WSR 04-10-101

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed May 4, 2004, 3:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-192.

Title of Rule: Amending chapter 388-71 WAC, Home and community services and programs; chapter 388-72A WAC, Comprehensive assessment reporting evaluation (CARE) tool; and chapter 388-515 WAC, Alternate living--Institutional medical.

Purpose: In establishing the medically needy (MN) in-home waiver program, the department will adopt rules to establish eligibility criteria, applicable income standards, and amending other sections as needed.

Statutory Authority for Adoption: RCW 74.09.700, 74.08.090, 74.04.050, 74.39A.030, and 74.09.575.

Statute Being Implemented: RCW 74.09.700, 74.39A.030, ESHB 2459, section 206 (6)(b), chapter 276, Laws of 2004.

Summary: See Purpose above.

Reasons Supporting Proposal: MN in-home waiver program rules are proposed to comply with ESHB 2459, chapter 276, Laws of 2004. Section 206 (6)(b), authorizes a waiver program to include coverage for in-home care.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Marrianne Backous/Sue Poltl, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2535/902-8474.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal court decision, Townsend v. DSHS, U.S. District Court, Western District of Washington, No. C 00-0944Z, Stipulated Agreement and Order.

Explanation of Rule, its Purpose, and Anticipated Effects: Amending chapter 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, Alternate living--Institutional medical.

In establishing the medically needy (MN) in-home waiver program, the department will adopt rules to establish eligibility criteria, applicable income standards, and amending other sections as needed.

Proposal Changes the Following Existing Rules: Existing rules are amended to incorporate the medically needy (MN) in-home waiver program.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the rules and concluded that no new cost will be imposed on businesses.

RCW 34.05.328 does not apply to this rule adoption. Establishing the medically needy in-home waiver program is specifically dictated by the legislature in section 206(6), chapter 276, Laws of 2004, and rules concerning this program are exempt under RCW 34.05.328 (5)(b)(v). Other rules in this proposal establish client medical or financial eligibility for in-home care services, and are exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 22, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 18, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., June 22, 2004.

Date of Intended Adoption: Not earlier than June 23, 2004.

April 30, 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