WSR 21-09-071
(Aging and Long-Term Support Administration)
[Filed April 20, 2021, 10:23 a.m.]
Subject of Possible Rule Making: The department is planning to add a new section in chapter 388-106 WAC for long-term services and supports (LTSS) presumptive eligibility, and may amend other related rules as may be required.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is adding a new section in chapter 388-106 WAC describing LTSS presumptive eligibility and functional eligibility criteria for clients who are discharging from acute care hospitals or diverting from community psychiatric facilities into an in-home setting with home and community-based services.
Other related rule changes that arise during this rule making may be incorporated, and other related WAC sections may need to be updated because of this rule making.
The health care authority will also be filing a CR-101 and amending chapters 182-513 and 182-515 WAC to define financial eligibility for LTSS presumptive eligibility.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable.
Process for Developing New Rule: The department of social and health services (DSHS) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making at a later date. The department will send a copy of the proposal to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Angel Sulivan, P.O. Box 45600, Olympia, WA 98504-5600, phone 360-725-2495, fax 360-407-7582, TTY 360-493-2637, email
April 20, 2021
Katherine I. Vasquez
Rules Coordinator