WSR 20-08-019
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed March 20, 2020, 1:47 p.m., effective March 20, 2020, 1:47 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To amend existing rules affecting specific programs as a result of the health crisis created by the coronavirus.
Citation of Rules Affected by this Order: Amending WAC 388-96-107.
Statutory Authority for Adoption: RCW
74.46.800(1).
Other Authority: Governor Proclamation 20-05.
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: We have received feedback from stakeholders that the current emergency state, in addition to staff members being sick or preventatively quarantined, may interfere with the ability to complete cost reports per the regular deadlines. This change will allow additional flexibility for requests for extensions for the completion of cost reports.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 17, 2020.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-22-037, filed 10/24/17, effective 11/24/17)
WAC 388-96-107Requests for extensions.
(1) A contractor may request in writing an extension for submitting cost reports. Contractor requests must:
(a) Be addressed to the manager, nursing facility rates program;
(b) State the circumstances prohibiting compliance with the report due date; and
(c) Be received by the department ((at least ten days prior to the due date of the report))by 5:00 p.m. on March 31st, 2020.
(2) The department may grant ((two)) extensions of up to thirty days each, only if the circumstances, stated clearly, indicate the due date cannot be met and the following conditions are present:
(a) The circumstances were not foreseeable by the provider; and
(b) The circumstances were not avoidable by advance planning.