WSR 05-17-135

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 19, 2005, 4:06 p.m. , effective September 19, 2005 ]


Purpose: The Division of Developmental Disabilities has received approval from the federal Centers for Medicare and Medicaid Services (CMS) to implement four home and community based service (HCBS) waivers, which replaced the community alternatives program (CAP) waiver.

These rules establish provider qualifications and clarify client appeal rights. When effective, these rules replace emergency rules filed as WSR 05-15-046.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-825-170, 388-825-180, 388-825-190, 388-825-260, 388-825-262, 388-825-264, 388-825-266, 388-825-268, 388-825-270, 388-825-272, 388-825-276, 388-825-278, 388-825-280, 388-825-282 and 388-825-284; and amending WAC 388-825-120.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.120.

Adopted under notice filed as WSR 05-13-041 on June 7, 2005.

Changes Other than Editing from Proposed to Adopted Version: In WAC 388-825-130, the reference is changed from "chapter 388-458 WAC" to "WAC 388-458-0040 (1), (2) and (3)" for specificity; WAC 388-825-145(4), the wording is changed to read "...you may have to pay back continued benefits" to reflect the fact that collection is not pursued in all cases; WAC 388-825-150(2), cross references are added for the definition of "expiration" and for the consequences of not reapplying before the eligibility expiration date; WAC 388-825-150(3), this section is changed to clarify that it applies to state-only funded services; WAC 388-825-150(4), this section is changed to read: "The state-only funded service no longer exists, the Medicaid state plan has been amended, or the HCBS waiver agreement with the federal Centers for Medicare and Medicaid has been amended" to clarify that the promulgation of rules ending a program applies to state-only funded services; and WAC 388-825-160, this section is changed to comply with federal Medicaid rules.

A final cost-benefit analysis is available by contacting Steve Brink, P.O. Box 5310, Olympia, WA 98507-5310, phone (360) 725-3416, fax (360) 407-0955, e-mail brinksc@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 32, Amended 1, Repealed 15; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 32, Amended 1, Repealed 15.

Date Adopted: August 16, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-18 issue of the Register.

Washington State Code Reviser's Office