WSR 15-07-007

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 6, 2015, 3:02 p.m.]

Subject of Possible Rule Making: The department plans to adopt WAC 388-825-145 and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 General authority of secretary—Rule adoption; 42 C.F.R. §431.232(d); RCW 74.08.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Federal regulation 42 C.F.R. §431.232(d) does not allow medicaid benefits to continue at their previous level following an evidentiary hearing decision to reduce or terminate those benefits. An emergency rule was filed to align developmental disability administration rules with federal law on this issue. This filing seeks to adopt the emergency rule as a permanent rule.

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 Alan McMullen, Developmental Disabilities Administration, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail alan.mcmullen@dshs.wa.gov.

March 6, 2015

Katherine I. Vasquez

Rules Coordinator