WSR 98-22-101




(Aging and Adult Services Administration)

[Filed November 4, 1998, 10:42 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-03-124.

Title of Rule: WAC 388-15-650 through 388-15-662, adult day health services; WAC 388-15-650 Purpose, 388-15-651 Definitions, 388-15-652 Adult day care (COPES level I), 388-15-653 Adult day health (level II), 388-15-654 Plan of care, 388-15-655 Title XIX adult day health certification and monitoring, 388-15-656 Administration and organization, 388-15-657 Staffing, 388-15-658 Personnel requirements, 388-15-659 Facility, 388-15-660 Nonduplication of services, 388-15-661 Clients in residential care or nursing facilities care settings, and 388-15-662 Expenditures not to exceed.

Purpose: Establishes client eligibility, care levels, payment rates, and criteria for provider eligibility.

Statutory Authority for Adoption: RCW 74.39A.007 and 74.08.090.

Statute Being Implemented: RCW 74.39A.007.

Summary: These rules will establish eligibility, care levels and payment rates that will ensure appropriate health and social services for the clients receiving Medicaid services.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cheryl Allen, Aging and Adult Services Administration, 600 Woodland Square Loop S.E., Lacey, WA 98504, (360) 478-4772.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will implement the goals and objectives outlined in RCW 74.39A.007 and 74.39A.030 by offering a balanced array of health, social, and supportive services. Adult day health will promote individual choice, dignity, and the highest practicable level of independence while ensuring services that are the most cost-effective.

Proposal does not change existing rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Are large and small business involved? The majority of the adult day health providers impacted by these rules would be classified as nonprofit small businesses. The definition of a small business found in RCW 19.85.020 is: "Any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees."

What is the impact on business? There is no significant impact since each provider receives an adequate rate depending on the metropolitan area or county in which they are located, and the level of care that is authorized for each participant. The ability to generate revenue does not go away. The average provider can receive an average daily rate per participant of $40.43 for level II services and an average of $30.82 per participant for level I services (for as many days per week they are operating).

Are there disproportionate impacts to large and small business? There would be no disproportionate impacts as all providers receive the same level of reimbursement.

How did the department mitigate these costs? There is no disproportionate impact, therefore no costs to mitigate.

A copy of the statement may be obtained by writing to Aging and Adult Services Administration, Adult Day Health Program Manager, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 493-2545, fax (360) 438-8633.

RCW 34.05.328 applies to this rule adoption. These rules do meet the definition of significant rules and a cost benefit analysis has been prepared. To obtain a copy of the cost benefit analysis please contact the address above.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 22, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by December 11, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by December 22, 1998.

Date of Intended Adoption: January 15, 1999.

November 3, 1998

Marie Myerchin-Redifer, 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 98-23 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office