WSR 11-05-082



(Medicaid Purchasing Administration)

[ Filed February 15, 2011, 11:11 a.m. ]

     Subject of Possible Rule Making: WAC 388-501-0180 through 388-501-0184.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.057, 74.08.090, and 74.09.510.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

     •     Amend WACs to comply with Section 6505 of the Affordable Care Act of 2010, which prohibits state medicaid agencies from making payments to institutions or entities located outside of the United States for healthcare services furnished to medical assistance clients out-of-country. Clarify that payment to providers who have furnished such services may be made to financial institutions or entities located within the United States.

     •     Correct subsections (3) and (4) of WAC 388-501-0184 to read as follows: "For those medical assistance clients identified in subsection (2) of this section, ...."

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Coordination with the Centers for Medicare and Medicaid Services (CMS) is accomplished through the state plan amendment (SPA) process.

     Process for Developing New Rule: Inform providers and other stakeholders of the change(s) in federal law. These policy changes are final. The department has to implement them or risk loss of federal matching funds. Implementation requires the department to submit an SPA and make necessary changes to WAC. 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 Jason Crabbe, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1346, fax (360) 586-9727, TTY 1-800-848-5429, e-mail

February 11, 2011

Katherine I. Vasquez

Rules Coordinator

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