04/24/1998 09:08 AM Senate HES

                                                                               
         HB 353 - ADOPTION BY REFERENCE IN REGULATIONS                         
                                                                               
BRUCE CAMPBELL, staff to Representative Pete Kelly, informed                   
committee members he prepared a committee substitute after several             
concerns were discussed by committee members at a previous meeting.            
                                                                               
SENATOR ELLIS moved to adopt SCSCSHB 353(HES), version F, as the               
working document of the committee.  There being no objection, the              
motion carried.                                                                
                                                                               
MR. CAMPBELL explained the changes made in the committee                       
substitute.  On page 1, line 11, language was added allowing this              
process to be applied when a regulation references a regulation                
adopted by another state agency.  For example, DHSS regulations                
require that child care centers meet fire marshall codes.  The fire            
marshall regulations regarding fire codes change when codes are                
updated.  Rather than require DHSS to repromulgate its regulations             
regarding fire codes in child care centers when the code is                    
updated, HB 353 will allow the new code regulations to be adopted              
by reference.  On page 3 an additional U.S. Department of Health               
and Human Services' reference document was added, entitled "The                
Relative Value Units Used in the Medicare Program for the                      
Determination of Fee Schedules."                                               
                                                                               
Number 190                                                                     
                                                                               
SENATOR LEMAN asked if Mr. Campbell decided the inclusion of                   
Amendment #1, proposed at the last meeting, was inappropriate in               
the committee substitute.                                                      
                                                                               
MR. CAMPBELL responded Amendment #1 is moving independently as SB
, and is now in the House Labor and Commerce Committee.  He                 
stated had it been included, two bills that do the same thing will             
be enacted.                                                                    
                                                                               
SENATOR GREEN asked if, when new legislation is being drafted, a               
search through the regulations to cross-reference any tangential               
connection could create a conflict.                                            
                                                                               
MR. CAMPBELL said he did not think so because regulations are not              
normally quoted in statute. If DHSS cross references the fire                  
marshall code in its regulations on child care centers, then DHSS              
should be able to amend the regulations so that it can use the                 
updated fire marshall code without re-promulgating regulations                 
which can take six months.                                                     
                                                                               
CHAIRMAN WILKEN asked the committee's wishes on HB 353.  There                 
being no motion to moved HB 353, CHAIRMAN WILKEN announced HB 353              
would be taken up again by the committee on Monday, April 27.