WSR 19-02-083
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed December 31, 2018, 4:42 p.m., effective January 1, 2019]
Effective Date of Rule: January 1, 2019.
Purpose: The department is amending WAC 388-106-1920 What is the maximum amount of step three services I may receive a month?, as a result of a rate change effective January 1, 2019.
Citation of Rules Affected by this Order: Amending WAC 388-106-1920.
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: The department is amending WAC 388-106-1920 to increase the step three benefit level for medicaid alternative care and tailored supports for older adult participants. This benefit level is tied to the home care agency rate that typically increases every six months. The department recently received notice of the new rate for home care agencies effective January 1, 2019. Without the emergency in place to increase rates, clients will receive reduced service, which would negatively impact the general welfare of those served. The increase provides a greater level of safety and health for the recipients of this benefit.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 27, 2018.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-20-001, filed 9/19/18, effective 10/20/18)
WAC 388-106-1920What is the maximum amount of step three services I may receive a month?
(1) Unless the department authorizes additional funds through an exception to rule under WAC 388-440-0001, beginning January 1, 2019, the maximum amount of step three services you and your caregiver may receive in MAC and TSOA will be published on the ALTSA/HCS rates website found on the MAC and TSOA tab at:
(((a) From January 1, 2018 through June 30, 2018 is an average of five hundred fifty-eight dollars per month not to exceed three thousand three hundred forty-eight dollars in a six month period.
(b) Beginning July 1, 2018 is an average of five hundred seventy-three dollars per month not to exceed three thousand four hundred thirty-eight dollars in a six month period))https//www.dshs.wa.gov/sites/default/files/ALTSA/msd/documents/All_HCS_Rates.xls.
(2) If you are a care receiver who does not have an available unpaid caregiver, you are receiving TSOA personal assistance services, and the department has not authorized additional funds through an exception to rule under WAC 388-440-0001, beginning January 1, 2019, the maximum amount of step three services you may receive will be published on the ALTSA/HCS rates website found on the MAC and TSOA tab at:
(((a) From January 1, 2018 through June 30, 2018 is five hundred fifty-eight dollars per month.
(b) Beginning July 1, 2018 is five hundred seventy-three dollars per month))https://www.dshs.wa.gov/sites/default/files/ALTSA/msd/documents/All_HCS_Rates.xls.