WSR 98-11-032

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Aging and Adult Services Administration)

[Filed May 14, 1998, 2:42 p.m.]



Subject of Possible Rule Making: Adjusting functional eligibility standards for the Chore, COPES, and MPC service programs. This action requires amendments to WAC 388-15-201 Long-term care functional eligibility, 388-15-209 Chore services--Eligibility, 388-15-222 Chore services--Employed disabled--Incentive income and resource exemption, 388-15-610 COPES--Eligibility, 388-15-830 MPC services--Eligibility, 388-15-890 MPC services--Program limitations, and 388-15-895 MPC services--Termination of services. Also, repeal of WAC 388-15-216 Chore services--Grandfathered clients.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.09.520, 74.09.530, 74.39A.110, 74.39A.120, and 74.39A.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 1998 supplemental budget contains sufficient funding for fiscal year 1998 to negate recent rule changes to program eligibility for the Chore, COPES, and MPC programs which were adjusted to reduce expenditures. The department finds that these rules are necessary to amend eligibility requirements so as to preclude 4000 clients from having their Chore, COPES, and MPC services terminated.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Health Care Financing Administration (HCFA). The Department of Social and Health Services will notify HCFA of required amendments to the state Medicaid plan or home and community-based waiver (i.e., COPES) regarding eligibility or service levels. Aging and Adult Services will be coordinating this proposal on behalf of the department and will coordinate with the Medical Assistance, Health and Rehabilitation Administration and other affected administrations.

Process for Developing New Rule: Interested parties may submit verbal or written comments, concerns and recommendations to Aging and Adult Services Administration at any time prior to filing the notice of proposed rule making. Public meetings will be widely publicized in advance in order to promote maximum opportunity for attendance and participation in the rule development.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lois Wusterbarth, Chore and MPC Program Manager, Aging and Adult Services Administration, Home and Community Services Division, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 493-2538, FAX (360) 438-8633, e-mail lwusterb@dshs.wa.gov.

May 13, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser

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