WSR 08-12-070



(Aging and Disability Services Administration)

[ Filed June 3, 2008, 2:28 p.m. ]

Subject of Possible Rule Making: The department is amending WAC 388-105-0005 The daily medicaid payment rates for clients assessed using the comprehensive assessment reporting evaluation (CARE) tool and that reside in adult family homes (AFH) and boarding homes contracted to provide assisted living (AL), adult residential care (ARC), and enhanced adult residential care (EARC) services; 388-105-0045 Bed or unit hold -- Medicaid resident discharged for a hospital or nursing home stay from an adult family home (AFH) or a boarding home contracted to provide adult residential care (ARC), enhanced adult residential care (EARC), or assisted living services (AL); and other related WAC as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.39.030 and 18.20.290, chapter 329, Laws of 2008.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature directed the department to implement phase one of full implementation of a seventeen CARE level payment system for community residential providers. Amounts appropriated in this section are sufficient to increase adult family home provider payment rates on average, effective July 1, 2008. This amendment will also clarify when a client currently receiving bed hold assistance returns to the facility, the client must be in residence for twenty-four hours before a departure will result in a new bed hold sequence. If the client leaves before the expiration of twenty-four hours, then the bed hold sequence on which the client's bed was held when the client returned will continue.

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 take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone 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 Patricia Hague, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, phone (360) 725-2447, fax (360) 725-2641, e-mail

June 3, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office