SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 18, 2018, 10:59 a.m., effective October 21, 2018]
Effective Date of Rule: October 21, 2018.
Purpose: The department is amending WAC 388-106-0905(3) to correct an eligibility error for medical care services (MCS) that occurred during the implementation of the community first choice program. At that time, the department changed the eligibility for medicaid personal care to exclude nursing facility level of care (NFLOC), which inadvertently changed the eligibility for MCS. The emergency rule restores NFLOC eligibility for MCS. Without this rule change, vulnerable people with no other options for care may be harmed.
This CR-103E supersedes the CR-103E filed on June 22, 2018, as WSR 18-14-009. The department filed a CR-102 on September 14, 2018, as WSR 18-19-050 and a public hearing will be held on October 23, 2018.
Citation of Rules Affected by this Order: Amending WAC 388-106-0905.
Statutory Authority for Adoption: RCW 74.08.090
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: See purpose above.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 12, 2018.
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 15-03-038, filed 1/12/15, effective 2/12/15)
WAC 388-106-0905Am I eligible to receive medical care services (MCS) residential care services?
You are eligible to receive MCS-funded residential care services if:
(1) You meet financial eligibility requirements for medical care services (MCS), described in WAC 182-508-0005;
(2) You are not eligible for services under COPES, or MPC; and
(3) You are assessed in CARE and meet the functional criteria outlined in WAC ((388-106-0210(2)))388-106-0210(3) or WAC 388-106-0355(1).