WSR 14-12-076

PROPOSED RULES

[Filed June 3, 2014, 9:12 a.m.]

Preproposal statement of inquiry was filed as WSR 13-19-067, 13-15-122, 13-15-121 and 12-08-063.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-406-0005, 388-406-0035, 388-406-0045, 388-418-0005, 388-424-0010, 388-424-0015, 388-436-0030, 388-450-0015, 388-450-0025, 388-450-0040, 388-450-0156, 388-450-0170, 388-472-0005, and 388-473-0010.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on July 22, 2014, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 23, 2014.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 22, 2014.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 8, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division is proposing amendments via the regular rule-making process to the above referenced fourteen WACs. The department is proposing amendments to remove medical references, support the creation of the housing and essential needs (HEN) referral program, and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA).

Reasons Supporting Proposal: Proposed amendments are currently in effect via emergency adoption (WSR 14-10-042 filed on April 30, 2014). WAC 388-406-0055 and 388-450-0162 that are in effect via the emergency filing, are not included in this rule filing as they are part of other permanent rule filings.

2E2SHB 1738, Laws of 2011, designated the health care authority (HCA) as the single state agency responsible for the administration and supervision of Washington's medical assistance programs. HCA recodified medical assistance program rules to Title 182 WAC. Accordingly, the department must eliminate corresponding rules and medical references under Title 388 WAC. Proposed amendments also support the creation of the new HEN referral program created under SHB 2069 and to remove references related to ADATSA. The legislature did not appropriate funds for ADATSA in the new biennium budget. ADATSA-related medical care services recipients will be medicaid eligible under the Affordable Care Act effective January 1, 2014. Additional amendments spell out the acronym, ABD, identifying it as the aged, blind, or disabled program.

Statutory Authority for Adoption: SHB 2069, Laws of 2013; 2E2SHB 1738, chapter 15, Laws of 2011; the 2013 biennial budget and RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.62.030, 41.05.021, 74.09.035, and 74.09.530.

Statute Being Implemented: SHB 2069, Laws of 2013; 2E2SHB 1738, chapter 15, Laws of 2011; the 2013 biennial budget.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Erik Peterson, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4622.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rule amendments do not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

May 29, 2014

Katherine I. Vasquez

Rules Coordinator