HEALTH CARE AUTHORITY
[Filed May 16, 2019, 3:38 p.m.]
Preproposal statement of inquiry was filed as WSR 19-06-027.
Title of Rule and Other Identifying Information: WAC 182-526-0155 Appellant's representation in the hearing.
Hearing Location(s): On June 25, 2019, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal Room 106A, 626 8th Avenue, Olympia, WA 98504. Metered public parking is available street side around building. A map is available at https://www.hca.wa.gov/assets/program/Driving-parking-checkin-instructions.pdf or directions can be obtained by calling 360-725-1000.
Date of Intended Adoption: Not sooner than June 26, 2019.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email firstname.lastname@example.org, fax 360-586-9727, by June 25, 2019.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication relay services 711, email email@example.com, by June 21, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending this rule to allow a limited exception to the requirement that an attorney representing an appellant in a hearing must file a notice of appearance. The exception would apply to an attorney representing an appellant who was also the person that originally requested the appellant's hearing. The agency is also amending the list of people who may not represent an appellant in a hearing to include an employee of the department of children, youth, and families.
Reasons Supporting Proposal: This amendment removes a step for attorneys who request a hearing on behalf of an appellant.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Melinda Froud, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1408; Implementation and Enforcement: Kerry Breen, P.O. Box 42700, Olympia, WA 98504-2700, 360-725-9970.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. RCW 34.05.328
does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. This rule making does not impose any costs on businesses.
May 16, 2019
AMENDATORY SECTION(Amending WSR 17-23-201, filed 11/22/17, effective 12/23/17)
WAC 182-526-0155Appellant's representation in the hearing.
(1) ((An))Appellants may act as ((his or her))their own representative or may choose to have someone represent ((him or her))them including, but not limited to, a friend, relative, community advocate, attorney or paralegal.
(2) All parties, including the health care authority (HCA) and their representatives, must provide their name, address, and telephone number to the office of administrative hearings (OAH) and all other parties prior to the hearing.
(3) The administrative law judge (ALJ) may require an appellant's representative to file a written notice of appearance, limited notice of appearance, or other documentation authorizing the representative to appear on behalf of the appellant.
(4) In cases involving confidential information, the representative must file a legally sufficient signed written consent or release of information document with HCA or HCA's authorized agent.
(5) If an appellant is represented by an attorney admitted to practice law in Washington state, the attorney must file a notice of appearance or limited notice of appearance and a notice of withdrawal if the attorney stops representing the ((party))appellant before the hearing process ends.
(6) HCA allows an exception to the requirement to file a notice of appearance in subsection (5) of this section when an appellant is represented by an attorney admitted to practice law in Washington state, and that attorney originally requested the appellant's hearing under WAC 182-526-0095. If the attorney stops representing the appellant before the hearing process ends, the requirement to file a notice of withdrawal still applies.
(7) The following restrictions apply to an appellant's representative:
(a) HCA and HCA's authorized agents do not pay for an appellant's representation.
(b) OAH does not pay for an appellant's representation.
(c) The following people may not act as an appellant's representative in a hearing under this chapter:
(i) An employee of HCA;
(ii) HCA's authorized agent;
(iii) An employee of the department of social and health services (DSHS);
(iv) An employee of the department of children, youth, and families (DCYF);
(v) An employee of OAH; or
(((v)))(vi) Anyone under eighteen years of age.