WSR 00-18-031



(Medical Assistance Administration)

[ Filed August 29, 2000, 4:32 p.m. ]

Supplemental Notice to WSR 00-17-161.

Preproposal statement of inquiry was filed as WSR 99-20-050.

Title of Rule: Chapter 388-41 WAC, Medical audit dispute resolution.

Purpose: The preproposal statement of inquiry filed as WSR 99-20-050 stated entire chapter 388-41 WAC was considered for repeal, but the notice of proposed rule making filed under WSR 00-17-161 inadvertently listed just one section of chapter 388-41 WAC (WAC 388-41-020 Audit dispute conference). Entire chapter 388-41 WAC is being replaced by proposed sections in chapter 388-502 WAC, Administration of medical programs -- General, necessitating the repeal of chapter 388-41 WAC.

Statutory Authority for Adoption: RCW 74.08.090, 43.20B.675.

Statute Being Implemented: RCW 74.08.090, 43.20B.675.

Summary: The proposed repeal eliminates information that is being duplicated in proposed WAC 388-502-0240 Audits and the audit appeal process for contractor/providers. The proposed section states what a provider may expect from a department audit, what actions the department may take during and after an audit, and what a provider may do to appeal department actions taken as a result of an audit.

Reasons Supporting Proposal: To eliminate duplicate rules.

Name of Agency Personnel Responsible for Drafting: Ann Myers, DPS/RIP, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1345.

Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal will repeal an existing chapter of rule to eliminate duplicating the policy that is being proposed as WAC 388-502-0240, filed under WSR 00-17-161.

Proposal Changes the Following Existing Rules: Chapter 388-41 WAC is being proposed for repeal, to be replaced by WAC 388-502-0240.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed repeal, and concludes that since the policy is being written into another section of rule with no change to current policy, there will be no more than a minor impact on the small businesses affected by the repeal.

RCW 34.05.328 does not apply to this rule adoption. The department has analyzed the proposed repeal and concludes that it does not meet the definition of a "significant legislative rule."

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 10, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by October 3, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 10, 2000.

Date of Intended Adoption: No sooner than October 11, 2000.

August 29, 2000

Edith M. Rice, Chief

Office of Legal Affairs


     The following sections of the Washington Administrative Code are repealed:
WAC 388-41-001 Authority.
WAC 388-41-003 Purpose.
WAC 388-41-010 Definitions.

Washington State Code Reviser's Office