WSR 08-13-076

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 16, 2008, 12:42 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-22-085.

Title of Rule and Other Identifying Information: The department is adding new sections to chapter 388-106 WAC, Long-term care services, to implement the roads to community living (RCL) project. RCL is Washington state's money follows the person demonstration project. It is designed to test services and supports which help consumers move from institutional settings into the community if they wish to.

The department may amend other rules as part of this rule-making process as necessary.

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. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on July 22, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 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 5 p.m. on July 22, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 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: The department is drafting new WAC 388-106-0250, 388-106-0255, 388-106-0260, and 388-106-0265 under a new section entitled "roads to community living." These rules describe the project, eligibility, and time limited nature of demonstration project services under the money follows the person grant.

RCL is a demonstration project, funded by a five-year "money follows the person" grant authorized under Section 6071 of the Deficit Reduction Act of 2005 (P.L. 109-171).

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: Elizabeth Prince, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2561.

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.

June 16, 2008

Stephanie E. Schiller

Rules Coordinator

3995.1
NEW SECTION
WAC 388-106-0250   What is the roads to community living (RCL) demonstration project and who is eligible?   (1) Roads to community living (RCL) is a demonstration project, funded by a five-year "money follows the person" grant authorized under section 6071 of the deficit reduction act of 2005 (P.L. 109-171). It is designed to test services and supports which help customers move from institutional settings into the community if they wish to.

(2) To be eligible, the department must assess your needs in CARE and you must:

(a) Have a continuous six months or longer stay in a qualified institutional setting (hospital, nursing home, residential habilitation center);

(b) Be Medicaid eligible for at least thirty days prior to discharge from the institutional setting;

(c) Intend to move to a qualified community setting (home, apartment, licensed residential setting with four or less unrelated individuals); and

(d) Not be able to move into a qualified community setting using available long-term care resources.

(3) When you are discharged to a qualified community setting, you are eligible for continuous Medicaid coverage until your RCL services end.

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NEW SECTION
WAC 388-106-0255   How long are RCL services available to me?   Roads to community living (RCL) can be authorized for no longer than three hundred sixty-five days in a qualified community setting. Day one of the demonstration year is the day you move from the institutional setting into the qualified community setting. Day three hundred sixty-five is the last day you can receive demonstration services.

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NEW SECTION
WAC 388-106-0260   How do I pay for RCL services?   Depending on your income and resources, you may be required to pay participation toward the cost of your care, as outlined in chapters 388-515 or 388-106 WAC.

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NEW SECTION
WAC 388-106-0265   Do I have the right to a fair hearing while receiving RCL services?   Yes, you may request a fair hearing based on the rules outlined in WAC 388-106-1305 to contest eligibility decisions made by the department. Once your three hundred sixty-five days of roads to community living (RCL) eligibility end, per WAC 388-106-0255, you may not request a fair hearing to contest the conclusion of RCL services or to request an extension.

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Washington State Code Reviser's Office