WSR 04-21-027

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed October 13, 2004, 4:21 p.m. , effective November 13, 2004 ]


Purpose: The purpose is to amend, repeal, and implement new rules for chapter 388-96 WAC, Medicaid nursing facility payment system. See below for the rules affected.

Citation of Existing Rules Affected by this Order:
WAC SECTION ACTION NEW, AMENDED, OR REPEALED REASON
WAC 388-96-117 Requiring a perjury statement signed by the contractor and no other signatures. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-217 Adding a new fine to address nonreporting of Medicaid resident income and resource changes. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-218 Editing and to comply with RCW 74.46.165 on shifting and overpayment retention. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-369 Permitting accumulation toward the Title XVI limit only from the clothing and personal incidentals allowance and other exempt income. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-372 Increasing petty cash to $1000. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-708 and 388-96-709 Unbanking and banking beds to comply with changes in chapter 74.46 RCW. Amended To implement recent legislation.
WAC 388-96-713 Identifying adjusted cost report data from calendar year 1999 will be used for July 1, 2004, rates. New To implement recent legislation
WAC 388-96-714 REPEALING - Nursing facility Medicaid rate allocations - Economic trends and conditions adjustment factors. Repeal To implement recent legislation.
WAC 388-96-723, 388-96-724, 388-96-725, 388-96-726, 388-96-730, and 388-96-731 Removing rate designation as capital/noncapital. Amended To implement recent legislation.
WAC 388-96-728 REPEALING - How will the nursing facility's "hold harmless" direct care rate be determined? Repeal To implement recent legislation.
WAC 388-96-729 REPEALING - When will the department use the "hold harmless rate" to pay for direct care services? Repeal To implement recent legislation.
WAC 388-96-732 REPEALING - How will the department determine whether its notice pursuant to WAC 388-96-724 was timely? Repeal To clarify, streamline, or reform agency procedures.
WAC 388-96-740 Adding that newly Medicaid not meeting 90% will use industry average Medicaid case mix index. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-742 Adding that a significant discrepancy exists when census is 50% or less of licensed beds. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-749 Adding that the VR rate, quartiles and percentages will not be adjusted following a July 1 rebasing. New To clarify, streamline, or reform agency procedures.
WAC 388-96-776 Amending to account for certificates of capital authorizations (CCA). Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-779 REPEALING - Exceptional therapy care -- Designated nursing facilities. Repeal To implement recent legislation.
WAC 388-96-780 REPEALING - Exceptional therapy care -- Covered Medicaid residents. Repeal To implement recent legislation.
WAC 388-96-783 Implementing CCA. New To implement recent legislation.
WAC 388-96-766 Adding that a contractor is deemed to receive notification five days from date of department notice. Amended To clarify, streamline, or reform agency procedures.
WAC 388-96-901 Revising actions not subject to administrative review. Amended To clarify, streamline, or reform agency procedures.

Statutory Authority for Adoption: RCW 74.46.431 (11) and (12) and 74.46.800 are statutory authority for all WAC sections in this proposal, except the following: RCW 74.46.431 is the authority for WAC 388-96-713; RCW 74.46.807 and 74.46.431 are the authority for WAC 388-96-783; RCW 74.46.155, 74.46.165, and 74.46.431 are the authority for WAC 388-96-218; and RCW 74.46.050, 74.46.431, and 74.46.800 are the authority for WAC 388-96-217.

Other Authority: Chapter 74.46 RCW; section 913, chapter 276, Laws of 2004; chapter 8, Laws of 2001 1st sp.s.

Adopted under notice filed as WSR 04-17-144 on August 18, 2004.

Changes Other than Editing from Proposed to Adopted Version: The department is deleting its proposed amendment to WAC 388-96-369 (1)(d).

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 2, Amended 8, Repealed 5.

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 1, Amended 10, Repealed 1.

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 2, Amended 18, Repealed 6.

Date Adopted: October 2, 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 04-22 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office