WSR 25-12-050
PERMANENT RULES
HEALTH CARE AUTHORITY
(School Employees Benefits Board)
[Admin #2025.01.01—Filed May 29, 2025, 8:10 a.m., effective July 1, 2025]
Effective Date of Rule: July 1, 2025.
Purpose: The purpose of this proposal is to make technical amendments in multiple sections within chapter 182-16 [182-32] WAC to support the school employees benefits board (SEBB) program:
Amend WAC 182-32-2040 to make a technical correction and clarify any subscriber aggrieved by a decision made by the SEBB wellness incentive program contracted vendor may appeal that decision to the SEBB program.
Amend WAC 182-32-2070 to include a statement that describes the appealing party or the appealing party's representative has read the notice of request and believes the contents of the brief adjudicative proceeding to be true and correct, and to add failure to provide documentation or reference to documentation of decisions previously rendered may result in a rejection of the item being appealed.
Amend WAC 182-32-2090 regarding a written initial order will be rendered within 10 days after the presiding officer receives the contents of the request for a brief adjudicative proceeding.
Citation of Rules Affected by this Order: Amending WAC 182-32-2040, 182-32-2070, and 182-32-2090.
Statutory Authority for Adoption: RCW 41.05.021 and 41.05.160.
Adopted under notice filed as WSR 25-09-088 on April 17, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: May 29, 2025.
Wendy Barcus
Rules Coordinator
RDS-6283.1
AMENDATORY SECTION(Amending WSR 24-15-107, filed 7/22/24, effective 1/1/25)
WAC 182-32-2040How can a subscriber appeal a decision regarding the administration of wellness incentive program requirements?
(1) Any subscriber aggrieved by a decision made by the school employees benefits board (SEBB) wellness incentive program contracted vendor regarding the completion of the wellness incentive program requirements, or request for a reasonable alternative to a wellness incentive program requirement, may appeal that decision to the ((school employees benefits board (SEBB) wellness incentive program contracted vendor))SEBB program.
(2) Any subscriber who disagrees with a decision in response to an appeal filed with the SEBB ((wellness incentive)) program ((contracted vendor)) may appeal the decision by submitting a request for a brief adjudicative proceeding to the SEBB appeals unit.
(a) The request for a brief adjudicative proceeding from a current or former school employee must be received by the SEBB appeals unit no later than 30 days after the date of the denial notice. The contents of the request for a brief adjudicative proceeding are to be provided as described in WAC 182-32-2070.
(b) The request for a brief adjudicative proceeding from a continuation coverage enrollee or school board member must be received by the SEBB appeals unit no later than 60 days after the date of the denial notice. The contents of the request for a brief adjudicative proceeding are to be provided as described in WAC 182-32-2070.
(3) The SEBB appeals unit must notify the appellant in writing when the request for a brief adjudicative proceeding has been received.
(4) The brief adjudicative proceeding will be conducted by a presiding officer designated by the director.
(5) If a subscriber fails to timely request a brief adjudicative proceeding, the decision of the SEBB wellness incentive program contracted vendor becomes the authority's final order without further action.
AMENDATORY SECTION(Amending WSR 24-15-107, filed 7/22/24, effective 1/1/25)
WAC 182-32-2070What should a written request for administrative review and a request for brief adjudicative proceeding contain?
(1) A written request for administrative review of the school employees benefits board (SEBB) organization's or employer group's decision and a request for brief adjudicative proceeding should contain the following:
(((1)))(a) The name and mailing address of the party requesting an administrative review or the brief adjudicative proceeding;
(((2)))(b) The name and mailing address of the appealing party's representative, if any;
(((3)))(c) Documentation, or reference to documentation, of decisions previously rendered through the appeal process, if any;
(((4)))(d) A statement identifying the specific portion of the decision being appealed and clarifying what is believed to be unlawful or in error;
(((5)))(e) A statement of facts in support of the appealing party's position;
(((6)))(f) Any information or documentation that the appealing party would like considered;
(((7)))(g) The type of relief sought; ((and
(8)))(h) The signature of the appealing party or the appealing party's representative; and
(i) A statement that describes the appealing party or the appealing party's representative has read the notice of request for an appeal and believes the contents to be true and correct.
(2) Failing to provide documentation, or reference to documentation, of decisions previously rendered through the appeal process as described in subsection (1)(c) of this section, may result in rejection of the item being appealed.
AMENDATORY SECTION(Amending WSR 20-16-067, filed 7/28/20, effective 8/28/20)
WAC 182-32-2090Initial order.
Unless a continuance has been granted, ((within ten days after the school employees benefits board (SEBB) appeals unit receives a request for a brief adjudicative proceeding,)) the presiding officer ((must))will render a written initial order that addresses the issue or issues raised by the appellant in their appeal within 10 days after the presiding officer receives the contents of the request for a brief adjudicative proceeding. The presiding officer must serve a copy of the initial order on all parties and the initial order must contain information on how the appellant may request review of the initial order.