attorney or paralegal.
(2) All parties, including the health care authority (HCA) and their representatives, must provide their name, address, and telephone number to the office of administrative hearings (OAH) and all other parties prior to the hearing.
(3) The administrative law judge (ALJ) may require an appellant's representative to file a written notice of appearance, limited notice of appearance, or other documentation authorizing the representative to appear on behalf of the appellant.
(4) In cases involving confidential information, the representative must file a legally sufficient signed written consent or release of information document with HCA or HCA's authorized agent.
(5) If an appellant is represented by an attorney admitted to practice law in Washington state, the attorney must file a notice of appearance or limited notice of appearance and a notice of withdrawal if the attorney stops representing the ((party))appellant before the hearing process ends.
(6) HCA allows an exception to the requirement to file a notice of appearance in subsection (5) of this section when an appellant is represented by an attorney admitted to practice law in Washington state, and that attorney originally requested the appellant's hearing under WAC 182-526-0095. If the attorney stops representing the appellant before the hearing process ends, the requirement to file a notice of withdrawal still applies.
(7) The following restrictions apply to an appellant's representative:
(a) HCA and HCA's authorized agents do not pay for an appellant's representation.
(b) OAH does not pay for an appellant's representation.
(c) The following people may not act as an appellant's representative in a hearing under this chapter:
(i) An employee of HCA;
(ii) HCA's authorized agent;
(iii) An employee of the department of social and health services (DSHS);
(iv) An employee of the department of children, youth, and families (DCYF);
(v) An employee of OAH; or
(((v)))(vi) Anyone under eighteen years of age.