WSR 19-15-085

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Long-Term Support Administration)

[Filed July 19, 2019, 9:22 a.m.]

Title of Rule and Other Identifying Information: WAC 388-105-0005 The daily medicaid payment rates for clients who have been assessed using the CARE tool and reside at an AFH or assisted living facility contracted to provide assisted living, adult residential care, or enhanced adult residential care services.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department intends to repeal this rule. Providers will still be able to find out their rates from the aging and long-term support administration's web site, their residents' case managers, from their union if they have one, or by contacting the department.

Reasons Supporting Proposal: When the department first implemented this rule, rule making took less time and less information was available online. Amending the rule now takes significant time each year after the end of the legislative session, leading to the rule being incorrect and in "emergency rule" status for a good portion of the year. Additionally, all rates included in this rule are available online, easy to find, and up-to-date at all times. Depending on the time of the year, providers checking the rule for their rates may be getting old information unless they check into filings affecting this rule.

It is also important to consider that when this rule was created, the department's methodology for rate setting was not documented in rule or law so this form of rate publishing was necessary for providers. Adult family homes now participate in collective bargaining, meaning that providers are involved in setting their rate and aware of what the rate will be ahead of time, while the methodology for assisted living, adult residential care, and enhanced residential care is in RCW.

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

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services (DSHS), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Elizabeth Pashley, 4450 10th Avenue S.E., Lacey, WA 98503, 360-725-2447.

This notice meets the following criteria to use the expedited repeal process for these rules:

The rule is no longer necessary because of changed circumstances.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, phone 360-664-6097, fax 360-664-6185, DSHSRPAURulesCoordinator@dshs.wa.gov, AND RECEIVED BY September 23, 2019.

July 18, 2019

Katherine I. Vasquez

Rules Coordinator

The following section of the Washington Administrative Code is repealed: