WSR 06-05-022

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 6, 2006, 4:24 p.m. , effective March 9, 2006 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is adding and amending sections within chapter 388-106 WAC, Long-term care services; amending and repealing sections within chapter 388-71 WAC, Home and community services and programs; and amending sections within chapter 388-110 WAC, Contracted residential care services. These revisions are for the purpose of updating and clarifying WACs due to recent policy changes.

Summary of Significant WAC Changes


Chapter 388-106 WAC Changes
Affected WAC Change
388-106-0010 Changed the following definitions:
• Ability to make self understood
• Activities of daily living, bed mobility
• Assistance available
• Assistance with medication management
• Categorically needy
• Decision making
• Estate recovery
• Informal support
• Institution
• Self performance for ADLs
• Self performance for IADLs
• SSI-related
• Support provided
388-106-0015 Updated WAC reference and corrected a typographical error.
388-106-0035 Clarified language on whether services are covered when client is out of state. Removed a DSHS form number that may change.
388-106-0050 Clarified when assessments occur and when an in-person assessment is not required.
388-106-0065 Removed examples of who can be present during an assessment.
388-106-0130 Added information about deduction for meal preparation, ordinary housework, and essential shopping. Included private duty nursing as a service that personal care hours can be used for.
388-106-0213 Updated age guidelines for children receiving MPC and added clarifying language.
388-106-0215 (new) Included WAC on when MPC services start.
388-106-0200, 388-106-0300, 388-106-0305, 388-106-0400, and 388-106-0500 Included criteria for how nursing services are authorized.
388-106-0705 and 388-106-0715 Removed the provisions to deem eligibility. Clarified eligibility language regarding prepaid benefits.
388-106-1303 (new) Proposed new rules on client responsibilities.
Chapter 388-71 WAC Changes
388-71-0540, 388-71-0546, 388-71-0551, 388-71-0556, and 388-71-05695 Included references to managed care entities, who will also be responsible for ensuring that individual providers are qualified and trained.
388-71-0704 Included language on what services the adult day care center must provide onsite.
388-71-0706 Included language on what services the adult day health center must provide onsite.
388-71-0210 through 388-71-0260 Repeal.
Chapter 388-110 WAC Changes
388-110-020 Updated definitions to include links to new chapter 388-106 WAC.
388-110-100 Revised the maximum number of days required for approval of social leave to eighteen days per calendar year and clarified language regarding Medicaid resident.
388-110-220 Updated definitions to include links to new chapter 388-106 WAC. Added dementia training topics. Changed definition of eating.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-71-0210, 388-71-0215, 388-71-0220, 388-71-0225, 388-71-0230, 388-71-0235, 388-71-0240, 388-71-0245, 388-71-0250, 388-71-0255, and 388-71-0260; and amending WAC 388-106-0010, 388-106-0015, 388-106-0035, 388-106-0050, 388-106-0065, 388-106-0130, 388-106-0200, 388-106-0213, 388-106-0300, 388-106-0305, 388-106-0400, 388-106-0500, 388-106-0705, 388-106-0715, 388-71-0540, 388-71-0546, 388-71-0551, 388-71-0556, 388-71-05695, 388-71-0704, 388-71-0706; 388-110-020, 388-110-100, and 388-110-220.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.

     Other Authority: RCW 74.08.090, 74.09.520, 74.39A.010, and 74.39A.020.

      Adopted under notice filed as WSR 05-23-029 on November 8, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 388-106-0010, definition of "Self performance for ADLs," removed proposed language that requires further clarification; WAC 388-106-0015(1), revised "Medical" to "Medicaid personal care (MPC)" to correct a typo; 388-106-0050(3), removed "DSHS 14-405," as this is a form number that may change; and WAC 388-106-0213(2), added "Passive" prior to "range of motion" for clarification.

     A final cost-benefit analysis is available by contacting Tiffany Sevruk, P.O. Box 45600, Olympia, WA 98504, phone (360) 725-2538, fax (360) 438-8633, e-mail sevruTA@dshs.wa.gov. The preliminary cost-benefit analysis is unchanged and will be final.

     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 0, Amended 0, 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 2, Amended 24, Repealed 11.

     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 24, Repealed 11.

     Date Adopted: February 3, 2006.

Andy Fernando, 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 06-07 issue of the Register.