WSR 05-15-146

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed July 19, 2005, 4:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-01-128.

Title of Rule and Other Identifying Information: New WAC 388-106-0047 When can the department terminate or deny long-term care services to me?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on August 25, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 24, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 23, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 19, 2005, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New rules are needed to clarify long-term care services eligibility, including denial and termination.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, 42 C.F.R. 441.302(a) 1915 c waiver rules, 42 C.F.R. 440.180.

Statute Being Implemented: RCW 74.08.090, 74.09.520, 42 C.F.R. 441.302(a) 1915 c waiver rules, 42 C.F.R. 440.180.

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

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carol Sloan, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2345.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and determined that no new costs will be imposed on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Exempt, per RCW 34.05.328 (5)(b)(vii), rules of the Department of Social and Health Services relating only to client medical or financial eligibility.

July 13, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3535.2
NEW SECTION
WAC 388-106-0047   When can the department terminate or deny long-term care services to me?   The department must deny or terminate long-term care services to you when you:

(1) Are not eligible for long-term care services;

(2) Refused to accept the long-term care services identified in your plan of care that are vital to your health, welfare and safety; or

(3) Choose to receive services in your own home where hazardous conditions jeopardize the health, safety, and welfare of you or your provider. Hazardous conditions include but are not limited to the following:

(a) Threatening, uncontrolled animals (e.g. dogs);

(b) Illegal drug use;

(c) Evidence of a methamphetamine lab;

(d) Presence of hazardous materials (e.g. exposed sewage).

(4) You or others in your place of residence demonstrate behaviors that present a likelihood of serious harm or imminent danger, as defined in RCW 71.05.020(19).

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Washington State Code Reviser's Office