HCA Current Rule Making Activity

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Rule Making Activity

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Understanding Rules

HCA and its programs - Basic Health, Community Health Services, Medicaid, Public Employees Benefits Board (PEBB), and Washington Health Program - are governed by laws passed by the Washington State Legislature and codified in the Revised Code of Washington (RCW), and by rules adopted by HCA and codified in the Washington Administrative Code (WAC). The rules adopted by HCA add details to the laws passed by the Legislature. These rules are published by the Office of the Code Reviser.

The rule making process allows the public to comment on proposed rules prior to their adoption.

  • The "Preproposal Statement of Inquiry" tells you that HCA may consider adopting rules on a topic and provides contact information if you want to participate in developing the rule. The Preproposal is published on form CR-101.
  • The "Proposed Rule Making" notice tells you what rule amendments HCA is currently proposing and how you can comment on them. It includes the rule text that is being proposed and the time and place of the public hearing. The Proposal is published on form CR-102.
  • The "Rule Making Order" tells you what rule amendments or new rules HCA has adopted recently. This includes emergency rule adoptions. A copy of the adopted rule is attached to this form. The Order is published on form CR-103.

To comment on a proposed rule either in the preproposal or proposed rule-making phase, please contact the person whose name is shown in the text document.

Existing HCA Laws and Rules

Basic Health Class Action Lawsuit Information

A class action lawsuit against the Health Care Authority was recently filed regarding the March 1, 2011 disenrollment of Basic Health members not lawfully present in the United States. On September 28, the United States District Court for the Western District of Washington issued a preliminary injunction ordering Basic Health to offer re-enrollment to approximately 11,000 members in two classes, the Equal Protection Class and the Due Process Class.

There are approximately 1,500 members that fall into the Equal Protection Class. These are the members that provided some documentation that they are lawfully present in the United States, but did not meet the 5-years required to receive services.

The remaining members fall into the Due Process class. The judge said Basic Health did not give them sufficient notice about the reason for their disenrollment, how to provide documentation of immigration status, and their appeal rights.

Basic Health sent notification to the affected members informing them of the proposed settlement. On March 6, 2014 the court granted a motion for final settlement, and on July 8, 2014 the case was dismissed on the grounds that the remaining issues were moot.