WSR 03-11-066

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed May 19, 2003, 4:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-20-017.

Title of Rule: WAC 388-71-0460 Are there limitations to HCP services I can receive?

Purpose: To describe what tasks/services cannot be authorized when a client lives with their individual provider or their personal aide, or their individual provider or personal aide lives with the client.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Statute Being Implemented: RCW 74.09.520, 74.39.005.

Summary: Describes tasks and services that cannot be authorized when a client and individual provider or personal aide live together.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sue McDonough, ADSA, 640 Woodland Square Loop, Lacey, WA 98504, (360) 725-2533.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment describes which services clients cannot receive when the individual provider or personal aide lives with the client or vice versa.

Proposal Changes the Following Existing Rules: Amends existing rule to describe which services clients cannot receive when the individual provider or personal aide lives with the client or vice versa.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the department has found that changes to these rules will not adversely affect any individual provider or small businesses.

RCW 34.05.328 applies to this rule adoption. Rules meet the definition of significant legislative rule, but department rules relating to client medical eligibility are exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii). Personal care services are considered "medical assistance" under RCW 74.09.520.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 24, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by June 17, 2003, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail swensfh@dshs.wa.gov, by 5:00 p.m. on June 24, 2003.

Date of Intended Adoption: Not sooner than June 25, 2003.

May 15, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3235.2
AMENDATORY SECTION(Amending WSR 00-04-056, filed 1/28/00, effective 2/28/00)

WAC 388-71-0460   Are there limitations to HCP services I can receive?   The following are limitations to HCP services you can receive:

(1) HCP services may not replace other available resources, both paid and unpaid.

(2) ((AASA)) ADSA published rates and program rules establish your total hours and how much the department pays toward the cost of your services.

(3) The department will ((adjust payments to a personal care provider who is doing household tasks at the same time (e.g., essential)) not pay for shopping, housework, laundry, meal preparation, ((laundry, and supervision due to impaired judgement) for:

(a))) or wood supply when you and your individual provider, agency provider, or personal aide live in the same household.

(4) The department will adjust payments to an individual provider, agency provider, or personal aide who is doing household tasks for more than one client living in the same household((; or

(b) A client in a shared living arrangement (MPC))).

[Statutory Authority: RCW 74.09.520. 00-04-056, 388-71-0460, filed 1/28/00, effective 2/28/00.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office