WSR 04-10-062

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed April 30, 2004, 2:33 p.m. , effective May 1, 2004 ]

Date of Adoption: April 27, 2004.

Purpose: Amending chapters 388-71 WAC, Home and community services and programs; chapter 388-72A WAC, Comprehensive assessment reporting evaluation (CARE) tool; and adding a new section to chapter 388-515 WAC, Alternative living--Institutional medical, to establish the medically needy (MN) in-home waiver program. The department is adopting rules to establish eligibility criteria, applicable income standards, specific waiver services, and amending other sections as needed.

Citation of Existing Rules Affected by this Order: Amending WAC 388-71-0194, 388-71-0202, 388-71-0405, 388-71-0410, 388-71-0415, 388-71-0420, 388-71-0425, 388-71-0440, 388-71-0465, 388-71-0470, 388-71-0480, 388-71-0510, 388-71-05665, 388-71-0700, 388-71-0708, 388-71-0915, 388-71-0960, 388-71-1105, 388-72A-0060, 388-72A-0065, and 388-72A-0100.

Statutory Authority for Adoption: ESHB 2459, section 206 (6)(b), chapter 276, Laws of 2004; RCW 74.09.700, 74.09.575.

Other Authority: Townsend v. DSHS, United States District Court, Western District of Washington, No. C 00-0944Z.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Adoption of emergency rules are necessary to comply with ESHB 2459, section 206 (6)(b), chapter 276, Laws of 2004, and United States District Court, Western District of Washington, No. C 00-0944Z, stipulated agreement and order staying proceedings, requiring the implementation of an in-home medically needy Medicaid waiver program.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 21, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 21, Repealed 0.
Effective Date of Rule: May 1, 2004.

April 27, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-11 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office