WSR 03-06-093

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed March 4, 2003, 3:58 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-009.

Title of Rule: Repeal of WAC 388-71-0475 What is the maximum amount that the department pays per month for your COPES care?

Purpose: Repeal of WAC 388-71-0475 will clarify that home and community residential care rates are codified at chapter 388-105 WAC or published in accordance with WAC 388-71-0460.

Statutory Authority for Adoption: Chapter 74.39 RCW.

Statute Being Implemented: Chapter 74.39 RCW.

Summary: By repealing WAC 388-71-0475 the department clarifies that its home and community residential care rates are codified at chapter 388-105 WAC or published in accordance with WAC 388-71-0460. Further, the codified rates in chapter 388-105 WAC and the published rates are the maximum amount that the department pays per month for an individual Medicaid resident's care.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patricia Hague, 640 Woodland Square Loop S.E., Lacey, WA 98503, (360) 725-2447.

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: By repealing WAC 388-71-0475 the department clarifies that its home and community residential care rates are codified at chapter 388-105 WAC or published in accordance with WAC 388-71-0460. Further, the codified rates in chapter 388-105 WAC and the published rates are the maximum amount that the department pays per month for an individual Medicaid resident's care.

Proposal Changes the Following Existing Rules: Repeals an existing rule, WAC 388-71-0475.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for "rules relating to internal governmental operations that are not subject to violation by a nongovernmental party," per RCW 19.85.025 and 34.05.310(4).

RCW 34.05.328 does not apply to this rule adoption. The rule being repealed is not a significant legislative rule. The rule is interpretative according to RCW 34.05.328 (5)(c)(ii).

The rule is an interpretative statement pertaining to the COPES waiver agreement between the federal government and the agency on the payment of federal financial participation. The rule is "interpretive" because violation of the rule does not subject a person to a penalty or sanction.

Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503, on April 8, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by 5:00 p.m., April 4, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernaAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Rules Coordinator, Department of Social and Health Services, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail FernaAX@dshs.wa.gov by 5:00 p.m., April 8, 2003.

Date of Intended Adoption: Not earlier than April 9, 2003.

February 25, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3019.8
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-71-0475 What is the maximum amount that the department pays per month for your COPES care?

Legislature Code Reviser 

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Washington State Code Reviser's Office