WSR 09-12-089



(Health and Recovery Services Administration)

[ Filed June 1, 2009, 12:41 p.m. ]

Subject of Possible Rule Making: WAC 388-475-1000 Healthcare for workers with disabilities (HWD) -- Program description, 388-475-1150 Healthcare for workers with disabilities (HWD) -- Disability requirements, 388-475-1200 Healthcare for workers with disabilities (HWD) -- Employment requirements, and 388-475-1250 Healthcare for workers with disabilities (HWD) -- Premium payments, and possible other sections.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.08.090, 74.09.500, 74.09.510 and 74.09.540, Section 1902 (a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This adoption is necessary to comply with federal requirements regarding premium amounts to ensure continued federal financial participation and to reflect such policy contained in our medicaid state plan; to reflect the addition of HWD as an eligibility group for the home and community based services (HCBS) programs described; to incorporate the definition of the "medical improvement group"; and to update and clarify program policy and practice.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Health and recovery services administration (HRSA) will coordinate this effort with all other affected agencies, including but not limited to aging and disability services administration, economic services administration, division of vocational rehabilitation, division of disability determination services, and the Washington department of veteran[s] affairs. They will be furnished copies of all materials drafted during the process for their review, input, and comments; and will be invited to participate in meetings regarding the amendment of these rules. Whenever possible, announcements of opportunities to collaborate will be published in the Washington state register and posted on agency internet pages.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kevin Sullivan, HRSA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1344, fax (360) 586-9727, TTY 1-800-848-5429, e-mail

June 1, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office