WSR 16-18-038

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed August 30, 2016, 9:32 a.m., effective August 30, 2016, 9:32 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Cancel and supersede the existing CR-103E filed as WSR 16-17-013 with this new CR-103E that corrects two rates that were incorrect. The daily medicaid payment rates are changing per collective bargaining and the fiscal year 17 state budget. The department is amending WAC 388-105-0005 The daily medicaid payment rates for clients assessed using the comprehensive assessment reporting evaluation (CARE) tool and that reside in adult family homes (AFH) and assisted living facilities contracted to provide assisted living (AL), adult residential care (ARC), and enhanced adult residential care (EARC) services, to update the rate table included in WAC 388-105-0005.

Citation of Existing Rules Affected by this Order: Amending WAC 388-105-0005.

Statutory Authority for Adoption: RCW 74.39A.030 (3)(a).

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: This WAC includes a rate table that was updated per legislative budget decisions. The permanent rule change is in process. The filing of this emergency rule is necessary due to the timing of the start of the fiscal year.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: August 25, 2016.

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION (Amending WSR 16-05-028, filed 2/9/16, effective 3/11/16)

WAC 388-105-0005 The daily medicaid payment rates for clients who have been assessed using the ((comprehensive assessment reporting evaluation (CARE))) CARE tool and ((that)) reside ((in adult family homes (AFH) and)) at an AFH or assisted living ((facilities)) facility contracted to provide ((assisted living (AL), adult residential care (ARC), and enhanced adult residential care (EARC))) AL, ARC, or EARC services.

For contracted ((AFH)) adult family homes (AFH) and assisted living facilities contracted to provide ((AL, ARC, and EARC)) assisted living (AL), adult residential care (ARC), or enhanced adult residentical care (EARC) services, the department pays the following daily rates for ((care of a)) medicaid residents who have been assessed using the comprehensive assessment reporting evaluation (CARE) tool:


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
KING COUNTY
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$67.22	$72.64	$47.67	$47.67	(($49.97)) $52.47
A Med	$72.74	$78.16	$54.03	$54.03	(($56.53)) $59.36
A High	$81.57	$86.99	$59.30	$59.30	(($63.11)) $66.27

B Low	$67.22	$72.64	$47.67	$47.67	(($50.21)) $52.72
B Med	$74.96	$80.39	$60.39	$60.39	(($63.41)) $66.58
B Med-High	$84.83	$90.25	$64.19	$64.19	(($67.85)) $71.24
B High	$89.28	$94.70	$73.31	$73.31	(($77.40)) $81.27

C Low	$72.74	$78.16	$54.03	$54.03	(($56.53)) $59.36
C Med	$81.57	$86.99	$67.70	$67.70	(($71.84)) $75.43
C Med-High	$101.43	$106.85	$90.09	$90.09	(($93.72)) $98.41
C High	$102.44	$107.86	$90.95	$90.95	(($95.01)) $99.76

D Low	$74.96	$80.38	$72.87	$72.87	(($73.21)) $76.87
D Med	$83.23	$88.65	$84.35	$84.35	(($89.32)) $93.79
D Med-High	$107.49	$112.91	$107.13	$107.13	(($107.23)) $112.59
D High	$115.79	$121.21	$115.79	$115.79	(($121.91)) $128.01

E Med	$139.84	$145.26	$139.84	$139.84	(($147.04)) $154.39
E High	$163.89	$169.31	$163.89	$163.89	(($172.19)) $180.80


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
METROPOLITAN COUNTIES*
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$61.69	$66.61	$47.67	$47.67	(($49.97)) $52.47
A Med	$65.02	$69.94	$51.91	$51.91	(($54.34)) $57.06
A High	$79.37	$84.29	$56.56	$56.56	(($59.81)) $62.80

B Low	$61.69	$66.61	$47.67	$47.67	(($50.21)) $52.72
B Med	$70.52	$75.44	$57.22	$57.22	(($60.10)) $63.11
B Med-High	$79.83	$84.75	$60.81	$60.81	(($64.37)) $67.59
B High	$87.07	$91.99	$71.25	$71.25	(($75.24)) $79.00

C Low	$65.02	$69.94	$52.12	$52.12	(($54.74)) $57.48
C Med	$79.37	$84.29	$66.84	$66.84	(($70.12)) $73.63
C Med-High	$98.10	$103.02	$83.73	$83.73	(($87.17)) $91.53
C High	$99.09	$104.01	$89.04	$89.04	(($92.41)) $97.03

D Low	$70.52	$75.44	$71.87	$71.87	(($71.62)) $75.20
D Med	$80.98	$85.90	$82.67	$82.67	(($86.95)) $91.30
D Med-High	$103.98	$108.90	$104.50	$104.50	(($103.99)) $109.19
D High	$112.63	$117.55	$112.63	$112.63	(($117.98)) 123.88

E Med	$135.52	$140.44	$135.52	$135.52	(($141.91)) $149.01
E High	$158.40	$163.32	$158.40	$158.40	(($165.84)) $174.13

*Benton, Clark, Franklin, Island, Kitsap, Pierce, Snohomish, Spokane, Thurston, Whatcom, and Yakima counties.


COMMUNITY RESIDENTIAL DAILY RATES FOR CLIENTS ASSESSED USING CARE
NONMETROPOLITAN COUNTIES**
CARE CLASSIFICATION	AL Without Capital Add-on	AL With Capital Add-on	ARC	EARC	AFH
A Low	$60.61	$65.85	$47.67	$47.67	(($49.97)) $52.47
A Med	$65.02	$70.26	$50.86	$50.86	(($53.26)) $55.92
A High	$79.37	$84.61	$55.66	$55.66	(($58.73)) $61.67

B Low	$60.61	$65.85	$47.67	$47.67	(($50.21)) $52.72
B Med	$70.52	$75.76	$56.16	$56.16	(($59.01)) $61.96
B Med-High	$79.83	$85.07	$59.68	$59.68	(($63.13)) $66.29
B High	$87.07	$92.31	$67.41	$67.41	(($71.23)) $74.79

C Low	$65.02	$70.26	$50.86	$50.86	(($53.26)) $55.92
C Med	$79.37	$84.61	$63.20	$63.20	(($67.48)) $70.85
C Med-High	$98.10	$103.34	$80.54	$80.54	(($83.90)) $88.10
C High	$99.09	$104.33	$84.18	$84.18	(($87.47)) $91.84

D Low	$70.52	$75.76	$67.96	$67.96	(($67.80)) $71.19
D Med	$80.98	$86.22	$78.17	$78.17	(($82.29)) $86.40
D Med-High	$103.98	$109.22	$98.79	$98.79	(($98.41)) $103.33
D High	$106.48	$111.72	$106.48	$106.48	(($111.62)) $117.20

E Med	$128.11	$133.35	$128.11	$128.11	(($134.23)) $140.94
E High	$149.75	$154.99	$149.75	$149.75	(($156.86)) $164.70

** Nonmetropolitan counties: Adams, Asotin, Chelan, Clallam, Columbia, Cowlitz, Douglas, Ferry, Garfield, Grant, Grays Harbor, Jefferson, Kittitas, Klickitat, Lewis, Lincoln, Mason, Okanogan, Pacific, Pend Orielle, San Juan, Skagit, Skamania, Stevens, Wahkiakum, Walla Walla and Whitman.

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.