WSR 04-12-091

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 2, 2004, 11:03 a.m. ]

Subject of Possible Rule Making: WAC 388-825-210, 388-825-228, 388-825-230, 388-825-232, 388-825-234, 388-825-236, 388-825-238, 388-825-242, 388-825-248, 388-825-252, 388-825-253 (new) and 388-825-254; and related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030, 71A.12.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Implementation of CARE (comprehensive assessment reporting evaluation) for children being assessed or reassessed for Medicaid personal care (MPC) requires that rules governing family support services be revised to be consistent with MPC and CARE rules in chapters 388-71 and 388-72A WAC. These revisions must be in place by the September 1, 2004, implementation date of CARE rules governing children to prevent duplication of services between MPC and family support and ensure compliance with first use of Medicaid and misuse of respite care and MPC for childcare.

Many children receiving personal care services through MPC also receive services through the family support program. Revised rules governing MPC and CARE will clearly differentiate personal care from respite care and childcare. It is necessary that the department clarify the family support program rules to differentiate between personal care from respite care; delete Medicaid personal care and CAP (community alternatives program) waiver as family support services; clarify the purpose of family support, definitions of services, and limitations of services consistent with rules governing personal care.

Process for Developing New Rule: At a later date, the department will file a proposed rule and proposed rule-making notice for publication in the state register, invite public comments and hold a public hearing. The proposal will be sent to everyone on the mailing list to receive rule-making notices on this subject, and to anyone who requests the proposal.

If you want to be added to the mailing list, or want information about the development of this rule, please contact the persons listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Shirley Everard, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98505-5310, phone (360) 902-8448, fax (360) 902-8482, e-mail everash@dshs.wa.gov; or Linda Gil, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98505-5310, phone (360) 902-8440, fax (360) 902-8482, e-mail gill@dshs.wa.gov.

June 1, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office