WSR 08-01-089

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 17, 2007, 11:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-13-059.

Title of Rule and Other Identifying Information: The department is amending WAC 388-106-0020 Under the MPC (medicaid personal care), COPES (community options program entry system), MNRW (medically needy residential waiver), MNIW (medically needy in-home waiver), and chore programs, what services are not covered?

Hearing Location(s): Office Building 2 - Auditorium (DSHS Headquarters), 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on January 22, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 23, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by January 22, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by January 15, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making amends guidelines pertaining to the administration of sterile procedures to more clearly articulate who can and cannot perform certain services.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Statute Being Implemented: RCW 74.08.090, 74.09.520.

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: Bev Lord, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2536.

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

A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(vii), relating only to client medical or financial eligibility.

December 14, 2007

Stephanie E. Schiller

Rules Coordinator

3938.1
AMENDATORY SECTION(Amending WSR 05-11-082, filed 5/17/05, effective 6/17/05)

WAC 388-106-0020   Under the MPC, COPES, MNRW, MNIW, and chore programs, what services are not covered?   The following types of services are not covered under MPC, COPES, MNRW, MNIW, and chore:

(1) Child care.

(2) Individual providers ((and agency providers must not provide sterile procedures, administration of medications, or other tasks requiring a licensed health professional unless these tasks are provided through nursing delegation, self-directed care or provided by a family member)) must not provide:

(a) Sterile procedures unless the provider is a family member;

(b) Administration of medications or other tasks requiring a licensed health professional unless these tasks are provided through nurse delegation, self-directed care, or the provider is a family member.

(3) Agency providers, including family members who provide care as an agency provider, must not provide:

(a) Sterile procedures;

(b) Self-directed care;

(c) Administration of medications or other tasks requiring a licensed health care professional unless these tasks are provided through nurse delegation.

(4) Services provided over the telephone.

(((4))) (5) Services to assist other household members not eligible for services.

(((5))) (6) Development of social, behavioral, recreational, communication, or other types of community living skills.

(((6))) (7) Nursing care.

(((7))) (8) Pet care.

(((8))) (9) Assistance with managing finances.

(((9))) (10) Respite.

(((10))) (11) Yard care.

[Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, 388-106-0020, filed 5/17/05, effective 6/17/05.]

Washington State Code Reviser's Office