Date Adopted: December 4, 2003.

     Purpose: Amending WAC 388-71-0465 Are there waiting lists for home and community program (HCP) services?, to:

•	Create a waiting list in accordance with caseload limits, as determined by legislative funding; and
•	Determine rank and priority of waiting list for nursing home residents and clients living in the community.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-71-0465.

     Statutory Authority for Adoption: RCW 74.39.041.

     Other Authority: ESSB 5404 (section 206(9), chapter 25, Laws of 2003 1st sp.s.).

      Adopted under notice filed as WSR 03-20-104 on September 30, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Effective Date of Rule: Thirty-one days after filing.

December 4, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) COPES waiver services, the department will create a waiting list ((may be created if:

     (a) The caseload or expenditures exceed the legislative funding, or

     (b) The federal Centers for Medicare and Medicaid Services (CMS) or the legislature imposes)) in accordance with caseload limits determined by legislative funding. Wait listed clients will gain access in the following manner:

     (a) Nursing home residents wanting COPES waiver services will be ranked first on the wait list by date of application for services; and

     (b) After nursing home residents are ranked, clients living in the community with a higher level of need as determined by the department's comprehensive assessment will be ranked higher on the wait list over clients with a lower level of need; and

     (c) As between two or more clients in the community with equal need levels, clients with earlier applications for services will have priority over later applications for services.

     (2) MPC, there is no waiting list. Note: Instead of waiting lists, the department may be required to revise HCP rules to reduce caseload size, hours, rates, or payments in order to stay within the legislative appropriation.

     (3) For Medically Needy Residential waiver, the department will create a waiting list in accordance with caseload limits determined by legislative funding. Wait listed clients will ((be ranked)) gain access in the following manner:

     (a) Nursing home residents wanting MN waiver services will be ranked first on the wait list by date of application for services; and

     (b) After nursing home residents are ranked, clients living in the community with a higher level of need as determined by the ((comprehensive)) department's comprehensive assessment will be ranked higher on the wait list over clients with lower level of need; and

     (c) As between two or more clients in the community with equal need levels, clients with earlier applications for services will have priority over later applications for services.

[Statutory Authority: 2001 c 269, RCW 74.09.700, 74.08.090, 74.04.050, 74.09.575 and chapter 74.39 RCW. 03-13-052, § 388-71-0465, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 74.39.010, 74.39A.120. 00-04-056, § 388-71-0465, filed 1/28/00, effective 2/28/00.]