WSR 07-07-102



(Health and Recovery Services Administration)

[ Filed March 19, 2007, 2:05 p.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under WSR 06-22-093.

     Title of Rule and Other Identifying Information: WAC 388-532-050, 388-532-100, 388-532-110, 388-532-120, 388-532-520, 388-532-530, 388-532-700, 388-532-710, 388-532-720, 388-532-730, 388-532-740, 388-532-745, 388-532-750, 388-532-760, 388-532-780 and 388-532-790, reproductive health/family planning only/TAKE CHARGE.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at or by calling (360) 664-6097), on May 8, 2007, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 9, 2007.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5:00 p.m. on May 8, 2007.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by May 4, 2007, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions:

Allow an annual comprehensive family planning preventive medicine visit for any Medicaid client who is seeking and needing family planning;
Clarify who is eligible for family planning only and TAKE CHARGE;
Clarify when services are covered under family planning only and TAKE CHARGE;
Clarify which services are covered under TAKE CHARGE;
Clarify documentation requirements for TAKE CHARGE; and
Clarify when TAKE CHARGE providers are exempt from billing third party.

     Reasons Supporting Proposal: Revisions to this rule are necessary in order to bring the program into compliance with special terms and conditions of the new family planning/TAKE CHARGE waiver set forth by the Centers for Medicare and Medicaid Services (CMS) for the state of Washington. Adoption of the revisions is critical to prevent loss of 90% federal match funds for the family planning/TAKE CHARGE program.

     Statutory Authority for Adoption: RCW 74.08.090 and 74.09.800.

     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: Wendy L. Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Maureen Considine, P.O. Box 5530 [45530], Olympia, WA 98504-5530, (360) 725-1652.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     SUMMARY OF PROPOSED RULES: The department is proposing to amend chapter 388-532 WAC to reflect the changes imposed upon the TAKE CHARGE family planning program under the special terms and conditions of the federal waiver renewal. Implementation of these changes also minimally affects the reproductive health and family planning only programs as well.

     SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS): Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses and outlines the information that must be included in an SBEIS.

     Preparation of an SBEIS is required when a proposed rule has the potential of placing "a more than minor economic impact" on small businesses.

     While this rule change does impose increased costs or administrative burdens on providers, the department has taken this into consideration and increased reimbursement to compensate for the increased eligibility requirements imposed upon this program from the federal Centers for Medicare and Medicaid Services (CMS).

     A copy of the statement may be obtained by contacting Maureen Considine, FP/TAKE CHARGE Program Manager, P.O. Box 45530, Olympia, WA 98504-5530, phone (360) 725-1652, e-mail

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Maureen Considine, FP/TAKE CHARGE Program Manager, P.O. Box 45530, Olympia, WA 98504-5530, phone (360) 725-1652, e-mail

March 12, 2007

Jim Schnellman, Chief

Office of Administrative Resources

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 07-08 issue of the Register.

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