WSR 20-07-096
[Filed March 17, 2020, 11:46 a.m.]
Subject of Possible Rule Making: Chapter 246-337 WAC, Residential treatment facility, the department of health (department) is considering rule changes to incorporate the special terms and conditions of the medicaid transformation waiver signed by the health care authority (HCA) and the federal Centers for Medicare and Medicaid regarding medication assisted treatment and care coordination in residential treatment facilities.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.12.670, 71.24.037, and 71.24.585 as amended by SSB 5380 (chapter 314, Laws of 2019).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HCA entered into an agreement with the federal Centers for Medicare and Medicaid for the 1115 Medicaid Transformation Waiver. Medicaid Transformation is an agreement with the federal government that allows the state of Washington to test new and innovative approaches to providing health coverage and care. Milestone 3 of the Special Terms and Conditions ( requires our state to implement a requirement that residential treatment facilities offer medication assisted treatment on-site or facilitate access off site. Milestone 6 of the Special Terms and Conditions requires the state to implement a requirement that managed care organizations, residential treatment providers, and outpatient providers work to develop policies and practices that enhance care coordination, including transitions between levels of care following residential treatment stays. HCA has implemented contract changes that incorporate the requirements of these two milestones and the department is required to reflect these changes in rule.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department is working closely with HCA and is utilizing the tribal consultation process to help align rule changes with contracts and established formal agreements
Process for Developing New Rule: The department will participate in collaborative rule making and will notify interested stakeholders and partners about rule development meetings and rule notices and related activities through email and on the department website. A public hearing on proposed rules will be held at a later date.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Julie Tomaro, P.O. Box 47843, Olympia, WA 98504, phone 360-236-2937, fax 360-236-2321, TTY 711, email, website
Additional comments: Interested parties can participate in the drafting of the proposed rules. The department will be conducting a rules workshop. The department will use existing GovDelivery lists and other known contact information to inform stakeholders of opportunities to provide input on proposed rule language. To find out more information about our rule making, visit and to be included on an interested parties select the "Subscribe" button at the bottom of that page.
March 13, 2020
Jessica Todorovich
Chief of Staff
for John Wiesman, DrPH, MPH