WSR 16-22-069

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed November 1, 2016, 10:46 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-09-047.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-105-0005 The daily medicaid payment rates for clients assessed using the comprehensive assessment reporting evaluation (CARE) tool and who reside in adult family homes (AFH) and assisted living facilities contracted to provide assisted living (AL), adult residential care (ARC), and enhanced adult residential care (EARC) services.

Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on December 6, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 7, 2016.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., December 6, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by November 22, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The daily medicaid payment rates are changing per collective bargaining and the fiscal year 2017 (FY17) state budget. The WAC language is merely a record of the rates being paid. This rule change will not change the actual rates.

Reasons Supporting Proposal: This change is necessary to ensure that the public record is accurate.

Statutory Authority for Adoption: RCW 74.39A.030.

Statute Being Implemented: 2ESHB 2376 (FY17 budget) and collective bargaining agreement.

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

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting: Elizabeth Pashley, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2270; Implementation and Enforcement: Peter Graham, 4450 10th Avenue S.E., Lacey, WA 98503, (360) 725-2499.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule change is adjusting rates pursuant to legislative standards. Exemption: RCW 34.05.310 (4)(f).

A cost-benefit analysis is not required under RCW 34.05.328. The rule change is adjusting rates pursuant to legislative standards. Exemption: RCW 34.05.328 (5)(b)(vi).

October 24, 2016

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION (Amending WSR 16-05-028, filed 2/9/16, effective 3/11/16)

WAC 388-105-0005 The daily medicaid payment rates for clients who have been assessed using the ((comprehensive assessment reporting evaluation (CARE))) CARE tool and ((that)) reside ((in adult family homes (AFH) and)) at an AFH or assisted living ((facilities)) facility contracted to provide ((assisted living (AL), adult residential care (ARC), and enhanced adult residential care (EARC))) AL, ARC, or EARC services.

For contracted ((AFH)) adult family homes (AFH) and assisted living facilities contracted to provide ((AL, ARC, and EARC)) assisted living (AL), adult residential care (ARC), or enhanced adult residentical care (EARC) services, the department pays the following daily rates for ((care of a)) medicaid residents who have been assessed using the comprehensive assessment reporting evaluation (CARE) tool:


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
KING COUNTY
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$67.22	$72.64	$47.67	$47.67	(($49.97)) $52.47
A Med	$72.74	$78.16	$54.03	$54.03	(($56.53)) $59.36
A High	$81.57	$86.99	$59.30	$59.30	(($63.11)) $66.27

B Low	$67.22	$72.64	$47.67	$47.67	(($50.21)) $52.72
B Med	$74.96	$80.39	$60.39	$60.39	(($63.41)) $66.58
B Med-High	$84.83	$90.25	$64.19	$64.19	(($67.85)) $71.24
B High	$89.28	$94.70	$73.31	$73.31	(($77.40)) $81.27

C Low	$72.74	$78.16	$54.03	$54.03	(($56.53)) $59.36
C Med	$81.57	$86.99	$67.70	$67.70	(($71.84)) $75.43
C Med-High	$101.43	$106.85	$90.09	$90.09	(($93.72)) $98.41
C High	$102.44	$107.86	$90.95	$90.95	(($95.01)) $99.76

D Low	$74.96	$80.38	$72.87	$72.87	(($73.21)) $76.87
D Med	$83.23	$88.65	$84.35	$84.35	(($89.32)) $93.79
D Med-High	$107.49	$112.91	$107.13	$107.13	(($107.23)) $112.59
D High	$115.79	$121.21	$115.79	$115.79	(($121.91)) $128.01

E Med	$139.84	$145.26	$139.84	$139.84	(($147.04)) $154.39
E High	$163.89	$169.31	$163.89	$163.89	(($172.19)) $180.80


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
METROPOLITAN COUNTIES*
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$61.69	$66.61	$47.67	$47.67	(($49.97)) $52.47
A Med	$65.02	$69.94	$51.91	$51.91	(($54.34)) $57.06
A High	$79.37	$84.29	$56.56	$56.56	(($59.81)) $62.80

B Low	$61.69	$66.61	$47.67	$47.67	(($50.21)) $52.72
B Med	$70.52	$75.44	$57.22	$57.22	(($60.10)) $63.11
B Med-High	$79.83	$84.75	$60.81	$60.81	(($64.37)) $67.59
B High	$87.07	$91.99	$71.25	$71.25	(($75.24)) $79.00

C Low	$65.02	$69.94	$52.12	$52.12	(($54.74)) $57.48
C Med	$79.37	$84.29	$66.84	$66.84	(($70.12)) $73.63
C Med-High	$98.10	$103.02	$83.73	$83.73	(($87.17)) $91.53
C High	$99.09	$104.01	$89.04	$89.04	(($92.41)) $97.03

D Low	$70.52	$75.44	$71.87	$71.87	(($71.62)) $75.20
D Med	$80.98	$85.90	$82.67	$82.67	(($86.95)) $91.30
D Med-High	$103.98	$108.90	$104.50	$104.50	(($103.99)) $109.19
D High	$112.63	$117.55	$112.63	$112.63	(($117.98)) 123.88

E Med	$135.52	$140.44	$135.52	$135.52	(($141.91)) $149.01
E High	$158.40	$163.32	$158.40	$158.40	(($165.84)) $174.13

*Benton, Clark, Franklin, Island, Kitsap, Pierce, Snohomish, Spokane, Thurston, Whatcom, and Yakima counties.


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
NONMETROPOLITAN COUNTIES**
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$60.61	$65.85	$47.67	$47.67	(($49.97)) $52.47
A Med	$65.02	$70.26	$50.86	$50.86	(($53.26)) $55.92
A High	$79.37	$84.61	$55.66	$55.66	(($58.73)) $61.67

B Low	$60.61	$65.85	$47.67	$47.67	(($50.21)) $52.72
B Med	$70.52	$75.76	$56.16	$56.16	(($59.01)) $61.96
B Med-High	$79.83	$85.07	$59.68	$59.68	(($63.13)) $66.29
B High	$87.07	$92.31	$67.41	$67.41	(($71.23)) $74.79

C Low	$65.02	$70.26	$50.86	$50.86	(($53.26)) $55.92
C Med	$79.37	$84.61	$63.20	$63.20	(($67.48)) $70.85
C Med-High	$98.10	$103.34	$80.54	$80.54	(($83.90)) $88.10
C High	$99.09	$104.33	$84.18	$84.18	(($87.47)) $91.84

D Low	$70.52	$75.76	$67.96	$67.96	(($67.80)) $71.19
D Med	$80.98	$86.22	$78.17	$78.17	(($82.29)) $86.40
D Med-High	$103.98	$109.22	$98.79	$98.79	(($98.41)) $103.33
D High	$106.48	$111.72	$106.48	$106.48	(($111.62)) $117.20

E Med	$128.11	$133.35	$128.11	$128.11	(($134.23)) $140.94
E High	$149.75	$154.99	$149.75	$149.75	(($156.86)) $164.70

** Nonmetropolitan counties: Adams, Asotin, Chelan, Clallam, Columbia, Cowlitz, Douglas, Ferry, Garfield, Grant, Grays Harbor, Jefferson, Kittitas, Klickitat, Lewis, Lincoln, Mason, Okanogan, Pacific, Pend Orielle, San Juan, Skagit, Skamania, Stevens, Wahkiakum, Walla Walla and Whitman.

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.