WSR 02-12-067

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed May 31, 2002, 3:58 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-71-0820 How do I qualify for Medicaid-funded PACE services?

Purpose: The proposed amendment of this rule corrects an incorrect WAC cross-reference without changing the rule's effect, and therefore is exempt from filing a preproposal statement of inquiry under RCW 34.05.310 (4)(d).

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090, and 74.09.520.

Statute Being Implemented: RCW 74.09.520.

Summary: The proposed amendment of this rule corrects an incorrect WAC cross-reference without changing the rule's effect, and therefore is exempt from filing a preproposal statement of inquiry under RCW 34.05.310 (4)(d).

Reasons Supporting Proposal: To eliminate confusion by eliminating a cross-reference that has been repealed and replace it with the correct cross-reference.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kristi Olson, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2537, olsonk12@dshs.wa.gov.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment of this rule corrects an incorrect WAC cross-reference without changing the rule's effect, and therefore is exempt from filing a preproposal statement of inquiry under RCW 34.05.310 (4)(d). This change will eliminate confusion by replacing the repealed cross-reference with the current appropriate one.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This amendment simply changes an incorrect cross-reference. No change to the rule's effect will result, therefore this amendment will not impact any small businesses.

RCW 34.05.328 does not apply to this rule adoption. This change is only to correct an incorrect cross-reference, therefore it does not meet the definition of a significant legislative rule per RCW 34.05.328 (5)(b)(iv).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 9, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 5, 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 9, 2002.

Date of Intended Adoption: Not earlier than July 10, 2002.

May 30, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3092.1
AMENDATORY SECTION(Amending WSR 99-19-048, filed 9/13/99, effective 10/14/99)

WAC 388-71-0820   How do I qualify for Medicaid-funded PACE services?   To qualify for Medicaid-funded PACE services, you must apply for an assessment by contacting your local Home and Community Services office. A case worker will assess and determine whether you:

(1) Are age:

(a) Fifty-five or older, and blind or disabled as defined in WAC 388-15-202, Long-term care services--Definitions; or

(b) Sixty-five or older.

(2) Need nursing facility level of care as defined in WAC ((388-97-235)) 388-71-0435(4), titled ((Medical eligibility for nursing facility care.)) Am I eligible for COPES-funded services? Note: If you are already enrolled, but no longer need nursing facility care, you might still be eligible for PACE services if the case manager reasonably expects you to need nursing facility care within the next six months;

(3) Live within the designated service area of the PACE provider, currently the central Seattle area; and

(4) Meet financial eligibility requirements. This means the department will assess your finances and determine if your income and resources fall within the limits set in WAC 388-513-1315, Eligibility determination--Institutional.

[Statutory Authority: RCW 74.04.057, 74.08.090, 74.09.520 and 74.39A.030. 99-19-048, 388-71-0820, filed 9/13/99, effective 10/14/99.]

Washington State Code Reviser's Office