WSR 09-22-046

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed October 28, 2009, 1:58 p.m. ]

Subject of Possible Rule Making: The department is amending chapter 388-527 WAC, Estate recovery.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 42 U.S.C. 1396p (b)(1)(B)(ii), P.L. 109-171 (the Deficit Reduction Act of 2005), RCW 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is planning to amend language in chapter 388-527 WAC to:

(1) Comply with rule changes enacted under the 2008 Medicare Improvements for Patients and Providers Act which amended Section 1917 (b)(1)(B)(ii) of the Social Security Act to eliminate medicare cost-sharing expenses from estate recovery; and

(2) Incorporate language regarding long-term care partnership agreements approved under the Deficit Reduction Act of 2005.

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

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 Wendy L. Boedigheimer, Rules Program Manager, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1306, fax (360) 586-9727, TTY (800) 848-5429, e-mail boediwl@dshs.wa.gov.

October 28, 2009

Stephanie E. Vaughn

Rules Coordinator

Washington State Code Reviser's Office