WSR 16-01-179
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 22, 2015, 1:49 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-19-135.
Title of Rule and Other Identifying Information: The department is amending WAC 388-106-0010 What definitions apply to this chapter? and 388-106-0135 What is the maximum number of hours of personal care services that I can receive for in-home services?; and adding a new section WAC 388-71-0552 What may happen if an individual provider (IP) claims more than the maximum hours assigned by the client in a work week?, to chapter 388-71 WAC, Home and community services and programs.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on February 9, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than February 10, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 9, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 26, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-106-0010 What definitions apply to this chapter? and 388-106-0135 What is the maximum number of hours of personal care services that I can receive for in-home services?; and adding new section WAC 388-71-0552 What may happen if an IPs claims more than the maximum hours assigned by the client in a work week? New United States Department of Labor rules may require the department to pay overtime to IPs. The proposed rules are one of a series of changes that will eventually enable the department to pay overtime while also maximizing the effective use of limited state resources. The proposed rules change the allocation of personal care hours from a monthly basis to a weekly basis. They also describe how the department may respond when IPs submit invoices for services that exceed the maximum weekly hours under a client's plan of care. The department anticipates additional rule making in 2016 as it moves toward the payment of overtime.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.
Statute Being Implemented: RCW 74.39A.400.
Rule is necessary because of federal court decision, Home Care Assoc. of America v. David Weil.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Barbara Hanneman, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2525.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
December 18, 2015
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 16-02 issue of the Register.