03/10/1998 03:05 PM House HES

HB 353 - REFER IN HSS REGS TO OTHER DOCUMENTS                                  
                                                                               
Number 1752                                                                    
                                                                               
CHAIRMAN BUNDE announced the next bill up for consideration was                
HB 353, "An Act relating to adoption by reference in regulations;              
and providing for an effective date."  He asked Representative                 
Kelly, the sponsor, to explain the committee substitute.                       
                                                                               
Number 1752                                                                    
                                                                               
REPRESENTATIVE PETE KELLY, Sponsor of HB 353, explained the drafter            
was of the opinion that some of the language more appropriately                
belonged in Title 44, the regulations statute, and the language                
specifically relating to the Department of Health & Social Services            
involvement would stay in Title 47.  He said that is the only                  
change in the proposed committee substitute.  He noted a concern               
had been raised regarding a potential constitutional problem with              
HB 353; however, he directed the committee's attention to a letter             
from the Attorney General which advises that it is a valid concern             
but in their opinion, it is defensible.                                        
                                                                               
Number 1849                                                                    
                                                                               
REPRESENTATIVE PORTER made a motion to adopt proposed committee                
substitute 0-LS1395\B.  There being no objection, that version was             
before the committee.                                                          
                                                                               
Number 1886                                                                    
                                                                               
REPRESENTATIVE KELLY said the Department of Health & Social                    
Services, with its Medicaid billing, is presented with a problem in            
that Medicaid and other medical federal regulations change rapidly             
and constantly.  Each time a billing code changes, the department              
is required to promulgate regulations based on those codes.  House             
Bill 353 allows the department to adopt by reference to the federal            
regulations without having to go through the expensive and time-               
consuming promulgation process.                                                
                                                                               
Number 2012                                                                    
                                                                               
REPRESENTATIVE PORTER made a motion to move CSHB 353(HES) from                 
committee.  There being no objection, CSHB 353(HES) moved from the             
House Health, Education and Social Services Standing Committee.