WSR 14-01-064

EMERGENCY RULES

[Filed December 13, 2013, 9:56 a.m., effective December 19, 2013]

Effective Date of Rule: December 19, 2013.

Purpose: To amend and add new sections to chapter 388-845 WAC, DDD home and community based services waivers, to be in compliance with the requirements of chapter 49, Laws of 2012 (SSB 6384) and related federal waivers recently renewed through Centers for Medicare and Medicaid Services (CMS). These changes add dental services as a waiver service and align this chapter with the changes being made to those in chapter 388-828 WAC for community services. This is a subsequent request to the previous emergency filed as WSR 13-17-122 on August 21, 2013.

Citation of Existing Rules Affected by this Order: Amending WAC 388-845-0110, 388-845-0205, 388-845-0210, 388-845-0215, 388-845-0220, 388-845-0225, 388-845-0505, 388-845-0800, 388-845-0820, 388-845-1110, 388-845-1105, 388-845-1150, 388-845-1400, 388-845-1410, 388-845-2110, 388-845-2205, and 388-845-2210.

Statutory Authority for Adoption: RCW 71A.12.030, 34.05.350 (1)(c).

Other Authority: Chapter 49, Laws of 2012.

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The passing of chapter 49, Laws of 2012, required a tremendous amount [of] coordination and timing with CMS to agree on waiver language before we could develop new WAC language. Secondary, implementation of related programming changes to CARE (our statewide computer system) and aligning the language in these changes with those related sections of chapter 388-828 WAC. This emergency filing also adds dental as a waiver service. These changes were adopted by emergency on September 1, 2012, to be in compliance with what CMS had set for the changes to the waiver. The permanent rule was filed on November 26, 2013, as WSR 13-24-045 and will be effective on January 1, 2014.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 17, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 0, 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 2, Amended 17, Repealed 0.

Date Adopted: December 12, 2013.

Katherine I. Vasquez

Rules Coordinator