WSR 07-04-020

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed January 25, 2007, 3:35 p.m. ]

Subject of Possible Rule Making: WAC 388-501-0100 Subrogation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.09.185 Third party has legal liability to make payments -- State acquires rights -- Lien -- Equitable subrogation does not apply; RCW 74.08.090 Rule-making authority and enforcement.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule is being amended to further clarify the department's reimbursement policy for medical services paid on behalf of an injured client by the department when the injured client receives a settlement or judgment from a liable third party's insurer, or the injured client's own insurance.

During the course of this review, the department may identify additional changes that are required in order to improve clarity or to update policy.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services (CMS).

Process for Developing New Rule: The department invites the interested public to review and provide input on the draft language of this rule. Draft material and information about how to participate may be obtained from the department representative listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Wendy L. Boedigheimer, Rules Program Manager, 626 8th Avenue S.E., P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1306, fax (360) 586-9727, TTY 1-800-848-5429, e-mail boediwl@dshs.wa.gov.

January 25, 2007

Jim Schnellman, Chief

Office of Administrative Resources

Washington State Code Reviser's Office