Subject of Possible Rule Making: Medicaid and CHIP eligibility for Native Americans WAC 388-450-0040, 388-450-0080, 388-455-0005, 388-455-0015, 388-470-0045, 388-475-0350, 388-475-0550, and 388-475-0600.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, ARRA of 2009 (Recovery Act), Public Law 111-5, Section 5006(b); 42 C.F.R. 435.601, EEOICPA of 2000, Public Law 106-398, Sec. 1, app., Title XXXVI (October 30, 2000) (section 1 adopting as Appendix H.R. 5408), Section 3646 of the Appendix.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To implement necessary language regarding:

     (1) Exemption of certain property from resources for medicaid and children's health insurance program (CHIP) eligibility for Native Americans, as required under the American Recovery and Reinvestment Act (ARRA) of 2009 (Recovery Act); and

     (2) Payments or interest accrued on payments made under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) listed as excluded resources for SSI-related medical programs.

     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, e-mail boediwl@dshs.wa.gov, fax (360) 586-9727, TTY (800) 848-5429.

March 15, 2010

Katherine I. Vasquez

Rules Coordinator

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