WSR 11-09-057

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed April 18, 2011, 2:26 p.m. ]

     Subject of Possible Rule Making: WAC 388-505-0210 Apple health for kids and other children's medical assistance programs, 388-542-0011 Order of payments under the premium-based apple health for kids program as funded by Title XXI of the Social Security Act (this is a new WAC section that will be proposed), and other possible WAC sections related to legislative changes that may occur during the course of this rule-making process.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.500; Patient Protection and Affordable Care Act (PPACA); §2102 (b)(1)(A) of the Social Security Act; and Public Law 111-3 (Children's Health Insurance Program Reauthorization Act of 2009).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Eliminating the Social Security number requirement for premium-based apple health for kids medical coverage is necessary to comply with federal "maintenance of effort" requirements under PPACA; adding description of lawfully present aliens to comply with CHIPRA; and creating new WAC section identifying the order of Title XXI payments under the premium-based apple health for kids program.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to 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 Kevin Sullivan, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1344, fax (360) 586-9727, TTY 1-800-848-5429, e-mail kevin.sullivan@dshs.wa.gov.

April 15, 2011

Katherine I. Vasquez

Rules Coordinator

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