EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Immediately.
Purpose: WAC 388-106-1315 clarifies a long-term care client's right to an administrative hearing:
| • | If their in-home personal care hours approved as an exception to rule are reduced or terminated; or |
| • | If their increased residential payment rate approved as an exception to rule is reduced or terminated. |
Statutory Authority for Adoption: RCW 74.08.090, chapters 74.39, 74.39A RCW.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The due process clause of the fourteenth amendment to the United States Constitution and federal statutory and regulatory requirements (42 U.S.C. 1396(a)(3) and 42 C.F.R. 431.200, et seq.) necessitate that opportunity for a fair hearing be afforded in the situations identified in the proposed rule. The department is currently out of compliance with these requirements of federal law. The proposed rule is necessary to bring the department into compliance with federal law. Because the department is out of compliance with requirements of federal law and the rule will bring the department into compliance, immediate adoption is necessary.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: May 15, 2006.
Andy Fernando, Manager
Rules and Policies Assistance Unit
3663.2(1) You receive services in your own home, and:
(a) The total number of in-home personal care hours you are currently receiving includes in-home personal care hours approved as an exception to rule in addition to the number of in-home care hours determined to be available to you by CARE; and
(b) The total number of in-home personal care hours you are currently receiving is reduced because of a reduction or termination in the number of in-home personal care hours approved as an exception to rule.
(2) You receive services in a residential facility, and:
(a) The total residential payment rate you are currently receiving includes a rate approved as an exception to rule in addition to the residential payment rate assigned to the classification group in which CARE has placed you; and
(b) The total residential payment rate you are currently receiving is reduced because of a reduction or termination in the rate approved as an exception to rule.
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