WSR 08-20-033

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 22, 2008, 4:06 p.m. , effective October 23, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: These rules are necessary to amend the procedures for administering the home and community based services waivers. They incorporate changes reflected in the waivers approved by the federal Centers for Medicare and Medicaid Services under Section 1915(c) of the Social Security Act. They also clarify the existing rules. By amending these rules, the department is able to claim additional federal Title XIX funds.

Citation of Existing Rules Affected by this Order:
WAC SUMMARY and SBEIS/CBA WORKSHEET

June 2008

Washington Administrative Code Effect of Rule Impact Small Business?
388-845-0001 Definitions - Amended

"CAP Waiver" - Removed

"Gainful employment" - Added

"Integrated settings" - Added

"Living wage" - Added

This definition is obsolete.

Adds the definition of "gainful employment."

Adds the definition of "integrated settings."

Adds the definition of "living wage."

No

No

No

No

388-845-0045 - Amended Clarifies that needs refer to the identified health and welfare needs. No
388-845-0205 - Amended Increases the maximum allowable amount for employment/day program services. No
388-845-0210 - Amended Increases the maximum allowable amount for employment/day program services and that this amount may be exceeded by exception to rule. No
388-845-0600 - Amended Rewords the definition of community access services for clarity. No
388-845-0605 - Amended Rewords who can be providers of community access services for clarity. No
388-845-0610 - Amended Clarifies that community access is a service. No
388-845-0750 - Amended Clarifies that community transition services may be available when moving from an institutional setting or from a provider operated setting to a community setting in which you live in your own home or apartment and are responsible for your living expenses. No
388-845-0760 - Amended Clarifies that community transitional services may not be used for rent. No
388-845-1200 - Amended Clarifies the definition of person-to-person services. No
388-845-1205 - Amended Grammatical change only. No
388-845-1210 - Amended Clarifies the limitations of person-to-person services. No
388-845-1305 - Amended Clarifies that providers of personal care services must be contracted with ADSA rather than DDD. No
388-845-1310 - Amended Clarifies that homecare agencies must be contracted with ADSA rather than DDD and eliminates an erroneous cross-reference. No
388-845-1400 - Amended Expands the definition of prevocational services. No
388-845-1410 - Amended Expands the limitations of prevocational services to require prior approval, that these services are time-limited and when a review of these services may be required. No
388-845-1600 - Amended Clarifies the definition of respite care. No
388-845-1620 - Amended Expands the limitations on respite care regarding parent providers. No
388-845-1650 - Amended Changes the term deviation to deviancy and expands the definition for clarity. No
388-845-1655 - Amended Changes the term deviation to deviancy. No
388-845-1660 - Amended Changes the term deviation to deviancy. No
388-845-2100 - Amended Revises and expands the definition of supported employment services. No
388-845-2105 - Amended Rewords the grammar for clarity. No
388-845-2110 - Amended Clarifies the limitations on supported employment services. No
388-845-2210 - Amended Adds a limitation of sixty miles per month for transportation services provided by a personal care provider. Yes

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

Other Authority: Title 71A RCW.

Adopted under notice filed as WSR 08-15-008 on July 3, 2008.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-845-1310 has been changed to delete the cross reference to chapter 388-71 WAC.

A final cost-benefit analysis is available by contacting Steve Brink, P.O. Box 45310, Olympia, WA 98504-5310, 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 0, Amended 25, Repealed 0; 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 25, 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 0, Amended 25, Repealed 0.

Date Adopted: September 22, 2008.

Robin Arnold-Williams

Secretary

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 08-21 issue of the Register.

Washington State Code Reviser's Office