WSR 06-12-093



(Health and Recovery Services Administration)

[ Filed June 6, 2006, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-22-098.

Title of Rule and Other Identifying Information: HRSA medical assistance is amending WAC 388-542-0010 Purpose and scope of SCHIP (state children's health insurance program).

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6097), on July 11, 2006, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 12, 2006.

Submit Written Comments to: DSHS Rules Consultant, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m., on July 11, 2006.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by July 7, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a technical correction, adding language to confirm that an unborn child is eligible for SCHIP coverage when the mother is ineligible for Medicaid.

Reasons Supporting Proposal: Clarifying the rule allows clients and providers to understand more fully the coverage available to SCHIP clients.

Statutory Authority for Adoption: RCW 74.08.090 and 74.09.450.

Statute Being Implemented: RCW 74.09.450, Title XXI of the Social Security Act.

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: Joanie Scotson, P.O. Box 45534, Olympia, WA 98504-5534, (360) 725-1330.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not affected by this rule.

A cost-benefit analysis is not required under RCW 34.05.328. DSHS client eligibility rules for medical assistance are exempt from this requirement according to RCW 34.05.328 (5)[(b)](vii).

June 2, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 04-16-064, filed 7/30/04, effective 8/30/04)

WAC 388-542-0010   Purpose and scope of SCHIP.   (1) The ((medical assistance administration (MAA))) department administers the state children's health insurance program (SCHIP) to provide access to:

(a) Medical care for children whose family income exceeds the limit for Medicaid eligibility but is not greater than two hundred fifty percent of the federal poverty level (FPL)((.)); and

(b) Prenatal care and medical services for a pregnant woman;

(i) Who is ineligible for Medicaid due to immigration status; and

(ii) Whose family income is at or below one hundred eighty-five percent FPL.

(2) SCHIP is authorized by Title XXI of the Social Security Act and by RCW 74.09.450.

[Statutory Authority: RCW 74.08.090, 74.09.510, 74.09.522, 74.09.450, and 2004 c 276. 04-16-064, 388-542-0010, filed 7/30/04, effective 8/30/04.]

Washington State Code Reviser's Office