WSR 01-11-095

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services)

(Medical Assistance Administration)

[ Filed May 18, 2001, 3:54 p.m. ]

Subject of Possible Rule Making: Adopt rules within chapters 388-71 and 388-515 WAC to establish the medically needy (MN) waiver program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: SHB 1341 (to be codified in RCW 74.09.700 and chapter 74.39 RCW), RCW 74.08.090, 74.04.050, and 74.09.575.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 1341 authorizes DSHS to develop a new waiver program for individuals in need of long-term care services in the community. The legislation specifically requires the department to adopt rules to establish eligibility criteria, applicable income standards, and the specific waiver services to be provided. This program will allow people to get needed care while living in their own homes or in residential care facilities instead of forcing a move to a nursing facility solely because their income goes above the COPES (community options program entry system) standard of 300% FBR.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: HCFA; Aging and Adult Services (AASA) maintains the programs for long-term care and waivered services. Coordination of this rule has been completed through a workgroup consisting of members from AASA, Medical Assistance Administration (MAA), State Unit on Aging, and Quality Assurance.

Process for Developing New Rule: AASA and MAA will provide draft language before publishing rules and encourages stakeholders to submit written or verbal comments. When AASA and MAA files a notice of proposed rule making, we will notify interested parties of the scheduled hearing to adopt rules and how to submit comments. Draft material and information about how to participate are available by contacting the DSHS representatives identified below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary Beth Ingram, Medical Assistance Administration, Brooke Buckingham, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2530, fax (360) 438-8633, e-mail buckibe@dshs.wa.gov.

May 17, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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