WSR 03-20-103



(Aging and Disabilities Services Administration)

[ Filed September 30, 2003, 4:11 p.m. ]

Subject of Possible Rule Making: The rule making will implement new home and community-based services (HCBS) waivers from the federal Centers for Medicare and Medicaid necessary to provide services for eligible persons with developmental disabilities. New waivers replace the department's current community alternatives program (CAP) waiver.

The following chapters will be revised: Chapter 388-820 WAC, Community residential services and support; chapter 388-825 WAC, Division of developmental disabilities service rules; WAC 388-513-1301 Definitions related to long-term (LTC) services; 388-513-1315 Eligibility for long-term care (institutional, waivered, and hospice) services; and 388-515-1510 Community alternatives program (CAP) and outward bound residential alternatives (OBRA); and related rules as appropriate.

New rules will be written for implementation of the new waivers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030, 71A.12.120. Title 42 C.F.R. Part 441, Subpart G - Home and Community Based Services: Waiver Requirements.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Disabilities has applied to the Center for Medicare and Medicaid Services for new waivers which replace the current community alternatives program (CAP) waiver.

Rules will clarify eligibility, service array, utilization, and access to services. Rules are needed to ensure no interruption in services for current participants in the CAP waiver and to ensure continuation of federal matching funds.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Center for Medicare and Medicaid Services (CMS) regulates federal waivers. New rules will be submitted to CMS for inclusion with approved waivers.

Process for Developing New Rule: The Department of Social and Health Services (DSHS) welcomes public participation in developing the rules. At a later date, DSHS will file proposed rules with the Office of the Code Reviser with a notice of proposed rule making, and send a copy of the proposal to everyone currently on the mailing list and anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Chris Imhoff, DDD Waiver Program Manager, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 902-8453, fax (360) 902-8482, e-mail

September 29, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 


Washington State Code Reviser's Office