Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-11-104.

     Title of Rule: Allocation of state noncitizen immigrant funds.

     Purpose: To provide funding methodology that will allow services to be delivered pursuant to section 212(7), [chapter 371,] Laws of 2002.

     Statutory Authority for Adoption: RCW 41.05.220.

     Statute Being Implemented: Section 212(7), [chapter 371,] Laws of 2002.

     Summary: Addition of language (new section WAC 182-20-250) to provide special dental and interpreter grant funding for transition immigrant population from DSHS/MAA per ESSB 6387 for nonprofit community clinics funded under the community health services program.

     Reasons Supporting Proposal: The legislature in 2002, pursuant to section 212(7), [chapter 371,] Laws of 2002, increased community health services dental funding to serve noncitizen immigrants.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Blacksmith, Health Care Authority, (360) 923-2755.

     Name of Proponent: Health Care Authority, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Pursuant to section 212(7), [chapter 371,] Laws of 2002, adds a new section to chapter 182-20 WAC that provides special dental and interpreter grant funding methodology for transition immigrant population from DSHS/MAA for nonprofit community clinics funded under the community health services program. This new section, WAC 182-20-250, allows three grant distributions based on the following criteria:

•     First allocation of total funds available will be based on 5% distributed equally to participating nonprofit community clinics (contractors) and 35% distributed based on contractors ratio of MAA payments from July 1, 2001, to December 31, 2001, for targeted population.

•     Second allocation (30% of total funds available) will be distributed to contractors based on a combination of users and RVU's seen at the contractor clinics for the time period October 1, 2002, to December 31, 2002.

•     Third allocation (30% of total funds available) will be distributed to contractors based on a combination of users and RVU's seen at the contractor clinics for the time period January 1, 2003, to March 31, 2003.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required. The Joint Administrative Rules Review Committee has not requested the filing of a small business economic impact statement, and there will be no costs to small businesses.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to Health Care Authority (HCA) rules unless requested by the Joint Administrative Rules Review Committee or applied voluntarily by the HCA.

     Hearing Location: Health Care Authority, East Wing, Conference Room E402, 676 Woodland Square Loop S.E., Olympia, WA 98504, on August 29, 2002, at 10:30 a.m.

     Assistance for Persons with Disabilities: Contact Nikki Johnson by August 26, 2002, TDD (888) 923-5622 or (360) 923-2805.

     Submit Written Comments to: Bob Blacksmith, 676 Woodland Square Loop S.E., Olympia, WA 98504, fax (360) 923-2605, by 4:00 p.m. on August 29, 2002.

     Date of Intended Adoption: September 3, 2002.

July 24, 2002

Melodie Bankers

Rules Coordinator

OTS-5852.2

NEW SECTION
WAC 182-20-250   Allocation of state noncitizen immigrant funds.   The authority will allocate available funds to existing CHS contracted nonprofit community clinic contractors as of July 1, 2002, based on the following criteria:

     (1) The initial time period covered for noncitizen immigrant funding is October 1, 2002, through June 30, 2003.

     (2) The funding available will be targeted to noncitizen immigrants who are below one hundred percent of the federal poverty level.

     (3) Awards will be by contract amendments.

     (4) Starting October 1, 2002, the noncitizen immigrant funds will be distributed in three allocations to contractors based upon the following formula:

     (a) For the first allocation on October 1, 2002:

     (i) Five percent of all available funds will be shared equally among participating contractors.

     (ii) Thirty-five percent of all available funds will be distributed based on a ratio derived from payments made by Medical Assistance Administration (MAA) for the period July 1, 2001, through December 31, 2001, specific to the noncitizen immigrant population, to CHS contractors (subset of MAA list of top fifty dental providers and clinics). Each clinic ratio will then be multiplied against the thirty-five percent of the total money available.

     (b) For the second allocation to be awarded on or about February 15, 2003:

     Thirty percent of all available funds (referred to as the second allocation base) will be distributed based on the following formula:

     (i) Twenty percent will be distributed based on the ratio of the contractor's primary health care (PHC) noncitizen immigrant dental sliding fee users divided by the total noncitizen immigrant dental sliding fee users of all contractors as reported between October 1, 2002, and December 31, 2002.

individual contractor's dental noncitizen immigrant sliding fee users
	X 20% second allocation base
total of all contractor's dental noncitizen immigrant sliding fee users

     (ii) Eighty percent will be distributed based on the ratio of the contractor's primary health care (PHC) noncitizen immigrant dental sliding fee relative value units (RVUs), as defined in WAC 182-20-010(7), divided by the total noncitizen immigrant dental sliding fee RVUs of all contractors as reported between October 1, 2002, and December 31, 2002.

individual contractor's dental noncitizen immigrant sliding fee RVUs
	X 80% second allocation base
total of all contractor's dental noncitizen immigrant sliding fee RVUs

     (iii) Interpreter services not available from any other source, and paid for by the contractor, will be reportable and will be counted as each ten minutes of interpreter time equals one RVU.

     (c) For the third allocation to be awarded on or about May 15, 2003:

     Thirty percent of all available funds (referred to as the third allocation base) will be distributed based on the following formula:

     (i) Twenty percent will be distributed based on the ratio of the contractor's primary health care (PHC) noncitizen immigrant dental sliding fee users divided by the total noncitizen immigrant dental sliding fee users of all contractors as reported between January 1, 2003, and March 31, 2003.

individual contractor's dental noncitizen immigrant sliding fee users
	X 20% second allocation base
total of all contractor's dental noncitizen immigrant sliding fee users

     (ii) Eighty percent will be distributed based on the ratio of the contractor's primary health care (PHC) noncitizen immigrant dental sliding fee RVUs divided by the total noncitizen immigrant dental sliding fee RVUs of all contractors as reported between January 1, 2003, and March 31, 2003.

individual contractor's dental noncitizen immigrant sliding fee RVUs
	X 80% second allocation base
total of all contractor's dental noncitizen immigrant sliding fee RVUs

     (iii) Interpreter services not available from any other source, and paid for by the contractor, will be reportable and will be counted as each ten minutes of interpreter time equals one RVU.

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