WSR 98-22-099

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[Filed November 4, 1998, 10:38 a.m.]

Supplemental Notice to WSR 98-19-014.

Preproposal statement of inquiry was filed as WSR 96-07-042.

Title of Rule: Repealing WAC 388-87-110 Durable medical equipment--Prosthetic devices.

Purpose: WAC 388-87-110 is being replaced by new chapter 388-543 WAC, which was proposed for adoption under WSR 98-19-014. WAC 388-87-110 was intended to be repealed at the same time, but was not included in the filing due to a typographical error. This will allow additional time for the public to review and comment on this proposal.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.530.

Statute Being Implemented: Chapters 74.08, 74.09 RCW.

Summary: WAC 388-87-110 is being replaced by new chapter 388-543 WAC.

Reasons Supporting Proposal: The repeal of WAC 388-87-110 will avoid conflict with new chapter 388-543 WAC.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sharon Morrison, Medical Assistance Administration, 8th Avenue S.E., Olympia, Washington 98504, (360) 586-2337.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-87-110 is being replaced by new chapter 388-543 WAC, which was proposed for adoption under WSR 98-19-014. WAC 388-87-110 was intended to be repealed at the same time and was not included due to a typographical error. To avoid conflict with chapter 388-543 WAC, WAC 388-87-110 must be repealed.

Proposal Changes the Following Existing Rules: It repeals the existing rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. The rule 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 December 8, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 30, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by December 8, 1998.

Date of Intended Adoption: December 9, 1998.

October 30, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2501.1

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 388-87-110 Durable medical equipment--Prosthetic devices.