WSR 12-20-078




[ Filed October 3, 2012, 9:31 a.m. , effective October 5, 2012 ]

     Effective Date of Rule: October 5, 2012.

     Purpose: To establish hearing rules related to medicaid funded services to implement the requirements of 2E2SBH [2E2SHB] 1738 section 53, effective July 1, 2011, for the transition of the single state medicaid agency to the Washington health care authority.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-526-2610.

     Statutory Authority for Adoption: RCW 41.05.021.

     Other Authority: 2E2SHB 1738 section 53.

     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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: 2E2SHB 1738 section 53(10) states that the authority "shall adopt any rules it deems necessary to implement this section" dealing with hearing rights. Further, in section 130, the bill states that "this act is necessary for the immediate preservation of the public peace, health, or safety of the state government and its existing public institution, and takes effect July 1, 2011.["] Delaying this adoption could jeopardize the agency's ability to provide general hearing rules and procedures that apply to the resolution of disputes between medical assistance clients and the various medical services programs established under chapter 74.09 RCW. This emergency rule is necessary to continue the current emergency rule adopted under WSR 12-13-033 [12-13-003] while the permanent rule-making process is completed. This emergency rule does not differ from the current emergency rule. The agency filed a CR-101 under WSR 11-19-004, filed September 7, 2011, and began the permanent rule-making process. The agency withdrew WSR 11-19-004 on February 8, 2012, and refiled a CR-101 under WSR 12-05-026 on February 8, 2012. The agency conducted several stakeholder meetings, completed the internal review process, completed the external review process, filed a CR-102 under WSR 12-16-115, and held a public hearing on Tuesday, September 4, 2012. The agency is reviewing the public hearing comments and plans to file the permanent rules for an anticipated December 1, 2012, effective date.

     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 137, Amended 0, Repealed 1.

     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 137, Amended 0, Repealed 1.

     Date Adopted: September 19, 2012.

Katherine I. Vasquez

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-22 issue of the Register.