WSR 13-12-073



(Economic Services Administration)

[ Filed June 5, 2013, 8:51 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-08-063.

     Title of Rule and Other Identifying Information: The department is proposing to amend the following rules to remove medical language references: WAC 388-446-0001, 388-450-0005, 388-450-0030, 388-450-0035, 388-450-0045, 388-450-0055, 388-450-0065, 388-450-0070, 388-450-0080, 388-450-0085, 388-450-0105, 388-450-0106, 388-450-0116, 388-450-0155, 388-450-0160, 388-450-0200, 388-450-0215, 388-455-0005, 388-455-0010, and 388-455-0015.

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on July 23, 2013, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than July 24, 2013.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, e-mail, fax (360) 664-6185, by 5:00 p.m. on July 23, 2013.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 2, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community service division is proposing to amend the above rules to remove medical references from fraud, income, educational benefits, gifts, and resources sections. These changes are necessary as the health care authority (HCA) is amending, repealing, or creating medical assistance program rules under TITLE 182 WAC to implement new regulations.

     Reasons Supporting Proposal: These proposed amendments are necessary to comply with 2E2SHB 1738, chapter 15, Laws of 2011, which designated HCA as the single state agency responsible for the administration and supervision of Washington's medicaid programs.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

     Statute Being Implemented: 2E2SHB 1738, chapter 15, Laws of 2011.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leslie Kozak, 712 Pear Street S.E., Olympia, 98501, (360) 725-4589.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes do not have an economic impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328(5):

     (b)(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party;

     (b)(vii) "(t)his section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

April 24, 2013

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 13-13 issue of the Register.