Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160; 42 U.S.C. 1396a (a)(25)(E) as amended by Section 53102 (a)(1) of the Bipartisan Budget Act of 2018, Third Party Liability in Medicaid and CHIP.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency is revising this section to strike subsection (2)(a) to align with changes in 42 U.S.C. 1396a (a)(25)(E) which removed prenatal care from the list of medical services that the agency pays and then seeks reimbursements from a liable third party. State medicaid agencies must use standard coordination of benefits cost avoidance when processing prenatal services claims. During the course of this review, the agency may identify additional related changes that are required in order to improve clarity or update policy.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services.

Process for Developing New Rule: The agency welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, the agency will send a notice of proposed rule making (CR-102) to everyone receiving this notice and 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 Valerie Smith (Rulewriter), P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1344, fax 360-586-9727, telecommunication relay services 711, email valerie.smith@hca.wa.gov, web site www.hca.wa.gov/about-hca/rulemaking; or Mark Benya (Program Questions), P.O. Box 45565, Olympia, WA 98504-5565, phone 360-725-1891, fax 360-586-3005, telecommunication relay services 711, email mark.benya@hca.wa.gov.