WSR 08-03-073



(Health and Recovery Services Administration)

[ Filed January 14, 2008, 3:26 p.m. ]

     Subject of Possible Rule Making: The department is amending WAC 388-501-0100 Subrogation.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: 42 U.S.C. §§ 1396a, 1396k, 1396p; chapter 43.20B RCW, RCW 74.09.180, 74.09.185, 74.08.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department extended the effective date to December 1, 2008, for recently amended rule, WAC 388-501-0100, adopted under WSR 07-23-080 and initially scheduled to take effect December 20, 2007 (see WSR 08-01-041).

     The department will adopt new subrogation rules. The new rules will be consistent with 42 U.S.C. §§ 1396a, 1396k, 1396p; chapter 43.20B RCW, RCW 74.09.180, 74.09.185, the decision of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459, and will respond to concerns raised by the Washington State Trial Lawyers Association as well as other stakeholders.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     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., Mailstop 45504, Olympia, WA 98504-5504, phone (360) 725-1306, fax (360) 586-9727, TTY 1-800-848-5429, e-mail

January 14, 2008

Stephanie E. Schiller

Rules Coordinator

© Washington State Code Reviser's Office