WSR 02-15-056

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed July 11, 2002, 4:16 p.m. ]

Subject of Possible Rule Making: To revise and reorganize sections of WAC 388-15-650 through 388-15-662, Adult day services. Revised sections will be incorporated into chapter 388-71 WAC. As a result, WAC 388-15-650 through 388-15-662 will be repealed. This notice replaces the prenotice inquiry filed as WSR 00-08-049 on March 31, 2000. The earlier notice is superseded in response to a rule-making petition filed by adult day service providers on June 18, 2002.

Statutes Authorizing the Agency to Adopt Rules on this Subject: General statutory authority is derived from RCW 74.04.050, 74.04.057, 74.04.200, 74.08.090, 74.09.520, 74.39A.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules are needed to ensure that adult day services are provided within available funding as required by law. Rules may be needed to clarify the purpose of adult day care/day health programs; to clarify or amend adult day care/day health services and eligibility requirements; to transfer adult day health eligibility determinations to department/AAA case managers; to clarify the status of adult day centers as contracted providers; to clarify the Administrative Procedure Act hearing rights of clients and providers; to adopt program cost controls; to amend administrative requirements for contracting with the department/area agencies on aging; and to adopt or clarify such other rules as are necessary or appropriate to accomplish these purposes. This adoption is also necessary to comply with regulatory improvement directives of the Governor's Executive Order 97-02.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services (CMS) formerly Health Care Financing Authority (HCFA). Aging and Adult Services Administration (AASA) will include them on mailings and invite them to participate in meetings.

Process for Developing New Rule: The department is initiating this rule making in response to a petition for rule making filed by Washington Adult Day Services Association (WADSA) and a number of its member adult day service providers. Both WADSA's proposed new rules and AASA's draft rules will be used as a starting point for further discussions with the petitioners and other interested stakeholders. AASA will schedule informal meetings over a two-month period for the purpose of promoting consensus wherever possible and to allow for additional comment before publishing proposed rules. Upon filing a notice of proposed rule making, AASA will notify interested parties of the public hearing to adopt rules and how to submit comments.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Marietta Bobba, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 493-2562, TTY (360) 493-2637, fax (360) 438-8633; and Kristi Olson, Aging and Adult Services Administration, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2537, fax (360) 438-8633, e-mail olsonkl2@dshs.wa.gov.

July 10, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office