WSR 14-22-082

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 3, 2014, 3:07 p.m.]

Subject of Possible Rule Making: Chapter 388-845 WAC, DDD home and community-based services waivers, and other related rules as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.140, 74.39A.400, 74.39.010, 74.08.090, 74.09.520, 74.36.110, ESHB 2746.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2746 requires DSHS to refinance personal care services and establish a 1915(k) Community First Choice Option (CFCO) program per §1915(k) of the Social Security Act. To that end, DSHS will develop a state plan amendment. As a result, the services offered on the CFCO program that are currently available in an HCBS waiver will be removed from the waiver rules and/or otherwise modified to accommodate the new program. Other related changes that may arise during this rule making may be incorporated. Other WAC chapters may need to be updated as a result of this rule making.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alan McMullen, Developmental Disabilities Administration, P.O. Box 45310, Olympia, WA 98504-5310, phone (360) 725-3524, fax (360) 407-0955, TTY 1-800-833-6388, e-mail alan.mcmullen@dshs.wa.gov.

November 3, 2014

Katherine I. Vasquez

Rules Coordinator