WSR 08-17-098

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 20, 2008, 8:47 a.m. ]

Subject of Possible Rule Making: The department is amending chapter 388-845 WAC, Division of developmental disabilities home and community based services waivers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030, 71A.12.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These amendments define the procedures for administering the home and community based services waivers. They incorporate changes regarding who is eligible to receive respite care, as specified in the waivers approved by the federal Centers for Medicare and Medicaid Services under Section 1915(c) of the Social Security Act, and revise the reasons for termination from the community protection waiver to be consistent with the new rules contained in chapter 388-831 WAC.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department coordinates its rules with and receives approval from the federal Centers for Medicare and Medicaid Services for the administration of waivers under Section 1915(c) of the Social Security Act.

Process for Developing New Rule: The department welcomes public participation in the development of these rules. At a later date, the department will publish proposed rules for public comment, and a public hearing will be held before the rules are adopted as permanent.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steve Brink, Program Manager, Division of Developmental Disabilities, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3416, fax (360) 407-0955, e-mail brinksc@dshs.wa.gov. Draft material and information about how to participate may be obtained from the department representative.

August 20, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office