Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-01-136.

     Title of Rule and Other Identifying Information: WAC 388-825-068 What medicaid state plan services can DDD authorize?

     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 sooner than April 8, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 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: The department is proceeding with the rule-making process in preparation for elimination of adult day health, which will no longer be offered as a medicaid service due to budget restrictions. These rules are being amended to maintain consistency with the amendments being proposed in chapters 388-106 and 388-71 WAC.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 71A.12.030, 71A.10.020(3).

     Statute Being Implemented: Title 71A RCW.

     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: Debbie Roberts, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail roberdx@dshs.wa.gov, (360) 725-3400, fax (360) 404-0955; Implementation: Shannon Manion, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail maniosk@dshs.wa.gov, (360) 725-3454, fax (360) 404-0955; and Enforcement: Don Clintsman, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail clintdl@dshs.wa.gov, (360) 725-3421, fax (360) 404-0955.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and determined that no new costs will be imposed on small businesses or nonprofits.

     A cost-benefit analysis is not required under RCW 34.05.328. The rule is not a "significant legislative rule" as described in RCW 34.05.328 (5)(c)(iii) and a cost-benefit analysis is not required.

February 13, 2009

Stephanie E. Schiller

Rules Coordinator

     (1) Medicaid personal care, per chapter 388-106 WAC;

     (2) Private duty nursing for adults age eighteen and older; per chapter 388-106 WAC;

     (3) Private duty nursing for children under the age of eighteen, per WAC 388-551-3000; and

     (4) ((Adult day health for adults, per WAC 388-106-0810 and 388-106-0815; and

     (5))) ICF/MR services, per chapters 388-835 and 388-837 WAC.

((Medicaid State Plan Services))
((Adult day health ICF/MR services Medically intensive home care program for children Private duty nursing for adults))	((Medicaid personal care • In-home • Adult family home • Adult residential care))

[Statutory Authority: RCW 71A.10.015, 71A.12.020, 71A.12.030, and Title 71A RCW. 08-11-072, § 388-825-068, filed 5/19/08, effective 6/19/08.]

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