WSR 02-11-064



(Aging and Adult Services Administration)

(Medical Assistance Administration)

[ Filed May 10, 2002, 4:44 p.m. ]

     Subject of Possible Rule Making: Adopt rules within chapters 388-71 and 388-515 WAC to establish the medically needy (MN) waiver program. Amending, clarifying and reorganizing COPES rules to:

Comply with the Governor's Executive Order 97-02 and the Secretary's Order on Regulatory Improvement.
Reflect changes in program requirements and/or options.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: SHB 1341 (chapter 269, Laws of 2001), RCW 74.09.700, chapter 74.39 RCW, RCW 74.08.090, 74.04.050, and 74.09.575.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 1341 (chapter 269, Laws of 2001) authorizes DSHS to develop a new waiver program for individuals in need of long-term care services in the community. The legislation specifically requires the department to adopt rules to establish eligibility criteria, applicable income standards, and specific waiver services to be provided. This change is also necessary to reflect amendments to the COPES waiver.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Centers for Medicare and Medicaid Services (CMS). Aging and Adult Services Administration (AASA) maintains the programs for long-term care and waivered services. Coordination of this rule has been completed through a workgroup consisting of members from AASA, Medical Assistance Administration (MAA), state unit on aging, and quality assurance.

     Process for Developing New Rule: AASA and MAA welcome public participation in the development of these rules. At a later date, the department will publish and distribute proposed rules with a notice of proposed rule making, accept written comments, and conduct a public hearing. Draft materials and information about how to participate are available by contacting the DSHS representatives identified below.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kristi Olson, DSHS/Home and Community Services Division, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2537, fax (360) 438-8633, e-mail

May 8, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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