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                    ENGROSSED SENATE BILL 6404

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State of Washington      53rd Legislature     1994 Regular Session

By Senators Wojahn, McAuliffe and Moyer; by request of Department of Social and Health Services

Read first time 01/21/94.  Referred to Committee on Health & Human Services.

Excluding medical assistance administration reimbursement fees and schedules from the administrative procedure act.

    AN ACT Relating to excluding medical assistance administration fee and reimbursement schedules from the administrative procedure act; and amending RCW 34.05.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 34.05.030 and 1993 c 281 s 15 are each amended to read as follows:

    (1) This chapter shall not apply to:

    (a) The state militia, or

    (b) The board of clemency and pardons, or

    (c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.

    (2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:

    (a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;

    (b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;

    (c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;

    (d) To actions of the Washington personnel resources board, the director of personnel, or the personnel appeals board; or

    (e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.

    (3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.

    (4) The rule-making provisions of this chapter do not apply to reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW.

(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.

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