WSR 12-02-044

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 30, 2011, 10:24 a.m. , effective December 30, 2011, 10:24 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The department is amending WAC 388-106-0010 Definitions and 388-106-0210 Medicaid personal care (MPC) eligibility, to include the age guidelines.

Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0210 and 388-106-0010.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The department revised its assessment process to allocate for personal care services for children on a more individualized basis. The changes to WAC 388-106-0010 and 388-106-0210 are necessary to comport with previously adopted emergency amendments to WAC 388-106-0130 under WSR 11-23-082 filed on November 16, 2011. The emergency rule is necessary in order to comply with the state law following the Supreme Court decision in Samantha A. v. DSHS.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: December 28, 2011.

Katherine I. Vasquez

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 12-03 issue of the Register.

Washington State Code Reviser's Office