WSR 09-05-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 18, 2009, 11:05 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-01-140.

Title of Rule and Other Identifying Information: Amending and repealing sections in chapter 388-71 WAC, Home and community services and programs and chapter 388-106 WAC, Long-term care services.

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://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on April 7, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 8, 2009.

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 5:00 p.m. on April 7, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 24, 2009, 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: DSHS is repealing and removing references to adult day health in chapters 388-71 and 388-106 WAC. The department is preparing for the elimination of adult day health, which will no longer be offered as a medicaid service due to budget restrictions.

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 and Implementation: Anne Vanderbeek, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2558; and Enforcement: Chris Imhoff, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2272.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Anne Vanderbeek, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2558, fax (360) 407-7582, e-mail VandeA@dshs.wa.gov.

February 13, 2009

Stephanie E. Schiller

Rules Coordinator

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 09-06 issue of the Register.

Washington State Code Reviser's Office