WSR 11-10-032

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed April 27, 2011, 9:43 a.m. , effective April 28, 2011 ]


Effective Date of Rule: April 28, 2011.

Purpose: Upon order of the governor, the medicaid purchasing administration (MPA) must reduce its budget expenditures for the current fiscal year ending June 30, 2011, by 6.3 percent. To achieve this expenditure reduction, MPA is eliminating the following optional medical service(s): School-based healthcare services.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-537-0100, 388-537-0200, 388-537-0300, 388-537-0350, 388-537-0400, 388-537-0500, 388-537-0600, 388-537-0700, and 388-537-0800.

Statutory Authority for Adoption: RCW 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: Governor Gregoire issued Executive Order 10-04 on September 13, 2010, under the authority of RCW 43.88.110(7). In the executive order, the governor required DSHS and all other state agencies to reduce their expenditures in state fiscal year 2011 by approximately 6.3 percent. As a consequence of the executive order, funding for school-based medical services was eliminated as of January 1, 2011. Delaying the adoption of these cuts to optional services could jeopardize the state's ability to maintain the mandatory medicaid services for the majority of DSHS clients. MPA has filed a CR-101 under WSR 10-20-160 to begin the permanent rule making and anticipates filing the CR-102 in May 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 9.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 9.

Date Adopted: April 19, 2011.

Katherine I. Vasquez

Rules Coordinator

4250.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-537-0100 School-based healthcare services for children in special education -- Purpose.
WAC 388-537-0200 School-based healthcare services for children in special education -- Definitions.
WAC 388-537-0300 School-based healthcare services for children in special education -- Client eligibility.
WAC 388-537-0350 School-based healthcare services for children in special education -- Provider qualifications.
WAC 388-537-0400 School-based healthcare services for children in special education -- Covered services.
WAC 388-537-0500 School-based healthcare services for children in special education -- Noncovered services.
WAC 388-537-0600 School-based healthcare services for children in special education -- School district requirements for billing and payment.
WAC 388-537-0700 School-based healthcare services for children in special education -- School district documentation requirements.
WAC 388-537-0800 School-based healthcare services for children in special education -- Program monitoring/audits.

Washington State Code Reviser's Office