WSR 05-15-096

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 15, 2005, 1:22 p.m. ]

Subject of Possible Rule Making: The Division of Developmental Disabilities (DDD) is repealing all sections of chapter 388-853 WAC, Costs of care of mentally deficient persons residing in state institutions, including WAC 388-853-010 Authority, 388-853-030 Schedule of per capita cost, 388-853-035 Exempt income, and 388-853-080 Notice and finding of responsibility -- Appeal procedure.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is repealing rules in this chapter because the subject matter in chapter 388-853 WAC is covered in chapter 388-835 WAC. The divisions no longer serve notice and finding of responsibility (NFRs') on DDD clients, because all of these clients are on Medicaid and are governed by the community services office's regulations.

Chapter 388-853 WAC is duplicated in WAC 388-835-0935 and 388-835-0940. Repealing this rule will eliminate the potential for confusion and misunderstanding.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS welcomes the public to participate in the development of these rules. Contact the person listed below with questions and suggestions, or to be placed on the mailing list to receive further rule-making notices on these rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeannie Johnson, Program Manager, DSHS, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-45310 [98504-5310], phone (360) 725-3415, fax (360) 407-0955, e-mail Gorskjt@dshs.wa.gov.

July 15, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office