WSR 99-05-077

PREPROPOSAL STATEMENT OF INQUIRY

HEALTH CARE AUTHORITY


(Basic Health Plan)

[ Filed February 17, 1999, 11:09 a.m. ]

Subject of Possible Rule Making: Revise WAC 182-25-040 and 182-25-090 (rules for enrollment and disenrollment) and create new section WAC 182-25-085 for recoupment of subsidy overpayment and assessing penalties when basic health enrollees have under-reported income.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.47.050, 70.47.060, 70.47.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 3109, passed by the 1998 legislature, revises RCW 70.47.060(9), giving the Health Care Authority (HCA) the authority to recover the amount of subsidy overpaid when enrollees have under-reported income, or to assess penalties of up to 200% of the amount of the subsidy overpayment, and requiring the adoption of rules for these sanctions. New WAC 182-25-085 will be created to implement provisions regarding recoupment and sanctions. WAC 182-25-040 and 182-25-090 will be revised to incorporate changes related to sanctions and for clarity and to remove duplication or unnecessary language, as required by Executive Order 97-02.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies regulate this subject. However, rules will be revised and new rules drafted with input from the Social Security Administration and from other state agencies, such as the Department of Social and Health Services and Department of Health.

Process for Developing New Rule: Stakeholder mailings and public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rosanne Reynolds (L3), Basic Health Plan, P.O. Box 42683, Olympia, WA 98504-2683, phone (360) 923-2948, fax (360) 412-4276.

February 17, 1999

Elin S. Meyer

Rules Coordinator

© Washington State Code Reviser's Office