Public Employees Benefits Board rulemaking

The agency is repealing WAC 182-538D-0262, which requires behavioral health administrative agencies to maintain a behavioral health ombuds office for Medicaid managed care enrollees. This service will be replaced by a new statewide ombuds program established under Chapter 71.40 RCW, which takes effect October 1, 2022.

HCA is amending WAC 182-501-0135 to: (a) change the time period in which a client may request an administrative hearing from 90 days to 120 days, (b) state that HCA may determine on a case-by-case basis that a client may obtain certain prescription items at any pharmacy, and (c) add that HCA may remove a client from PRC placement if the client has successfully stabilized due to the utilization of treatment medications, including but not limited to, Buprenorphine.

HCA is amending this rule to explain how HCA updates the state-only composite rate and to clarify language throughout.

The agency is amending WAC 182-526-0030 to update the Board of Appeals’ website address. The agency is amending WAC 182-526-0580 to specify the acceptable filing methods for a written review request of an initial order.

To fix erroneous cross-reference in subsection (1)(c) and align the titles of the applied behavior analysis (ABA) professionals in (1)(c)(i)-(iii) with those listed in WAC 182-531A-0800.

The Health Care Authority (HCA) is amending WAC 182-502-0110 to add that for long-term civil commitments, if Medicare and Medicaid cover the service, HCA pays the greater of Medicare or Medicaid’s allowed amount, minus what Medicare paid.

The agency is making housekeeping changes only. WAC 182-503-0060(2) contains cross-references to WAC 182-503-0005(2) which need to be changed to WAC 182-503-0005(8). The agency will also edit the rule to replace instances of “WAH” with “apple health.

The agency is considering amending procedural rules applicable to adjudicative proceedings to permit the use of electronic means to file and serve documents and conduct and attend hearings.

The agency is amending WAC 182-526-0195 to change subsection (4) to specify that the administrative law judge has discretion to grant or deny an agency request for a prehearing conference.

The agency is revising this section to remove the information regarding telemedicine and add a cross reference to new rules that the agency is developing for audio-only telemedicine, in alignment with ESSB 1196. The new audio-only rules will reside in new section WAC 182-501-0300 and is being developed under a different rulemaking filed under WSR 21-15-065. The agency is removing this information from various chapters in Title 182 and creating this one-stop shop rule for audio-only telemedicine.