WSR 98-23-093

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Medical Assistance Administration)

(Aging and Adult Services Administration)

(Economic Services Administration)

[Filed November 18, 1998, 10:48 a.m.]



Subject of Possible Rule Making: Medical Assistance Administration (MAA), working in collaboration with Aging and Adult Services Administration (AASA) and Economic Services Administration (ESA), is reviewing rules, policies and issuances related to long-term care (LTC) financial eligibility for compliance with the Administrative Procedure Act, Executive Order 97-02, and the DSHS secretary order on regulatory improvement. This review may result in the repeal or amendment of existing rules or the adoption of new rules that affect MAA, AASA or ESA services. A full list of the rules (chapters [388-]513 and [388-] 515 WAC), policies, and other issuances under review may be requested through contact information below.

Statutes Authorizing the Agency to Adopt Rules on this Subject: MAA receives statutory authority to adopt these rules from many sources, including: RCW 11.92.180, 43.20B.460, 48.85.020, 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530, 74.09.575, 74.09.585, 20 CFR 416.1110-1112, 1123 and 1160; 42 CFR 435.403 (j)(2) and 1005; and Sections 17, 1915(c) and 1924 (42 USC 1396) of the Social Security Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: State and federal changes in public assistance programs require the state to update all its rules relating to these services. As part of that update, MAA has set several goals: To write all rules in a simple, clear and effective style targeted to the regulated audience; to fully include the public, clients, vendors, advocates and other parts of government in rule development; to streamline and consolidate rules as much as possible; and to repeal all rules not needed for effective program operation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: MAA will coordinate this effort with all other affected agencies, including but not limited to the Washington Department of Veteran Affairs and the Health Care and Financing Authority. They will be furnished copies of all materials drafted during this process for their review, input, and comments, and will be invited to participate in meetings regarding the development of these rules. Whenever possible, announcements of opportunities to collaborate will be published in the Washington State Register and posted on agency Internet pages.

Process for Developing New Rule: MAA invites the interested public to review and provide input on the draft language of rules. They will be furnished copies of all materials drafted during this process for their review, input, and comments, and will be invited to participate in meetings regarding the development of these rules. Whenever possible, announcements of opportunities to collaborate will be published in the Washington State Register and posted on agency Internet pages. Interested parties should contact the MAA representative identified below. A special Regulatory Improvement Team (RIT) will be involved at the agency level. Their participation will include the review of proposed language to encourage simplicity and clarity and to enhance public participation.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To have your name added to the list of interested parties to receive mailings and meeting announcements, contact Patte King, Administrative Assistant, Medical Assistance Administration, P.O. Box 45530, Olympia, WA 98504-5530, phone (360) 586-0830, fax (360) 753-7315, TTY 1-800-848-5429, e-mail kingpl@dshs.wa.gov.

November 18, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit