PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Continuance of WSR 00-17-095.
Preproposal statement of inquiry was filed as WSR 00-01-155.
Title of Rule: Repealing WAC 388-87-060 Payment -- Extended care patient -- Coinsurance and new section WAC 388-517-0400 Medicare coinsurance payment -- Extended care patient.
Purpose: To make the rule consistent with current and federal and state policy, to meet the clear-writing standards required by Governor's Executive Order 97-02, and to move the rule out of chapter 388-86 WAC, which is being phased out by MAA.
Statutory Authority for Adoption: RCW 74.04.050, 74.08.090, and 74.09.055.
Statute Being Implemented: RCW 74.04.050, 74.08.090, and 74.09.055.
Summary: See Purpose above.
Reasons Supporting Proposal: The original proposal notice (CR-102) did not mention that the policy in the proposed rule is changed from that of the current rule. The proposed rule reflects long-standing MAA policy.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kevin Sullivan, 925 Plum Street, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1344.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: The proposal reflects MAA copayment procedures that have been in place since 1990. The current rule reflects pre-1990 procedures that were in place prior to the passage of the federal Medicare Catastrophic Act of 1988.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply to client medical or financial eligibility.
Hearing Location: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 6, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by January 31, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by February 6, 2001.
Date of Intended Adoption: Not before February 7, 2001.
December 28, 2000
Charles Hunter, Director
Administrative Services Division
2815.1(1) Client is eligible for extended care Medicare benefits;
(2) Client is eligible for Medicaid, qualified Medicare beneficiary (QMB) program, or the special low-income Medicare beneficiary (SLMB) program; and
(3) Medicare coinsurance costs less than the Medicaid nursing facility rate.
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The following section of the Washington Administrative Code is repealed:
| WAC 388-87-060 | Payment -- Extended care patient -- Coinsurance. |