WSR 01-18-057

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)

[ Filed August 30, 2001, 3:58 p.m. ]

     Title of Rule: Repealing WAC 388-539-0500 Coordinated community AIDS service alternatives (CCASA) program services and 388-539-0550 Payment -- Coordinated community AIDS service alternatives (CCASA) program.

     Purpose: The coordinated community AIDS service alternatives (CCASA) program is no longer needed. It duplicates program services available including the COPES program (chapter 388-515 WAC). This repeal is proposed in close coordination with the appropriate staff of the Washington State Department of Health.

     The home and community-based Medicaid waiver, community AIDS services alternatives (CASA), was written in 1989 for a hospital level of care for "terminally ill" persons with AIDS. This waiver addressed the realities of available treatments at that time. Advancements in treatment have significantly changed those original conditions and rendered the CASA waiver obsolete.

     Over the past decade, persons with AIDS have stopped using the waiver. Instead, they use an array of more appropriate services for outpatient and chronic care needs. These include home health nursing services, Medicaid personal care, adult day health services, nursing services, special adult family homes and COPES, which is a home and community-based Medicaid waiver similar to CASA. COPES provides home care services for persons living with any qualifying chronic condition, including AIDS. All of these patients have a longer life expectancy that the original "terminally ill" focus of the CASA waiver (and these rules).

     In the past year, the CASA waiver has not been used by any MAA client. At the same time, the number of persons and number of hospitalizations for persons living with AIDS have continued to decrease. DSHS and DOH are acting to discontinue the waiver and repeal these rules, but we continue our ongoing collaborative efforts toward appropriate and community-based program options for persons living with HIV/AIDS.

     Statutory Authority for Adoption: RCW 74.08.090.

     Statute Being Implemented: RCW 74.08.090.

     Summary: See Purpose above.

     Reasons Supporting Proposal: Rule is no longer necessary because of changed circumstances. Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mike Freeman, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1350.

     Name of Proponent: DSHS/MAA, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The coordinated community AIDS service alternatives (CCASA) program is no longer needed. It duplicates program services available including the COPES program (chapter 388-515 WAC). This repeal is proposed in close coordination with the appropriate staff of the Washington State Department of Health.

     The home and community-based Medicaid waiver, community AIDS services alternatives (CASA), was written in 1989 for a hospital level of care for "terminally ill" persons with AIDS. This waiver addressed the realities of available treatments at that time. Advancements in treatment have significantly changed those original conditions and rendered the CASA waiver obsolete.

     Over the past decade, persons with AIDS have stopped using the waiver. Instead, they use an array of more appropriate services for outpatient and chronic care needs. These include home health nursing services, Medicaid personal care, adult day health services, nursing services, special adult family homes and COPES, which is a home and community-based Medicaid waiver similar to CASA. COPES provides home care services for persons living with any qualifying chronic condition, including AIDS. All of these patients have a longer life expectancy that the original "terminally ill" focus of the CASA waiver (and these rules).

     In the past year, the CASA waiver has not been used by any MAA client. At the same time, the number of persons and number of hospitalizations for persons living with AIDS have continued to decrease. DSHS and DOH are acting to discontinue the waiver and repeal these rules, but we continue our ongoing collaborative efforts toward appropriate and community-based program options for persons living with HIV/AIDS.

     Proposal Changes the Following Existing Rules: It repeals the rules for the coordinated community AIDS service alternatives (CCASA) program.

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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Rules and Policies Assistant Unit, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850 , AND RECEIVED BY November 5, 2001.


August 29, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2976.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-539-0500 Coordinated community aids service alternatives (CCASA) program services.
WAC 388-539-0550 Payment -- Coordinated community aids service alternatives (CCSA) program.

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