WSR 04-11-085

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed May 18, 2004, 4:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-060.

Title of Rule: WAC 388-71-0531 How many hours can my individual provider, agency provider, or personal aide work if I am receiving COPES, Medicaid personal care, or chore services?

Purpose: The department is repealing WAC 388-71-0531 to comply with recently enacted legislation, ESHB 2933, chapter 3, Laws of 2004. ESHB 2933 states that: "No agency or department of the state, other than the authority, may establish policies or rules governing the wages or hours of individual providers." "Authority" refers to the Home Care Quality Authority.

Statutory Authority for Adoption: ESHB 2933, (chapter 3, Laws of 2004), RCW 74.08.090 and 74.09.520.

Statute Being Implemented: ESHB 2933, (chapter 3, Laws of 2004).

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tiffany Sevruk, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2538; Implementation and Enforcement: Bill Moss, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2527.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Repealing WAC 388-71-0531 How many hours can my individual provider, agency provider, or personal aide work if I am receiving COPES, Medicaid personal care, or chore services?

Repealing WAC 388-71-0531 complies with recently enacted legislation, ESHB 2933, chapter 3, Laws of 2004. ESHB 2933 states that: "No agency or department of the state, other than the authority, may establish policies or rules governing the wages or hours of individual providers." "Authority" refers to the Home Care Quality Authority.

Proposal Changes the Following Existing Rules: The proposal would repeal WAC 388-71-0531.

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 costs will be imposed on businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule implements chapter 3, Laws of 2004, and is exempt from a cost-benefit analysis under RCW 34.05.328 (5)(b)(v), rules the content of which are explicitly and specifically dictated by statute.

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.

May 14, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3384.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-71-0531 How many hours can my individual provider, agency provider, or personal aide work if I am receiving COPES, Medicaid Personal Care, or Chore services?

Legislature Code Reviser 

Register

Washington State Code Reviser's Office