WSR 02-16-080

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed August 6, 2002, 12:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-04-096.

Title of Rule: Amending and moving subject matter from the following rules into chapter 388-71 WAC: WAC 388-15-194 Home and community services, 388-15-202 Long-term care services, 388-15-203 Long-term care services -- Assessment of task self-performance and determination of required assistance, and 388-15-205 Long-term care services -- Service plan development. Amending to clarify that a reassessment is required as a condition for continued HCS program eligibility: WAC 388-71-0430 Am I eligible for one of the HCP programs? and 388-71-450 How do I remain eligible for services? Updating cross-references within: WAC 388-71-0410, 388-71-0435, 388-71-0440, 388-71-0445, 388-71-0500, 388-71-0515, 388-71-0600, 388-76-540, and 388-110-020. Repealing obsolete or redundant rules: WAC 388-15-194, 388-15-202, 388-15-203, 388-15-204, 388-15-205, 388-110-210, 388-110-230, and 388-110-250.

Purpose: To (1) amend and move remaining home and community services rules in chapter 388-15 WAC into chapter 388-71 WAC; (2) clarify that the requirement of an in-home assessment applies to all recipients of services through the COPES (community options program entry system), MPC (Medicaid personal care), and chore programs; (3) update WAC and RCW cross-references in other HCS rules; and (4) repeal rules in chapters 388-15 and 388-110 WAC that are now obsolete or redundant.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520, and 74.39A.090.

Statute Being Implemented: RCW 74.39A.090.

Summary: See Purpose above and Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kristi Olson, AASA, 640 Woodland Square Loop, P.O. Box 45600, Olympia, WA 98505-5600 [98504-5600], (360) 725-2537.

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 rules will clarify that the requirement of an in-home assessment applies to all recipients of services through the COPES, MPC, and chore programs. Adoption of new WAC 388-71-194, 388-71-202, 388-71-203, and 388-71-205 will place all home and community services (HCS) program rules into one chapter of Title 388 WAC.

Proposal Changes the Following Existing Rules: The following HCS rules have been revised to clarify language and are being proposed as new rules in chapter 388-71 WAC: WAC 388-15-194 (proposed as new WAC 388-71-194), 388-15-202 (proposed as new WAC 388-71-202), 388-15-203 (proposed as new WAC 388-71-203), 388-15-205 (proposed as new WAC 388-71-205).

These proposed rules clarify that a reassessment is required to remain eligible for HCS services: WAC 388-71-0430 Am I eligible for one of the HCP programs? and 388-71-450 How do I remain eligible for services?

These proposed rules update cross-references within: WAC 388-71-0410, 388-71-0435, 388-71-0440, 388-71-0445, 388-71-0500, 388-71-0515, 388-71-0600, 388-76-540 and 388-110-020, to clarify cross-references to other WAC.

The department also proposes to repeal: WAC 388-15-194, 388-15-202, 388-15-203, 388-15-204, 388-15-205, 388-110-210, 388-110-230, and 388-110-250. The subject matter in these rules will be redundant or obsolete.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will clarify that the requirement of an in-home assessment applies to all recipients of services through the COPES, MPC, and chore programs, and therefore affect only department clients who may be eligible for these services. The proposed rules will not impact small businesses.

RCW 34.05.328 applies to this rule adoption. Rules do meet the definition of "significant legislative rule," but the department is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii), "Rules of the Department of Social and Health Services relating only to client medical or financial eligibility..." The proposed rules clarify that a reassessment is required to remain eligible for COPES, MPC and chore services.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 24, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 20, 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., September 24, 2002.

Date of Intended Adoption: Not earlier than September 25, 2002.

July 30, 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 02-17 issue of the Register.

Washington State Code Reviser's Office