WSR 10-08-074

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed April 6, 2010, 12:58 p.m. , effective May 7, 2010 ]


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

     Purpose: The department is amending and adopting new rules in chapter 388-106 WAC, Long-term care services, as follows:


     •     Updating how the individual budget amount is calculated after the New Freedom participant is assigned a classification as a result of an assessment performed in CARE.

     •     Updating how unused funds from New Freedom individual budgets will be maintained and/or returned to the department.

     •     Clarifying what services are available under the New Freedom waiver.

     •     Updating the role of a designated New Freedom representative to not allow payment as a personal care provider.

     •     New WAC to address institutionalized participants and their budgets.

     •     New WAC to address what services are not allowed under New Freedom.

     •     Adding two applicable definitions for clarity.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0010, 388-106-1400, 388-106-1405, 388-106-1422, 388-106-1435, 388-106-1445, and 388-106-1455.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

      Adopted under notice filed as WSR 10-02-096 on January 6, 2010.

     Changes Other than Editing from Proposed to Adopted Version: Editorial changes only.

     A final cost-benefit analysis is available by contacting Karen Fitzharris, Home and Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2446, fax (360) 407-7582, e-mail Karen.Digre-Fitzharris@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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 0.

     Date Adopted: April 6, 2010.

Susan N. Dreyfus

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 10-09 issue of the Register.

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