WSR 02-11-143

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)

[ Filed May 22, 2002, 10:23 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Chapter 388-825 WAC, Division of developmental disabilities service rules; chapter 388-830 WAC, Division of developmental disabilities program option rules; chapter 388-835 WAC, ICF/MR program and reimbursement system; chapter 388-850 WAC, County plan for developmental disabilities; and chapter 388-853 WAC, Cost of care of mentally deficient persons residing in state institutions.

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-13 issue of the Register.

Purpose: The proposed amendments make corrections to obsolete or incorrect WAC and RCW cross-references without changing the effect of the rules; therefore a preproposal statement of inquiry was not filed per RCW 34.05.310(4).

Statutory Authority for Adoption: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, and RCW 72.01.090.

Statute Being Implemented: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, and RCW 72.01.090.

Summary: The proposed amendments only make corrections to obsolete or incorrect WAC and RCW cross-references without changing the effect of the rules; therefore a preproposal statement of inquiry was not filed per RCW 34.05.310(4).

Reasons Supporting Proposal: These rules have been rewritten to correct erroneous WAC references and do not change their effect.

Name of Agency Personnel Responsible for Drafting: Jeannie T. Gorski, P.O. Box 45310, Olympia, WA 98504-45310 [98504-5310], (360) 902-7562; Implementation and Enforcement: Chris Coleman, P.O. Box 45310, Olympia, WA 98504-45310 [98504-5310], (360) 902-8478.

Name of Proponent: Department of Social and Health Services, Health and Rehabilitative Services Administration, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This action is intended to correct erroneous cross-references. The anticipated effect is to direct the reader to the correct reference.

Proposal Changes the Following Existing Rules: The proposed amendments make corrections to obsolete or incorrect WAC and RCW cross-references without changing the effect of the rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Since the proposed amendments do not "make significant amendments to a policy or regulatory program" (see RCW 34.05.328 (5)(c)(iii)), the Division of Developmental Disabilities has determined that the proposed rules are not "significant" as defined by the legislature. These rules have been rewritten to correct erroneous WAC and RCW references and do not change their effect. Therefore, under RCW 34.05.328 (5)(b)(iv), these proposed chapters are exempt from needing a cost-benefit analysis.

RCW 34.05.328 does not apply to this rule adoption. The Division of Developmental Disabilities has determined that the proposed amendments do not make significant amendments to a policy or regulatory program as defined in RCW 34.05.328 (5)(c)(iii).

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking at 12th and Washington), 1115 Washington, Olympia, WA 98504, on July 23, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 19, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., July 23, 2002.

Date of Intended Adoption: Not earlier than July 24, 2002.

May 15, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-13 issue of the Register.

Washington State Code Reviser's Office